Don't have your real name & address in whois? Govt. wants to make it a 7 year felony

when is it expected to pass into law? I'm sure it will, just a matter of time...

No telling, at this point it has only passed House subcommittee.

the next bill will be closing down porn then the net.

Move to canada

America won't be able to pull that off in a million years.

Most registration firms will register it with their address if you want them to...

nothing less than death penalty

Yep, i'm going.

Our govt will take good care of you. Free health care, free housing, free money. Go Canada!

Could a person use a POBox?

IN THE HOUSE OF REPRESENTATIVES

February 3, 2004

Mr. SMITH of Texas (for himself and Mr. BERMAN) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To provide additional civil and criminal remedies for domain name fraud.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Fraudulent Online Identity Sanctions Act'.

SEC. 2. AMENDMENT TO TRADEMARK ACT OF 1946.

Section 35 of the Act entitled `An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes', approved July 5, 1946 (commonly referred to as the `Trademark Act of 1946'; 15 U.S.C. 1117), is amended by adding at the end the following new subsection:

`(e) In a case of a violation referred to in this section, occurring at or in connection with an online location, the violation shall be considered to be willful for purposes of this section if the violator, or a person acting in concert with the violator, knowingly provided material and misleading false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering a domain name used in connection with the online location, or in maintaining or renewing such registration.'.

SEC. 3. AMENDMENT TO TITLE 17, UNITED STATES CODE.

Section 504(c)(2) of title 17, United States Code, is amended by adding at the end the following new sentence: `In a case of infringement occurring at or in connection with an online location, the infringement shall be considered to be willful for purposes of this paragraph where the copyright owner sustains the burden of proving, and the court finds, that the infringer or a person acting in concert with the infringer knowingly provided material and misleading false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering a domain name used in connection with the online location, or in maintaining or renewing such registration. For purposes of the preceding sentence, the term `domain name' has the meaning given that term in section 45 of the Act entitled `An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes' approved July 5, 1946 (commonly referred to as the `Trademark Act of 1946'; 15 U.S.C. 1127).'.

SEC. 4. AMENDMENT TO TITLE 18, UNITED STATES CODE.

Section 3559 of title 18, United States Code, is amended by adding at the end the following:

`(f) Sentencing Enhancement for Falsification Relating to Domain Names in Connection With Offenses- The maximum imprisonment otherwise provided by law for a felony offense shall be increased by 7 years if, in furtherance of that offense, the defendant knowingly provided material and misleading false contact information to a domain name registrar, domain name registry, or other domain name registration authority in connection with a domain name registration. For purposes of this subsection, the term `domain name' has the meaning given that term in section 45 of the Act entitled `An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes', approved July 5, 1946 (commonly referred to as the `Trademark Act of 1946'; 15 U.S.C. 1127).'.

Yes (at least for now it qualifies as an authentic address), but you have to use your real name and phone number. I guess you could get a 2nd line or a voice mail account to comply with that.

sorry kids, the internet is closed for repairs

My contact info is accurate so I'm not worried about it.

haha 7 years what a joke

my contact info points to my hosting company domain came free with my webhosting

damn how do i apply to be the guy that checks them out lol thats gotta be the biggest waste of time.

except for the guy getting pounded in the ass for 7 years...

holy fuck

What fucking banal conduct from a group of "supposed" adults!

They need locking up for their utter stupidity! Fuck their silly laws!

I actually publish USC 2257 bullshit on websites, simpley because it is not unreasonable...

Now... that is being removed and the last server is departing the US. I am not "obligated" to any sodding US laws - tis just too pathetic.

Did they quit teaching conprehension in school nowadays or what??

Read it closer... this is pertaining to the people that are breaking copyright and/or trademark rights violations in connection to fraudulent whois information.

Yes Cold... you CAN use a PO Box.

i'm confused. so does the goverment own domain names? If they dont, how could they enforce it?

Do they own airwaves?

Do they own water?

assed out!

Gemini:

It does not matter the reason... I have no problem either way with WHOIS info... but I sure ain't going to be "obliged" because the US government decides I should be - I don't live under the Section 504(c)(2) of title 17, United States Code.

Most of rest of the world has "values of freedom" and stays out of your face.

