Infomation about Senate bill S.2661 proposed by U.S. Senator Olympia Snowe,
entitled the “Anti-Phishing Consumer Protection Act of 2008” (APCPA)
Current status of S.2661:
Submitted to the Senate Committee on Commerce, Science and Transportation on February 25, 2008. No hearings has yet been scheduled to discuss the proposed legislation.
Summary:
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.
Our concerns are that S.2661 would-
- Make it a criminal act to use any domain name that is similar to the name of another entity. There is no distinction for entities formed AFTER your domain registration!
[See Section 2 (b)(1)] - Criminalize the selling domain names without having first used them for offering goods and services [See Section 2 (b)(2)]
- Make WHOIS privacy services illegal. [See Section 3 (c)(3)]
- Set penalties for violations as high as $6,000,000 for those procecuted under this new law.. [See Section 5 (f)(3)]
There are thousands, probably even millions, of innocent small businesses and individuals who have registered domain names and developed websites, in good faith, who do not sell goods and services. Some websites express opinions. Some websites provide information. Some are simply under development. As long as these small businesses or individuals do not infringe on the trademark rights of others, a process that is already covered by the UDRP procedure, then they should not be viewed as criminals if they wish to sell the fruits of their labor for more than the price that they paid.
What you can do-
- Educate yourself about S.2661. The bill can be read in its entirety here.
Recommended reading:
- Write to members on the Senate Commerce committee expressing your concerns.
- Urge them to vote against this proposed bill.
- Ask to have the wording changed on this Bill so that it truly targets phishers, not innocent individuals and small businesses.
- Be sure to mention this bill by name and number (S.2661).
- Send a copy of your letter to your own Senators.
- Support those that are fighting this bill!
- Join or make a donation to the ICA. The ICA is the only domain-related organization with a lobbying presence in Washington D.C and is currently leading the charge against S.2661..
- Take pride in your involvment in doman names.
Distinguish yourself from phishers, fraudsters and cybersquatters by doing business honestly and with integrity. The sooner we can behave and identify ourself as legitimate, honest entrepreneurs who are able to self-regulate the better chance we all have of keeping the domain name industry recognized as legitimate business.
- Spread the word!
Everyone can help with the effort to get the word about about this bill. Together we can work together to educate ourselves, other domain owners, and our legislatures.
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