A spy in your computer?

An Internet researcher and consultant on Friday testified that spyware is "like eavesdropping" on a computer user's activities.

Ben Edelman's remarks came during the second day of a state court hearing on whether the implementation of Utah's new Spyware Control Act should be delayed until litigation against the state concludes.

New York-based WhenU.com Inc. has sued the state, Gov. Olene Walker and Attorney General Mark Shurtleff, claiming that the act violates the U.S. and state constitutions and federal commerce and copyright laws. A temporary restraining order is keeping the act, which was passed in the 2004 regular legislative session, from taking effect until a few days after the preliminary injunction hearing.

Third District Court Judge Joseph C. Fratto Jr. on Friday continued the hearing, with the next court date being June 22.

The act, passed during the Legislature's 2004 regular session, is designed to cut down on spyware by making it illegal to create or install the software, which monitors Internet activity and sends that information elsewhere, usually without the user being aware of it or consenting to it. The law also hopes to curb pop-up advertising — like that done by WhenU — on the Internet and calls for penalties of $10,000 per violation.

WhenU contends its software is not spyware and that it faces financial loss if the act is implemented before the trial begins, regardless of a trial outcome.

On Friday, Edelman, of Massachusetts, said spyware sends "extra junk" to computers, and pop-up ads are annoying. He said the pop-ups are "like someone tapping me on the shoulder when I'm trying to get something done."

He also testified that spyware can hurt computer speed and reliability, invade user privacy and create security problems. Spyware can install more spyware, and "the problem cascades," he said.

Edelman conceded that WhenU software may or may not be considered spyware. During cross-examination, it was revealed that he has worked for Draper-based 1-800 Contacts Inc., a company in litigation against WhenU about pop-up ads, plus other companies, including potential WhenU litigants.

Also testifying for the state was Kent Lewin, chief information officer of SOS Staffing Services and president of Internet service provider ArosNet. He said spyware has a "very negative effect" on ArosNet customers and the company. The effects are most telling for customers using slow "dial-up" connections, he said, noting that as pop-up ads appear, computers are slowed. "There's an absolute, noticeable difference," he said.