Stealth Downloads Threaten Web Users

Posted on April 17, 2002

Thinking of clicking on that pop-up ad which promises some fantastic product or service? Or thinking of downloading some cool software from someone you don't know? Better think again. Stealth downloads are rising on the Net. Whether hidden inside of other, more innocuous, downloads or secreted inside a pop-up ad, these unwanted intruders threaten web users by downloading programs onto their computers without their knowledge. While hidden inside the hapless user's computer, they carry out the designs of their programmers. Even if these invasive programs were harmless, this practice would still be considered misleading and a breach of privacy. However, some of the programs are not harmless at all. They may open a user's computer to serious security risks. They certainly waste user's time.

Some of the stealth software forces web users to view even more pop-up ads than they normally would while surfing the Web. These programs even forced Google, the popular search engine, to issue a statement on the subject, because it received so many complaints from people claiming that pop-ups were appearing while they were using Google. In the statement Google referred to the offending secret downloads as tiny "time bombs" that can "can show pop-ups at random intervals or based on anything you type on a web page." In the statement, Google also provides links to helpful webpages where consumers can learn how to remove the programs. Google also stated that it does not allow pop-up ads of any kind on its website.

Another stealth program, discovered by technology news provider CNET, actually downloads a stealth Peer to Peer network onto people's computers without their knowledge. CNET recently reported that Brilliant Digital Entertainment has been secretly hiding a download within the download for KaZaA, a popular online file-swapping network, that can turn people's PCs into a peer-to-peer network that Brilliant Digital Entertainment can use to make money. Brilliant wants to use the network's distributed power to host other companies' content and provide services. In a series of articles entitled "KaZaA network: Are you concerned?" CNET reported that Brilliant has been distributing the program with KaZaA since February. Millions of people have already downloaded this software before Brilliant even admitted to its existence. Brilliant plans to turn on the switch -- activating the power of millions of people's home computers -- within the next sixty to ninety days.

People who downloaded the KaZaA software have also unwittingly agreed to allow their computers be available for Brilliant Digital's secret network. According to CNET, part of the Terms of Service consumers unknowingly agreed to when they downloaded the secret files said,

"You hereby grant (Brilliant) the right to access and use the unused computing power and storage space on your computer/s and/or Internet access or bandwidth for the aggregation of content and use in distributed computing...The user acknowledges and authorizes this use without the right of compensation."
However, this agreement would probably not survive scrutiny by any court, because the consumers were not aware the file was there. Therefore, their so-called agreement to the Terms of Service was not made willingly or knowingly.

In response to the outpouring of criticism of the practice, CEO Kevin Bermeister of Brilliant Digital Entertainment says the company will obtain everyone's permission first before they remotely turn on the secret P2P network. He told CNET that people who have downloaded the software will see a pop-up screen asking for their participation when the network is activated.

Should a company be allowed to hide a download inside of another download? Most consumers would certainly say no, as should the Federal Trade Commission: this devious method of marketing actually rises to the level of theft, according to some legal experts. The CEO of Brilliant thinks his Peer-to-peer network of home PCs is perfectly permissible. Of course he does; it's an ingenious way to harness the computing power of millions of computers -- for free. In response to the outcry, Mr. Bermeister told CNET about the possibility of compensating users (something the Terms of Service specifically forecloses). It seems unlikely that anyone would allow a company to have unfettered access to his personal computer in exchange for free CDs, coupons or Brilliant Digital "points" that the consumer can supposedly redeem later for prizes (let's not forget about the collapse of the pay to surf programs). Brilliant Digital's schemes are exactly the kind of reprehensible behavior that consumers should utterly repudiate.



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