New York v. Direct Revenue Amicus Brief

By Eric Goldman

David Post, Scott Christie and I have filed an amicus brief in New York v. Direct Revenue LLC, No. 401325/06 (N.Y. Supreme Ct.), one of Spitzer’s office’s high-profile enforcement actions against adware companies.

Among other aggressive positions, the NYAG’s office argues that Direct Revenue committed deceptive trade practices by disclosing certain information only in the EULA. Our amicus brief notes the potential implications of this argument given the ubiquity of clickthrough agreements as a disclosure mechanism on the Internet. We don’t opine on Direct Revenue’s specific practices, but we express concern that the expedited procedure chosen by the NYAG’s office isn’t the right venue to set precedent implicating the practices of millions of companies.