CapAnalysis, which is the economic analysis wing of the law firm Howery Simon et. al., is submitting a paper to the FTC entitled Peer-to-Peer Software Providers' Liability Under Section 5 of the FTC Act (April 27, 2004). Prepared for the RIAA in connection with the FTC's April 19 workshop on spyware, the paper focuses on P2P providers' failure to disclose risks of spyware, adware, viruses, litigation for copyright violations, and the possibility that a computer user can become a recipient or unwitting distributor of porn or other offensive materials.

RIAA/CapAnalysis advocates an FTC investigation of P2P software providers.

The FTC issued a Consumer Alert on potential problems of P2P in July 2003.