States
Gov. Gary Herbert (R) signed the Utah E-Commerce Integrity Act (SB-26). It raises damages limits against cybersquatters and lets trademark owners also sue affiliates that enable cybersquatting. Phishing and pharming are defined as third-degree felonies in the law, which lets…
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registrars and ISPs remove website content involved in fraudulent activities. Mimicking federal copyright law, the bill allows for damages up to $150,000 per phishing or pharming violation, and up to $1 million total for use of spyware. The Coalition Against Domain Name Abuse praised the new law and said Congress should follow Utah’s lead by updating 1999’s Anticybersquatting Consumer Protection Act, which the group called “outdated.” E-commerce group NetChoice, which has often found itself at odds with Internet-related Utah laws, praised the law. “In the 1600s Salem found ways to go after witches — without banning all use of brooms,” said Executive Director Steve DelBianco. “Same goes for the Utah legislature, in the way they're going after bad online conduct -- without regulating legitimate use of the Internet."