Phishing

Phishing is a crime that has become an increasing problem due to the rise of the internet and sophisticated techniques employed by cyber criminals to extract personal and financial information. Phishing legislation is a response by lawmakers to curtail and impose penalties for cyber criminals engaging in this activity. Anti-phishing legislation was touted to be in operation by the end of 2005.

The Legislation was the result of the increased concern by US citizens over reported cases of identity theft. This prompted the lawmakers at federal and state level to introduce id theft legislation that would assist lawmakers to file charges and impose penalties for phishing and credit card fraud.

The Phishing legislation defines Phishing as the practice whereby the fraudsters send spam emails, use popup messages or direct individuals to a third party website for the express purposes of extracting personal details for intended unauthorized use. This can include the unauthorized purchase of goods and services or the use of someone's personal details for the purpose of conducting illegal activity or crimes.

In the year 2005, identity theft legislation bills were introduced in 15 states but were enacted in only 10. The fifteen states were: Arizona, Arkansas, California, Colorado, Florida, Hawaii, Massachusetts, Minnesota, New Mexico, New York, Pennsylvania, Rhode Island, Texas, Virginia and Washington.

In the year 2006, phishing legislation was introduced in twelve states and was enacted in seven of them. The seven states were: Hawaii, Connecticut, New York, Louisiana, Oklahoma, Utah and Tennessee.

In the year 2007, the phishing legislation bill has been introduced in at least six states. These states were Connecticut, Illinois, Montana, New Jersey, New York, and Pennsylvania.

In Connecticut, the legislation provides the Attorney General with the authority to investigate cases of e-mail phishing, identity theft and credit card fraud. In Illinois, the anti- phishing legislation has made an amendment to the Consumer Fraud and Deceptive Business Practices Act. Accordingly, the credit bureaus have to obtain written consent from the electronic service subscriber before his/her personal information can be released. It also states the act of obtaining personal information through the internet is illegal.

The legislation also provides for civil and criminal penalties and is designed to protect the consumer and discourage unlawful behavior for potential perpetrators of cyber crimes. As the internet becomes increasingly complex, working groups have formed in response to more elaborate scams. It can be anticipated in the years to come that lawmakers will need to stay responsive to stay on top of cyber crime.

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