WhenU, a global desktop advertising network, prevailed this week in its motion to prohibit the Utah Spyware Control Act. The preliminary injunction was issued by Judge Joseph C. Fratto Jr. of the Third Judicial District Court in Salt Lake City.
New York-based WhenU argued in its papers and testimony that the Act affects legitimate Internet advertising companies and therefore violates the First Amendment and dormant Commerce Clause of the U.S. Constitution, among other laws, according to the company.
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