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S. 2661, The Anti-Phishing Consumer Protection Act of 2008 (1 comment ↓)
S. 2661 would prohibit the collection of identifying information of individuals by false, fraudulent, or deceptive means through the Internet, a practice known as "phishing", and it would provide the Federal Trade Commission the necessary authority to enforce such prohibition.
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Ron James
At first glance, the "Anti-Phishing Consumer Protection Act of 2008" seems to be about reducing phishing and online fraud. However a closer examination of the bill reveals provisions that could have chilling effects for millions of honest domain name owners.
Buried inside the harmless-sounding "Anti-Phishing" bill is language that would allow governments and big businesses to take away the websites of individuals and small businesses without the due process protection that is embodied in current trademark law and domain resolution procedures.
All that the government or big business needs to assert is that the individual or small business website uses words that could be confusing. The Bill includes criminal penalties and massive fines. Targeted measures to reduce phishing deserve our support. The Trojan horse language hidden in this bill that would allow governments and big businesses to take away property from individuals and small business should be removed.