I have a bunch of domains using private registrations... I think its the only way to go if you care about your privacy.

how gay... how fucking gay

Has that one not been revoked yet, yay you still have 1 freedom! wooooooooooooo

Tis amazing shit! The media is fucked... the place is lied to on a daily basis (sorry.. not lied... more "decieved" - they are smarter than to lie outright), there are more fucked up laws than any country on the planet (and more in jail because of it) - it's a joke!

All the bullshit with VISA is another example - the only country in the world that accepted some corporation's "rules" on "how it will be". It is amazing someone ain't shot the lot of em!!

What the fuck happened to your freedoms US?? It used to be sane!

jimboc:

I suppose I'm lucky... I anticipated bullshit years back and structured stuff to suit - and it sadly seems to be turning out true. Tis sad to look in and see the crap and also surprising people "accept" it.

I got LOADS more freedom now!!

Webby... just so! YOU don't have to sweat the US Law. Oz will make their own real soon now. Just watch. ;-) THEN you will have to worry about it. All the Western Countries will adopt the same or very similar laws pertaining to the net.

This one just closes a loophole in the trademark and copyrighht laws (They are INTERNATIONAL Treaties btw). They should have passed these years ago.

Now the Hun won't have to do more than tell the US Authorities if someone breaks his trademark and he will get the domain at least pulled. Before he might have to spend serious money to gight in a civil court. Now it might be a criminal situation.

But again the law (as it reads in that quote from the propsed bill) pertains ONLY to people with false info that are ALSO commiting fraud.

As it stands and will still stand in the normal false info case, they will give you a chance to fix it and then take the domain/s away if you don't.

At least they're cracking down on the real problems that are bringing this country down!

On the face of it, if you have nothing to hide, there is no reason not to provide the correct information and it is crazy that crooked webmasters are allowed anonymity that makes it harder for their victims to seek redress.

But the next time some local politico wants to grab himself some headlines, what's to stop him trawling WHOIS for webmasters to prosecute? Anyone remember the old ZMaster ban list or notice that CE Cash's DVD rental program has a whole list of zipcodes to which they will not deliver:
https://www.urentdvds.com/zipcodes.html

You can bet all those places have laws someone could resurrect to grab some pre-election publicity. I hope that when (because it will surely happen sooner rather than later) domain registration does require valid information, there will also be privacy provisions.

WTF part of canada do you live in ? Fairytaleville ?

Healthcare is dead in canada. Many hospitals go on strike ( this means if you chop your finger off, it may be free but you might wait 3 days to get it sewed back on, most likely losing your finger in the meantime )

Free housing ?? Huh we have never had social housing or any other sort of free housing program..

Free money ?? Send me the address to the free money store please..

Canada is a cleaner bigger america nothing more nothing less.

Gemini:

Oz?? *g* Na.. I've chosen better than Oz!

I agree.. there is nothing wrong with clamping down on violations of copyright, but I can't see many "civilized" countries actually thinking of imposing seven (?) year jail sentences on anyone for some WHOIS info when they already have enough on the books to lock em up for copyright violations anyway!! They heading for a 40 year jail term? :-)

Other thing is... not that I'd screw anyone over on their copyright, - there are many countries which do not take copyright laws seriously - they show a "face" to them and nothing more. It is only the "civilized world/high tax regime countries" which jump up and down over this. I suppose it's them who have a problem.

*g* I sat and watched a movie on TV the other night ... at the end, up pops this notice "Report duplications of this video to the FBI" :-) Fuck me.. the TV stations are showing ripped off videos next!

On US laws.. na.. I have little against stuff like 2257 - the US is the only country that has this and it is not unreasonable. But hell.. I ain't giving a shit about WHOIS info next! :-)

yup

jayeff:

Yup!! ZMaster is a prime example!!

For those who "gave in" to VISA US and opened their legs by submitting a load of info to VISA for "recognition" - this simply enables the DOJ to sit at a computer and press buttons to print obscenity indictments off without having to leave the office.

They can have access to all website financial information, membership lists, card numbers and addresses to send the paperwork to. Makes life simple and sweet for a prosecutor! :-)

7 years? wtf This is gotta be the second dumbest bill ever.
Right after DWARF TOSSING bill
http://www.ontla.on.ca/documents/Bil...on4/b097_e.htm

don't mean shit
all anyone has to do is find out who is paying the hosting bill for that domain, and you have them.

just wanted to see how long this bullshit would go on.

sumphatpimp:

Who pays a hosting bill is not "evidence" of copyright violation but probably leads em up the right garden path if this is within the US.

