Benjamin EdelmanUtah Spyware Control Act On Hold

June 22, 2004 - Updated July 7, 2004

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Today brought closing arguments in WhenU.com, Inc., v. The State of Utah.

After closing arguments, Judge Fratto granted WhenU's Motion for Preliminary Injunction, enjoining current enforcement of the Spyware Control Act. Ruling from the bench, Judge Fratto stated that he was not persuaded that WhenU had satisfied the requirements of showing a substantial likelihood of prevailing on the merits of its constitutional challenge as to the spyware provisions of the Act, but that WhenU had satisfied such showing regarding the context-triggered pop-up ads provision. Nonetheless, Judge Fratto enjoined enforcement of the act in its entirety. See transcript of ruling.

For my perspective on the factual portion of the hearing, June 10-11, see Report from WhenU v Utah.