Anti-Phishing Act of 2005

March 1, 2005 · by · in E-Commerce, Spam

Sen. Leahy introduced the Anti-Phishing Act of 2005 on Feb. 28. The text is not on Thomas yet, nor is it on Leahy’s website. If you have the text, please let me know. Leahy released a statement about the bill that includes the following summary:

“The Anti-Phishing Act of 2005 would enter two new crimes into the U.S. Code. The first prohibits the creation or procurement of a website that represents itself to be that of a legitimate business, and that attempts to induce the victim to divulge personal information, with the intent to commit a crime of fraud or identity theft. The second prohibits the creation or procurement of an email that represents itself to be that of a legitimate business, and that attempts to induce the victim to divulge personal information, with the intent to commit a crime of fraud or identity theft.”

I have to see the wording of the statute, but at this level of generality, the law doesn’t sound too bad. It does criminalize inchoate activity, but the scienter requirement (“intent to commit a crime of fraud or identity theft”) limits the law’s application. I’ll blog more when I see a copy.

Washington Post story on the topic.