A bill to prohibit the collection of identifying information of individuals by false, fraudulent, or deceptive means through the Internet, a practice known as "phishing", to provide the Federal Trade Commission the necessary authority to enforce such prohibition, and for other purposes.
Anti-Phishing Consumer Protection Act of 2008 or the APCPA - Makes it unlawful for a person to fraudulently: (1) solicit identifying information from a protected computer; (2) use a domain name in violation of the Trademark Act of 1946; (3) use a domain name in an electronic mail message, an instant message, or on a Web page; or (4) register a domain name in any domain name registration authority.
Makes it unlawful for a domain name authority to replace or materially alter the contents of, or restrict access to, any domain name registrant's name or other identifying information in any domain name registration authority database if the authority has received written notice that the use of such domain name is in violation of any provision of this Act.
Authorizes civil actions by state officials (except during the pendency of a federal action), interactive computer services, and trademark owners.
Provides for enforcement by the Federal Trade Commission (FTC) and certain other agencies.
Provides for fines and/or imprisonment for violators.
Preempts inconsistent state laws, but allows state laws that provide greater protection.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1126-1127)
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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