Bill Fills Phishing Holes
Although the identity theft bill signed by President Bush Thursday includes mandatory jail terms for those who use a stolen identity to commit a felony, the new law does not criminalize the notorious Internet act of "phishing." U.S. Senator Patrick Leahy wants to change that.
The problem is phishing
"Some phishers can be prosecuted under wire fraud or identity theft
statutes, but often these prosecutions take place only after someone has
been defrauded," Leahy said when he introduced the bill. "When people cannot
trust that Web sites are what they appear to be, they will not use the
Internet for their secure transactions. So traditional wire fraud and
identity theft statutes are not sufficient to respond to phishing.
In order to protect First Amendment concerns, Leahy said the bill protects
free speech, including speech that may be deceptive, such as the innocent
parodying of commercial Web sites for political commentary. The bill also
protects free speech by including the requirement that the actor must have
the specific criminal purpose of committing a crime of fraud or identity
theft.
"[The bill] protects parodies and political speech from being prosecuted as
phishing," Leahy said. "We have worked closely with various public interest
organizations to ensure that the Anti-Phishing Act does not impinge on the
important democratic role that the Internet plays."
Resolution on the issue, however, will have to wait, especially since summer vacation is
just a couple of weeks away. The bill is also contending with Congress' early October dismissal
for lawmakers to campaign.
Leahy spokesperson David Carle told internetnews.com the odds are
long that the bill can be passed in the current session of Congress.
Most lawmakers are unfamiliar with phishing, time is running short and there
is no comparable legislation in the House of Representatives, he said.
But Carle remains optimistic about Congressional response to the bill, despite
the seemingly uphill walk it faces.
"We are in the closing weeks of this Congressional session, but this bill
begins the debate," Carle said. "We are bringing this bill to the attention
of many in Congress who are just beginning to hear about phishing."