Phishers Face Jail Time Under New U.S. Bill 262
An anonymous reader writes "Democrat Patrick Leahy has introduced a new federal anti-phishing bill that would impose jail terms up to five years and fines up to $250,000 for criminals creating fake web site designed to con consumers in to giving them their personal information. 'Some phishers can be prosecuted under wire fraud or identity theft statutes, but often these prosecutions take place only after someone has been defrauded - that leaves plenty of time to cover their tracks. Traditional wire fraud and identity theft statutes are not sufficient to respond to phishing.' said Leahy in a statement regarding the Anti-Phishing Act of 2005."
Phishing Bill Issues (Score:5, Informative)
I've met Sen. Leahy. He's an old-school Vermont Democrat who's held pretty much every state-level elected office except governor and lieutenant governor. I've had a couple of e-mail exchanges with him on CAN-SPAM. When that law first passed, he was cautiously backing it as a reasonable first step. He's realized lately, however, that it's been largely ineffective. The anti-phishing bill is his first real leading charge at cyber-scamming and it reflects some of his earlier frustration with Congress's inability to deal effectively with Internet issues.
(Or much else, in many people's opinion.)
Leahy ruffled some feathers in the online community by supporting RIAA-sponsored legislation on copyrights. It's possible this is a canny political attempt to balance the books a bit. Then again, he's a decent guy with 80% support in a state that's 33% Republican. Even in the minority, he's got a lot of clout. On this issue he'll probably get bi-partisan support, so it's likely this bill will, in some form, eventualy become law.
Besides, anyone high on Dick Cheney's hate list can't be all bad.
Uhh..what country will this be enforced in again? (Score:2, Informative)
Re:Please explain why (Score:4, Informative)
This will not help... (Score:2, Informative)
How is the US Goverment going to press charges when its occuring out of its jurisdiction?
Just my 2c...
Exact wording of the bill. (Score:5, Informative)
S 472 IS
109th CONGRESS
1st Session
S. 472
To criminalize Internet scams involving fraudulently obtaining personal information, commonly known as phishing
IN THE SENATE OF THE UNITED STATES
February 28, 2005
Mr. LEAHY introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To criminalize Internet scams involving fraudulently obtaining personal information, commonly known as phishing
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Anti-phishing Act of 2005'.
SEC. 2. FINDINGS.
Congress finds the following:
(1) American society is increasingly dependent on the Internet for communications, entertainment, commerce, and banking.
(2) For the Internet to reach its full potential in these and other respects, it must continue to be a trustworthy medium. This means, for example, that Internet users should be able to trust the stated origin of Internet communications and the stated destination of Internet hyperlinks.
(3) Internet users are increasingly subjected to scams based on misleading or false communications that trick the user into sending money, or trick the user into revealing enough information to enable various forms of identify theft that result in financial loss.
(4) One class of such scams, called `phishing' , uses false e-mail return addresses, stolen graphics, stylistic imitation, misleading or disguised hyperlinks, so-called `social engineering', and other artifices to trick users into revealing personally identifiable information. After obtaining this information, the `phisher' then uses the information to create unlawful identification documents and/or to unlawfully obtain money or property.
(5) These crimes victimize not only the individuals whose information is stolen, but the entire online community, including millions of people who rely on the integrity of the Internet's system of addresses and hyperlinks.
SEC. 3. CRIMINAL OFFENSE.
(a) In General- Chapter 63 of title 18, United States Code, is amended by adding at the end the following:
`Sec. 1351. Internet fraud
`(a) Website- Whoever knowingly, with the intent to carry on any activity which would be a Federal or State crime of fraud or identity theft--
`(1) creates or procures the creation of a website or domain name that represents itself as a legitimate online business, without the authority or approval of the registered owner of the actual website or domain name of the legitimate online business; and
`(2) uses that website or domain name to induce, request, ask, or solicit any person to transmit, submit, or provide any means of identification to another;
shall be fined under this title or imprisoned up to 5 years, or both.
`(b) Messenger- Whoever knowingly, with the intent to carry on any activity which would be a Federal or State crime of fraud or identity theft sends any electronic mail message that--
`(1) falsely represents itself as being sent by a legitimate online business;
`(2) includes an Internet information location tool that refers or links users to an online location on the World Wide Web that falsely purports to belong to or be associated with such legitimate online business; and
`(3) induces, requests, asks, or solicits a recipient of the electronic mail message directly or indirectly to provide, submit, or relate any means of identification to another;
shall be fined under this title or imprisoned up to 5 years, or both.
`(c) Definitions- In