If the sites set it up themselves, it's fraud. If you conspire with the sites to set it up, it's fraud and conspiracy to commit fraud. But if I'm prosecuted for the crime of not actually looking at ads I request, that's just a judge with an agenda. Whether it went one way or another at every layer of appeal would probably be a coin flip, though.
Note also that the offence is framed in terms of intention to gain or cause loss. Even if no material gain or loss happens, the intention is what matters. (The equivalent mental element for theft in England is that one dishonestly intends to permanently deprive someone of the property being taken.)
https://www.legislation.gov.uk/ukpga/2006/35
This applies to online ad 'click fraud' in both ways—if a publisher fraudulently clicks on adverts to make money, that'd potentially be fraud to make a gain for themselves. If a competitor clicks on adverts to get their competitor to lose money on pay-per-click, that'd potentially be fraud to cause a loss to another.
I can't speak for jurisdictions other than England and Wales but I'd be surprised if a fair number of other jurisdictions didn't also define fraud in a way that covers both gain and loss scenarios.
I don’t think AdNauseum users would be prosecuted, but you’re still wrong.
source - https://en.wikipedia.org/wiki/Fraud
Spoiler alert, it doesn’t involve your intentions or money.
https://en.m.wikipedia.org/wiki/Computer_Fraud_and_Abuse_Act
The companies spying on me should be the first in line to be tried under CFAA
What’s needed is a better term.
I propose either AdTurfing (hat tip AstroTurfing) or AdLighting (hat tip GasLighting). My personal preference is the second.
Ad biz is a business model, not property, and a predatory one as that. You are not obligated to enable someone else's business for free.
They are claiming their clicks and impressions mean something - its their problem to ensure they are accurate.
Imagine someone is doing a survey of sex habbits, and selling the results. Is it a fraud to lie? Ofcourse not, why should you be responsible for their profits.
The fact that people think they are legally obligated to enable this is really fucked up.
Be carefull - fraud is a crime. But I am under no obligation to provide AdWords any data, let alone true and reliable data.
Considering the tracking and spying, and my legitimate interest in privacy, there is no room for fraud argument here.
PS: this would be probably a Hoax