OPTA imposes fine of over 100,000 EUR on distributors MSN worm

OPTA, the Dutch Independent Post and Telecommunications Authority, today imposed fines amounting to more than 100,000 euros on two distributors of adware and spyware through Windows Live Messenger, better known as MSN. These individuals unlawfully installed malware on computers of consumers. MSN is a Microsoft chat program enabling users to send each other live messages. The malware called Links4all not only installed advertisement software but also helped further spread the worm to other computers through MSN. Jacqueline Smit, director of Consumer Marketing at Microsoft Netherlands, comments: “We appreciate OPTA’s course of action in tackling exploiters of Windows Live Messenger. This way MSN users will certainly be better protected.”

Spyware spread
It was during the investigation of a different spyware case, namely DollarRevenue, when OPTA discovered that the two individuals were involved in distributing and installing the DollarRevenue software unnoticeably using an MSN worm. They operated as follows: unwary users received a link through one of the contacts in their MSN contact list. Assuming that the chat message containing a link to a certain photo was a personal one, they clicked on the link thus enabling the adware and worm to be installed on their computers. The next time they would start up the chat program all their contacts automatically received the same link. At least 180,000 computers have been infected this way.

Infringement
Unlawfully installing the Links4all software to access personal information of internet users is an infringement. On 16 October 2007 OPTA’s internet security team therefore confiscated data records and memory devices from both persons on several locations. The information obtained proved that the spreading of Links4all earned them at least 28,000 euros. The two transgressors appeared to be an experienced businessman and a young adult male. The businessman provided the funding for the project while the young man, who incidentally was a minor during a part of the infringement, developed the software. The two men have been fined a total of 104,000 euros. The young man was given a fine of 16,000 euros. His being a minor was a mitigating factor in determining the fine. OPTA imposed a fine of 88,000 euros on the businessman. His unwillingness to cooperate with OPTA was deemed to be an aggravating circumstance in determining his fine.

Both persons are entitled to submitting their notice of objection and appeal against OPTA’s decision.