in the installation of advertising software, in violation of section 5 of the Federal Trade

Commission Act (FTC Act).

1

II. 

P

ARTIES

The Center for Democracy and Technology

3. The Center for Democracy and Technology (CDT) is a non profit, public interest

organization incorporated in the District of Columbia and operating as a tax exempt

organization.  CDT is dedicated to preserving privacy, civil liberties and democratic

values on the Internet.  CDT pursues its mission through public education, grass roots

organizing, litigation, and coalition building.

4. In November 2003, CDT released a report entitled  Ghosts in Our Machines:

Background and Policy Proposals on the `Spyware' Problem. 

2

  Simultaneously, CDT

called on Internet users to share their experiences with so called  spyware  programs.

CDT committed itself to investigating the complaints submitted by the public and, where

appropriate, filing complaints with the FTC.

3

  CDT has since filed complaints with the

FTC against Mailwiper, Inc. and Seismic Entertainment Media, Inc., in February 2004.

CDT has emerged as the leading public interest advocate on spyware issues, working

closely with anti spyware companies, researchers, and other public interest groups.

University of Washington Technology Law and Public Policy Clinic

5. The Technology Law & Public Policy Clinic at the University of Washington School

of Law allows second  and third year law students to gain familiarity with legislative

processes and administrative law relating to the technology sector.  Students are involved

in projects that aid nonprofit or governmental agencies by formulating legislation,

regulations and other policies relating to law, technology and intellectual property.

180solutions, Inc.

6. 180solutions is incorporated in the state of Washington and currently operates its

corporate headquarters in Bellevue, WA. The company's Web site,

http://www.180solutions.com, characterizes 180solutions as  a leading provider of

Internet search marketing solutions.  According to the Web site, the company offers

consumers  a better way to search online and an entire network of free online content in

exchange for using our applications. 

7. 180solutions sells advertising and distributes several free software programs on its

Web sites and through affiliates, including 180search Assistant, and Zango. 180solutions

also formerly distributed a free program called n CASE, but the software had a similar

1

15 U.S.C.   45 (2000).

2

 See http://www.cdt.org/privacy/031100spyware.pdf.

3

 See http://www.cdt.org/action/spyware.

2