Senate “Anti-Phishing” Bill Threatens Domain Owners and Small Business

By on March 6, 2008

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?

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

About Mark Fulton

Mark is the Founder of DotSauce Magazine and a full time web developer, domain investor, SEO and online marketing professional residing in North Carolina, USA.
  • Troy

    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.

  • Troy

    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.

  • http://www.versatables.com/ Chris Stormer

    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.

  • http://www.versatables.com Chris Stormer

    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.

  • http://www.schubsta.blogspot.com/ Schubsta

    Sounds nasty and scary. Thanks for sharing.

  • http://www.schubsta.blogspot.com Schubsta

    Sounds nasty and scary. Thanks for sharing.

  • http://thaiphoonblog.com/ Thai

    As Declan McCullough said – Phishing is alread ya crime.

    This seems more like a solution in search of a problem to me.

  • http://thaiphoonblog.com Thai

    As Declan McCullough said – Phishing is alread ya crime.

    This seems more like a solution in search of a problem to me.

  • http://womansindex.com/ Daisy

    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.

  • http://womansindex.com Daisy

    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.

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  • Weird Gifts

    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 =/

  • http://www.oddballgifts.net/ Weird Gifts

    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 =/

  • http://www.mwzd.com/ mwzd

    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.

  • http://www.mwzd.com mwzd

    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.

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  • http://www.gossipcheck.com/ Manuel

    I don’t understand why the big companies always hit the small business ppl.

  • http://www.gossipcheck.com Manuel

    I don’t understand why the big companies always hit the small business ppl.

  • http://onthemove.monavievo.com/ Monavie

    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!

  • http://onthemove.monavievo.com Monavie

    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!

  • http://www.myikram.com/ MyIkram

    Is that mean that we dont have privacy anymore?

  • http://www.myikram.com MyIkram

    Is that mean that we dont have privacy anymore?