spyware hypo.indd

Short Description
The FTC receives several consumer complaints about a particular spyware program and … by finding the website that launched the spyware program. …

Website: www.ftc.gov | Filesize: 58kb

Content
How the US SAFE WEB Act Would Help the FTC:
A Hypothetical Spyware Case1
The FTC receives several consumer complaints about a particular spyware program and
sees several news reports about how this program is being used to steal consumer data. The
program is also causing many consumers’ computers to crash. The FTC begins investigating
by finding the website that launched the spyware program. It learns the Internet Protocol (IP)
number for the computer that registered the website, and learns the identity of the Internet
Service Provider (ISP) that owns the particular block of IP numbers at issue. In this case,
the ISP is based in the United States, so the FTC sends a Civil Investigative Demand, or CID
(essentially, an investigative subpoena) to the ISP to find out who the ISP’s customer is.
The ISP turns over the relevant information about the sub-leasee of the IP block. Based on
the information provided, the FTC does not learn the identity of the ultimate spyware operator.
Rather, the FTC learns that the IP block was sub-leased to a Romanian ISP. Unbeknownst to
the FTC, the U.S.-based ISP has informed the Romanian ISP that the…