a finding by the Commission that CJB.NET and 180solutions had such actual knowledge

of the deceptive and unfair nature of the their actions, or that such knowledge could fairly

be implied from the circumstances, the Commission may commence a civil action to

recover a civil penalty against CJB.NET and 180solutions.

22

34. On November 14, 2005, CDT notified 180solutions that CJB.NET was distributing

180solutions software through the use of deceptive security warnings and EULAs.  One

Web site hosted by CJB.NET included  Mrs. Hall's Second Grade Class. 

23

  After

discussion with 180solutions, CDT continues to take issue with the questionable consent

practices employed for distributing the software.  In any event, 180solutions has actual

knowledge of the deceptive nature of its affiliate's practices, as well as the deceptive

nature of its own download prompts, as a result of communications with CDT.

Moreover, the objective circumstances surrounding the downloads of 180solutions

products from CJB.NET hosted Web sites is more than sufficient to support a conclusion

that 180solutions is successful in downloading adware on to consumers' computers due

to deceptive practices, and is fully aware of this fact.

IV. 

R

EQUEST FOR 

I

NJUNCTION AND 

O

THER 

R

ELIEF

35. Over the past two years, millions of consumers have been harmed by 180solutions

pattern of unfair and deceptive practices.

24

  Despite CDT's reports, audits from its own

consultants, and public reports from security experts, 180solutions has remained brazenly

reckless in its efforts to get its software on users' computers through affiliates such as

CJB.NET.  Therefore, we urge the Commission to consider this an urgent matter and

investigate and prosecute it accordingly.  In particular, we ask the Commission to:

(a) Enjoin 180solutions, CJB.NET, or other responsible parties from future use of

the deceptive and unfair installation of software, and

(b) Order other such equitable relief as the Commission finds appropriate, including

monetary penalties.

Considering the ongoing and widespread nature of the practices addressed in this

complaint, we request that the Commission utilize all of the tools at its disposal and work

with other law enforcement bodies to ensure that consumers receive adequate relief.

Supplementary Documentation:

22

 Id.

23

 http://www.mrshall.cjb.net (no longer active).  See Spyware Warrior, 180solutions sponsors class of

second graders in Ohio, http://netrn.net/spywareblog/archives/2005/11/13/180solutions sponsors class of 

second graders in ohio (contains description and video of download from site).

24

 The December 2005 Online Safety Study conducted by America Online and the National Cyber Security

Alliance found that 61% of the respondents had spyware on their computer, and of these 61% of users, 11%

had 180solutions software on their machines.  Of the respondents who did have spyware, 81% said that

they would like to have it removed immediately.  In addition, Webroot has consistently ranked

180solutions as one of its top ten spyware distributors, as has Panda Software.

9