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"Anti-Phishing" Bill starting to raise a lot of concerns

Olympia Snowe's "Anti-Phishing" Bill

11:21 pm on Mar 4, 2008 (gmt 0)

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Senate "Anti-Phishing" Bill starting to raise a lot of concerns amongst domain owners:

The bill(pdf) [commerce.senate.gov]

ICA summary of bill's effects on domain names [internetcommerce.org]

Useful information and resources [domainnamewire.com]

1:15 pm on Mar 8, 2008 (gmt 0)

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Very little in this bill addresses "phishing". However the language would allow some situations that could negatively affect the rights of domain holders - "domainers" AND webmasters:

- Privacy on WHOIS information would be eliminated. Many people use private WHOIS to deter stalkers and spammers.

- A company or holder of a trademark could demand ownership or sue a domain holder with a name similar to their name.

They would NOT be required to demonstrate bad faith.

Generic domains would NOT be protected.

Neither are (in my understanding) domains in use prior to registration of a trademark. This means that if somebody likes the domain you're using for your website they could trademark the name and take it from you.

Fine if you have the means to tm all your domain name(s) first, but if not?

We all hate phishing, but these measures aren't going to stop it. What they will do is jeopardize small businesses and individuals who make their living on the internet.

Petition against the Snowe bill [snowebill.com]

[edited by: MamaDawg at 1:18 pm (utc) on Mar. 8, 2008]


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