But hell.. it won't be long when it's a "felony" to type your name wrong on a WHOIS. BTW.. did you know it is also a "felony" to lie to the USPS? Bollocks!!

Webby... this law is just an attempt to restructure the exisiting law/s into a more workable unit. The way they are written, the net is very vague if its mentioned at all.

On the 7yrs? Hmmm, there is no way to explain it to y'all simply... When I worked for a VERY large Union, they had me all over the country for training. Two of the main places were Washington DC and their HUGE training center in Maryland...

A large part of that training was reading historical as well as current bills and their passage-movements thru the government. The 7 years is a wishful thinking number of one of the sponsors of the bill and is no more than a 'placeholder'. As the bill is refined such things will get changed. Most change quite a few times.

After several hundred hours of reading this sort of thing (yeah I got PAID for it and paid VERY well I might add lol) I had at least a very basic understanding of what is a very complicated set of procedures they go thru. (Actually I refer to them as nightmares since they seemed to have seriously OVER complicated things in the last 40-50 yrs with no real justification to do so)

I've used all the real information on my domains for 5 years without any problems - but then I'm not trying to pull of any scams or hide who I am or what I'm doing.

Like you have to have a physical address to get a post office box. No big deal unless you're trying to scam people or break the law.

I can't think of anything else you have to register that you can use Mickey Mouse in Ozzieland for a name and get away with it.

So - since it's meant to help curb that sort of shit - which hurts the industry anyway, I'm all for it.

Gemini:

Sure! Understand! The problem with a proliferation of laws is they are then open to abuse (as many have been). They are used by some bright, but "ambitious" people to further their own ends - and also by governments of the day with a popular political agenda.

I seriously doubt the majority of folks in GFY have sat in court defending obscenity indictments. They are not that easy to defend especially on what is currently shown on the net. It does not necessarily mean what is "obscene" to you or I is the "norm".

The more information given to any "authorities" about the inner workings/financial data of, for example, adult websites, simply "enables" the possible "abuse" by others. (Assuming this is something that should not be stamped on anyway - whoever decides that? *s*)

I think I'd have a serious problem if I was in the adult biz within the US. One simple case.... a video distributor in California sold, at the "encouragement" of USPS officials, to send tapes to Utah, ended up with their biz pulled apart and "confiscated" (I'm talking many millions), and the owner thrown in jail for a fair term. We are not talking snuff movies etc - "normal" porn.

I understand the "angle" used to capture the guy in the video case is still in force at this time and probably a nice way to handle net prosecutions. (It relates more to the transmission of material by cable over state lines tho).

The adult biz is too popular for prosecutors who wish to play politics :-) Very little has happened relating to prosecutions in the adult biz for years. These things come in cycles and I know of several "adult" attorneys who are awaiting the day. I have little doubt if and when they do strike - it may probably be "en masse" and designed to put the shit up a lot of webmasters who have no clue that they committed these "grave" acts :-)

We have deliberately chosen and operate from a country where this problem does not exist. The rule is "obey the laws of the country where you stay". I've seen a good few folks end up in a jail cell for what was, in fact, *very* little, but "points of law" and in some instances, blatant lying by the odd investigator.

Gemini:

*g* Just an odd comment for a US attorney specializing in the adult biz. His "opinion" for what it's worth is... show a girl giving a blowjob and the guy with his hand on her head - he's got a problem with that on the basis it *may* be forced :-)

Hell.. I doubt this is "uncommon" on material all over the net - tis too easy! :-)

Gemini: since when has the designed purpose of a law stopped the US government from using it to whatever means it will work for? how many "terroists" have actually been arrested under the patriot act ?

and all you canadians: don't they have "political persecution" immigration laws in canada ? wonder how many people will be fleeing the US in years to come ...

berg.the.red:

Mmm... it's started already as far as I can see! We have seven US families buying land from us to "escape". Some for "simpler" reasons.. ie.. just to bring their children up in a better environment etc, but the majority are aware of the problems.