[registrars] [ssac] Fw: H.R. 3754 Domain Name Fraud (fwd)

[Rick Wesson]

FYI

-rick


> Copyright 2004 National Journal Group, Inc.
> National Journal's Technology Daily
>
> PM Edition
>
> April 2, 2004 Friday
>
> HEADLINE: FRAUD:
>
> BILL-NO:
> H.R. 3754
>
> BODY:
> A House Judiciary subcommittee on Wednesday approved legislation
> that would impose strict civil and criminal penalties on
> individuals who register fraudulent contact information on the
> Internet. The bill, H.R. 3754, passed the Subcommittee on
> Courts, the Internet and Intellectual Property by voice vote.
> The bill amends a 1946 trademark law to include repeat federal
> criminals who willfully register false contact information when
> obtaining Internet domain names. Registrars of domains currently
> must collect and make public the contact information of those
> registering under rules from the Internet Corporation for
> Assigned Names and Numbers (ICANN), which has been criticized
> for failing to reduce the amount of inaccurate "Whois"
> information. The panel did not adopt suggestions from witnesses
> at a recent hearing to extend the law to registrars. A committee
> aide said they could not find a "good way" to address the issue,
> despite frustration with registrars voiced by lawmakers.
>
>
> ***********************
> FULL TEXT OF BILLS
>
>
> 108th CONGRESS, 2ND SESSION
> IN THE HOUSE OF REPRESENTATIVES
> AS INTRODUCED IN THE HOUSE
>
>
> H. R. 3754
>
>
> 2004 H.R. 3754; 108 H.R. 3754
>
> SYNOPSIS:
> A bill to provide additional civil and criminal remedies for domain name
> fraud
>
> DATE OF INTRODUCTION: February 03, 2004
>
>
> SPONSOR(S):
> Sponsor and Cosponsors as of 02/04/2004
> SMITH, LAMAR S (R-TX) - Sponsor
> BERMAN, HOWARD L (D-CA)- Cosponsor
>
>
> TEXT:
> HR 3754 IH
>
>                               108th CONGRESS
>
>                                 2d Session
>
>                                 H. R. 3754
>
> To provide additional civil and criminal remedies for domain name fraud.
>
> --------------------------------------------------------------------------
-
>
>                       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).".
>
>
>
> SUBJECT:  TRADEMARKS (90%); SENTENCING (78%); LITIGATION (78%);
>
> LOAD-DATE: February 4, 2004
>
>
>