defrauded
eBay through cookie stuffing in 2006 and 2007.|alt=Brian Dunning smiling against a orange background Most affiliate marketing programs prohibit cookie stuffing because it tends to undermine genuine product advertising efforts. In the United States, the
Federal Trade Commission lays out advertising guidelines mandating the clear disclosure of financial relationships between advertisers and retailers. Cookie stuffing deliberately operates in an opaque manner for users, conflicting with the guidelines that emphasize transparency to the user. In certain cases in the United States, cookie stuffing has been considered a form of
wire fraud. In 2006, when
eBay collaborated with the
Federal Bureau of Investigation in a sting operation targeting top affiliate marketers,
Shawn Hogan, eBay's largest affiliate marketer, was found to have engaged in cookie stuffing. His strategy involved modifying his website to load resources from eBay's servers, thereby setting affiliate cookies on users' browsers. The technique falsely attributed subsequent eBay purchases to Hogan's site. Despite Hogan making over $28 million through eBay's affiliate commissions, it was determined that Hogan's activities did not contribute any substantial revenue to eBay. In subsequent legal proceedings, Hogan pleaded guilty to a single wire fraud charge, leading to a five-month federal prison sentence and a $25,000 fine. Around the same time, another incident involved eBay's second-most-prolific affiliate marketer,
Brian Dunning, who employed similar tactics to defraud eBay of over $5 million during 2006–2007. Dunning's fraudulent activities came to light as he utilized methods akin to Shawn Hogan's cookie-stuffing scheme. During the legal proceedings, Dunning admitted to collaborating with Hogan in executing the fraud, offering to teach him key techniques. Hogan denied the claim, alleging that Dunning ripped off his techniques. Dunning further alleged that he paid an account manager at an affiliate management network
CJ Affiliates, for insider knowledge of how the
affiliate network operated, although this claim was not officially confirmed. Dunning, like Hogan, pleaded guilty to a single wire fraud charge and was sentenced to 15 months in prison, followed by three years of supervision. == Impact ==