Constitutional right to... advertise?

USAToday - Advertising company sues Utah over new anti-spyware law

I'm torn on this article. The lawsuit, Utah's 'Spyware Control Act', restricts products such as WhenU's advertising software that run in the background to monitor your Internet activity and then send that information to a remote destination. I don't like the idea of software monitoring my keystrokes or my internet activity or any of my actions. The law also prohibits pop-up ads, with $10,000 fines per violation.

This really is too restrictive. If you read to the end of the article you notice that four of the biggest Internet companies have also objected to the law: AOL, Microsoft, Yahoo, and Google. This law could have significant ramifications for much more legitimate programs. I'm not so sure that pop-up ads are ever acceptable, but still, do we need to make them illegal and charge $10k per ad? That's ridiculous. Web browsers already can disable them.

But the challenge appears to be that the law "violates WhenU's constitutionally protected right to advertise". Umm, yeah. They also say that WhenU's software "is installed only with permission and doesn't invade privacy". Good luck arguing that.