I wanted to share a concern I have with a potential piece of new litigation sponsored by Senator Olympia Snowe and cosponsored by Senators Bill Nelson and Ted Stevens. The Anti-Phishing Consumer Protection Act (APCPA), which is being publicly supported by the Coalition Against Domain Name Abuse (CADNA), sounds like a consumer and business friendly Act, but I have a concern about an implication of some of the language that makes up the bill.
The goal of the bill is to protect consumers from “phishing,” defined as an “attempt to criminally and fraudulently acquire sensitive information, such as usernames, passwords and credit card details, by masquerading as a trustworthy entity in an electronic communication.” While this is something we would all like to see stopped, I believe some language in the bill may be detrimental to generic domain owners.
According to CADNA’s press release, part of the APCPA aims to address the “practice of using deceptive Web site domain names, which appear confusingly similar to well-known businesses’ Web site addresses, and may be used to facilitate phishing attacks and deceptive spam attacks, or to divert consumers from their intended online destinations to Web sites peddling unrelated or objectionable goods and services, including those harmful to minors.”
I am concerned that this is (more…)