Cookie Stuffing?- Illegal?

Discussion in 'Legal Issues' started by aflac68, Nov 4, 2008.

  1. #1
    Ok i have read many things about cookie stuffing being legal/illegal...

    Some things i have read have said that some merchants dont mind if you cookie stuff. I have also read things about some kinds of cookies that delete other affiliates cookies(basically they steal sales)

    So im pretty sure the stealing sales cookie is illegal but is it illegal to cookie stuff your own website? The cookies that i have tested get removed/deleted when they visit and click on another sites link.

    I dont want to get into any trouble here so thats why im asking

    My scenario: i would have a review site(mainly of clickbank products) and i would place 1 cookie with the products link im promoting on the page i am reviewing it this cookie would not do anything malicious such as delete other affiliates cookies ect so would this be considered legal or illegal?
     
    aflac68, Nov 4, 2008 IP
  2. newtonlink

    newtonlink Peon

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    #2
    I think it would be reasonable if you stuff cookies on a page that contains legitimate content discussing or promoting the product related to the cookies.
     
    newtonlink, Feb 19, 2010 IP
  3. killaklown

    killaklown Well-Known Member

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    #3
    It depends on the affiliate. Im pretty sure all affiliates will suspend your account if your cookie stuffing, and I believe I read some cases where lawsuits were made against cookie stuffers (only heard of ebay and amazon doing this)


    Cookie stuffing would replace existing cookies of the other affiliates if its on the visitors computer...
     
    killaklown, Feb 19, 2010 IP
  4. newtonlink

    newtonlink Peon

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    #4
    I had never thought of it that way before. But then, if the visitor buys as a result of reading the 2nd article, having not been fully convinced by the 1st article, would the cookie be overwritten anyway?
     
    newtonlink, Feb 19, 2010 IP
  5. killaklown

    killaklown Well-Known Member

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    #5
    If the visitor clicks on an affiliate link on another website, the cookie is placed. Then if the visitor goes to your page with the cookie stuffer on it, it replaces the existing cookie on their computer. If they then click on a link and make a purchase, you (the 2nd) will be credited (unless they go to yet another site, and click on an affiliate link, in which case that cookie will replace yours)
     
    killaklown, Feb 20, 2010 IP
  6. Tralfamadorian

    Tralfamadorian Peon

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    #6
    It is not a good idea if it breaks the terms of service contract.
     
    Tralfamadorian, Feb 21, 2010 IP
  7. DubDubDubDot

    DubDubDubDot Peon

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    #7
    Cookie stuffing is illegal. You may be sued by the affiliate program and you may be indicted by the federal government. This is already happening right now.
     
    DubDubDubDot, Feb 21, 2010 IP
  8. killaklown

    killaklown Well-Known Member

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    #8
    theres no law against cookie stuffing.
     
    killaklown, Feb 21, 2010 IP
  9. DubDubDubDot

    DubDubDubDot Peon

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    #9
    I guess I should have been more specific for the people who like to over-analyze comments posted on message boards.

    No, cookie stuffing itself is not named as a specific illegal act, but it is fraud that can lead to civil and criminal prosecution.
     
    DubDubDubDot, Feb 22, 2010 IP
  10. killaklown

    killaklown Well-Known Member

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    #10
    Cookie stuffing can get you sued, but thats it. It would never fly as 'fraud' in court. Stop giving false information.
     
    killaklown, Feb 22, 2010 IP
  11. DubDubDubDot

    DubDubDubDot Peon

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    #11
    There are a number of civil and criminal cases involving cookie stuffing working their way through the system right now. I don't keep a list, so you'll have to search Google.

    Here is one for the thread just to prove that I'm not giving flase information as you claim....

    ---
    Federal authorities are charging a Las Vegas man with marketing a so-called “cookie-stuffing” operation, enriching himself and others while defrauding eBay along the way.

    The felony conspiracy to commit wire fraud charge levied Tuesday against Christopher Kennedy, who faces a maximum 5-year prison term, centers around his website the authorities claim he owns called saucekit. The now-defunct site lets nefarious website owners purchase his cookie-stuffing code to unwittingly dupe eBay to pay those site owners thousands of dollars in advertising referral fees, the authorities said.

    More: http://www.wired.com/threatlevel/2010/02/feds-bust-cookie-stuffing-code-seller/
    ---
     
    DubDubDubDot, Feb 23, 2010 IP
  12. killaklown

    killaklown Well-Known Member

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    #12
    "are charging", Someone can charge you for anything, but doesnt mean it holds up in court. Nevertheless, just dont get into cookie stuffing ;)
     
    killaklown, Feb 23, 2010 IP
  13. DubDubDubDot

    DubDubDubDot Peon

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    #13
    Charges at the Federal level are very difficult to fight. They are selective of their cases and have about a 90% win rate.

    There is little question of guilt in cookie stuffing. 100% of the criminal cases should be guilty verdicts. There will be fines, forfeiture of earnings, seizure of property, possible limitations against certain future online business activities and prison sentences are likely.
     
    DubDubDubDot, Feb 23, 2010 IP
  14. PetCareEducation

    PetCareEducation Peon

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    #14
    If they prove you did it I think its against the law.

    Shawn is facing or faced some issues with this....
     
    PetCareEducation, Feb 23, 2010 IP
  15. xanth

    xanth Active Member

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    #15
    If you get sued, prepare to spend tens of thousands of dollars defending yourself. Then you can determine whether you'll win or lose, too.
     
    xanth, Feb 25, 2010 IP
  16. bernadus

    bernadus Peon

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    #16
    I think it is illegal. cookie stuffing is strictly against the law.
     
    bernadus, Feb 26, 2010 IP
  17. jonnyh431

    jonnyh431 Peon

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    #17
    It is not illegal, it is just against the terms and conditions of many affiliate networks.
     
    jonnyh431, Mar 21, 2010 IP
  18. DubDubDubDot

    DubDubDubDot Peon

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    #18
    It is fraud, and it's a felony.

    See my post #11 in this thread.
     
    DubDubDubDot, Mar 22, 2010 IP