WASHINGTON, March 31, 2010 — The Coalition Against Domain Name Abuse (CADNA) enthusiastically supports the Utah E-Commerce Integrity Act that was signed into law by Governor Gary Herbert on March 26, 2010. CADNA applauds the bill’s sponsor, Sen. Stephen Urquhart (R-UT 29th District), for his leadership and vision, which made this law a reality. The Utah E-Commerce Integrity Act meaningfully improves protections for consumers and businesses in Utah against online fraud and will serve as a model for legislative action in other state legislatures and in the United States Congress.
“Utah is leading the way on cleaning up the Internet and making it a safer place for consumers and businesses,” said CADNA president Josh Bourne. “We owe Senator Urquhart and Governor Herbert many thanks. Their pioneering work will mark the start of a process that will bring similar protections to all Americans.”
The Utah E-Commerce Integrity Act increases the damages for which a cybersquatter can be sued and extends penalties to allow trademark owners to sue “affiliates” that enable cybersquatters to operate. It also addresses phishing and pharming by permitting registrars and Internet service providers to remove or disable Web site content involved in fraudulent activities; defining phishing and pharming as third-degree felonies; allowing for either actual damages or rewards of up to $150,000 per violation in related civil suits; and permitting $1 million in penalties for the use of spyware.
“This law creates the tools brand owners need to protect their consumers and their trademarks on the Internet, but only in Utah,” Bourne continued. “The United States Congress must now take the lead to ensure that people throughout the nation are better protected from cybercriminals. The 1999 Anticybersquatting Consumer Protection Act (ACPA) was intended to serve this purpose but is outdated and must be reviewed.”