Senate “Anti-Phishing” Bill Threatens Domain Owners and Small Business
U.S. Senator Olympia Snowe has introduced, the “Anti-Phishing Consumer Protection Act of 2008” (APCPA). The bill is cosponsored by Senators Bill Nelson (D-FL) and Ted Stevens (R-AK), the man who famously referred to the internet as a “series of tubes.”
This bill is in fact, not truly about phishing so much as it is a direct blow to legitimate domain owners and small business.
For the most direct information you can read the bill itself here (PDF) and review an in-depth response by the Internet Commerce Association(ICA).
Closer Look at the Fine Print
The good (bad) stuff starts on page 6 of the document and continues to completely destroy domain WHOIS privacy as we know it today. This section alone should be encouragement enough to fight against the passage of this bill.
(c) WHOIS Database Information Accuracy-
(2) DOMAIN NAME REGISTRARS, REGISTRIES AND OTHER AUTHORITIES - It is unlawful for a domain name registrar, registry or other domain name authority, directly or indirectly, via proxy or any other method, to replace or materially alter the contents of, or to shield, mask, block, or otherwise restrict access to, any domain name registrant’s name, physical address, telephone number, facsimile number, electronic mail address, or other identifying information in any WHOIS database or any other database of a domain name registration authority if such registrar, registry, or domain name authority has received written notice, including via facsimile or electronic mail at such entity’s facsimile number or electronic mail address of record, that the use of such domain name is in violation of any provision of this Act.
Sign the Petition Now
Over 1400 people so far have participated and signed showing their support against this supposed “anti-phishing” bill.
Visit SnoweBill.com and sign now! (Re-directs to petition form)
What Else Can You Do?
- Spread the word online through social networks.
- Make a blog post about it.
- Join the ICA.
- Join the discussion at DNForum.
- Join the discussion at NamePros.
- Contact your senator here or your house representative here.
Wise Words
Declan McCullagh of CNET writes: “It contains 31 pages of new regulations that could raise the cost of doing business for legitimate companies, but will do little to stop the malcontents behind phishing attacks… Remember, phishing is already a crime.”
From Around the Blogosphere
- Response from CircleID
- Article by ComputerWorld
- MediaWizard encouraging you to act now
- DNWire discussing possible implications
- CNET debunks the need for this bill at all
- Elliot Silver’s take on the bill
Popularity: 19% [?]








March 6th, 2008 at 9:18 am
Wow, an end to private WHOIS, that’s scary. Call me crazy, but it seems like the courts can already get a subpoena for that information if they need to prosecute unlawful activity.
March 8th, 2008 at 6:20 am
Anti-Phishing Consumer Protection Act of 2008” (APCPA) is the need of the hour. Such kinds of bill should be encouraged so that surfing on internet becomes safer and easier.
March 9th, 2008 at 1:44 pm
Sounds nasty and scary. Thanks for sharing.
March 9th, 2008 at 11:44 pm
As Declan McCullough said - Phishing is alread ya crime.
This seems more like a solution in search of a problem to me.
March 10th, 2008 at 9:26 am
Ending private Whois is not gonna stop phishing scams. Domains can be registered using false peronal information and you can bet your you-know-what that scammers also know how to do that. And like Troy said, if necessairy the courts can obtain that information.
March 10th, 2008 at 6:42 pm
[…] Article - Senate “Anti-Phishing” Bill Threatens Domain Owners and Small Business: “Over 1400 people so far have participated and signed the petition showing their support […]
March 11th, 2008 at 7:46 am
[…] The honest domainers feel like they are getting caught in the fishing net like dolphins on a bad tuna hunt. I looked around for people that wrote blog posts about the bill and here are a few that I found; Jaikumar Vijayan of Computer World, John Levine, Michael Berkens, Andrew Allemann, Declan McCullagh of CNET, Elliot Silver, Sahar Sarid, Jothan Frakes, Internet Commerce Association, and Mark Fulton […]
March 12th, 2008 at 12:41 pm
I’m not really against this bill. After reading it, it seems to be really just smashing mistype squatters, which doesn’t affect me considering the domains I own are based around their own brand/keywords, not relying on the ineptitude of surfers.
I’ve always thought mistype domains were bad business =/
March 18th, 2008 at 10:17 pm
Weird Gifts - that is exactly what they want you to think.
Read this -
http://www.namepros.com/2597261-post75.html
Might give you a better insight and drag you out into the harsh light of reality - everyone is at risk, everyone.
March 24th, 2008 at 7:56 pm
[…] decisions which can impact parking and government officials are trying to pass legislation like the Snowe “Anti-Phishing” Bill which threatens our privacy and legitimate domain […]
March 24th, 2008 at 8:19 pm
[…] it is still plausible and as such renders our industry ridiculously unsafe. Add to that the Snowe “Anti-Phishing” Bill that legislators are trying to pass and what are we left with? An industry where new investors can […]
April 5th, 2008 at 12:51 pm
I don’t understand why the big companies always hit the small business ppl.
May 20th, 2008 at 9:00 pm
I also agree with Troy, the courts can get any private information they may need without making all of that available to the public. It sounds nice for users, but not for website owners themselves. I wouldn’t want my info out in the open for everyone!
May 29th, 2008 at 11:29 am
Is that mean that we dont have privacy anymore?