BEWARE: Lawmakers Push Penalties for False Web Records
Lawmakers Push Penalties for False Web Records
Wed February 4, 2004 02:26 PM ET
By Andy Sullivan
WASHINGTON (Reuters) - U.S. lawmakers touted a bipartisan bill on Wednesday that would increase jail time and fines for identity thieves, cybersquatters and other online fraudsters who register Web sites under false identities.
Reps. Lamar Smith and Howard Berman, who introduced the bill on Tuesday, said it would improve the accuracy of Web-site registration records that investigators use to track down those suspected of breaking the law.
"The government must play a greater role in punishing those who conceal their identities online, particularly when they do so in furtherance of a serious federal criminal offense or in violation of a federally protected intellectual-property right," said Smith, a Texas Republican.
Berman, a California Democrat, said domain-name sellers should also be held liable.
As many as 10 percent of the Internet's 30 million domain names may be registered under false identities, according to a study released last year.
Investigators checking Web-site registration records frequently find that suspects have filled out the registration records with clearly fraudulent information -- providing "555-555-5555" as a phone number or "Small Wok Way, Chopstick Town, WI" as a street address, witnesses told the House Internet and intellectual-property subcommittee.
The bill would not directly outlaw the use of fraudulent registration information. Instead, it would increase civil and criminal penalties for those who used false identities to set up Web sites used in other illegal activity.
Fines in copyright and trademark-violation cases could be tripled, while those convicted of felonies could have an additional seven years tacked onto their sentences.
Berman originally advocated a more direct approach that would make false registrations a crime punishable by up to five years in prison. But he changed his tack after privacy advocates said that his initial plan could hurt those who had legitimate reasons to protect their anonymity.
Berman said the new bill should be expanded to require domain-name sellers, or registrars, to ensure that their records are accurate.
"I think we haven't gone far enough. The only complete solution would hold the registrars accountable," he said.
That would bypass efforts already underway by the international body that oversees the domain-name system, said a lawyer involved in the process.
Kathryn Kleiman, who serves on a task force for the Internet Corporation for Assigned Names and Numbers, said the bill could also discourage people from posting controversial views online if they had no way protect their identity.
"This is absolutely a chilling of speech," Kleiman said.
Wed February 4, 2004 02:26 PM ET
By Andy Sullivan
WASHINGTON (Reuters) - U.S. lawmakers touted a bipartisan bill on Wednesday that would increase jail time and fines for identity thieves, cybersquatters and other online fraudsters who register Web sites under false identities.
Reps. Lamar Smith and Howard Berman, who introduced the bill on Tuesday, said it would improve the accuracy of Web-site registration records that investigators use to track down those suspected of breaking the law.
"The government must play a greater role in punishing those who conceal their identities online, particularly when they do so in furtherance of a serious federal criminal offense or in violation of a federally protected intellectual-property right," said Smith, a Texas Republican.
Berman, a California Democrat, said domain-name sellers should also be held liable.
As many as 10 percent of the Internet's 30 million domain names may be registered under false identities, according to a study released last year.
Investigators checking Web-site registration records frequently find that suspects have filled out the registration records with clearly fraudulent information -- providing "555-555-5555" as a phone number or "Small Wok Way, Chopstick Town, WI" as a street address, witnesses told the House Internet and intellectual-property subcommittee.
The bill would not directly outlaw the use of fraudulent registration information. Instead, it would increase civil and criminal penalties for those who used false identities to set up Web sites used in other illegal activity.
Fines in copyright and trademark-violation cases could be tripled, while those convicted of felonies could have an additional seven years tacked onto their sentences.
Berman originally advocated a more direct approach that would make false registrations a crime punishable by up to five years in prison. But he changed his tack after privacy advocates said that his initial plan could hurt those who had legitimate reasons to protect their anonymity.
Berman said the new bill should be expanded to require domain-name sellers, or registrars, to ensure that their records are accurate.
"I think we haven't gone far enough. The only complete solution would hold the registrars accountable," he said.
That would bypass efforts already underway by the international body that oversees the domain-name system, said a lawyer involved in the process.
Kathryn Kleiman, who serves on a task force for the Internet Corporation for Assigned Names and Numbers, said the bill could also discourage people from posting controversial views online if they had no way protect their identity.
"This is absolutely a chilling of speech," Kleiman said.
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