1.Short
title; table of contents
(a)This Act may be cited
as the Anti-Phishing Consumer
Protection Act of 2008
or the APCPA
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of
contents.
Sec. 2. Findings.
Sec. 3. Phishing; related deceptive practices.
Sec. 4. Civil actions by certain aggrieved parties.
Sec. 5. Federal trade commission and other agency
enforcement.
Sec. 6. Penalties for fraud and related activity in connection
with manipulation of e-mail and website information.
Sec. 7. Effect on other laws.
Sec. 8. Separability.
Sec. 9. Definitions.
Sec. 10. Effective date.
2.Congress finds the following:
(1)Phishing is a
method of online identity theft that takes the form of fraudulent e-mails or
fake websites in order to deceive the recipient into giving personal or
financial account information.
(2)Phishing e-mails
are becoming more sophisticated by having malicious spyware attachments that
once opened covertly record the keystrokes and passwords of computer users, or
install malware software.
(3)Approximately
59,000,000 phishing e-mails are sent a day, and as many as 10,000,000 fake
messages are opened per day by recipients.
(4)According to
Gartner, Inc., between August 2006 and August 2007, roughly 3,500,000 United
States computer users were victims of phishing scams, and suffered losses
totaling $3,200,000,000.
(5)The Anti-Phishing
Working Group found that in November 2007, there were over 28,000 unique
phishing reports received, which is an 8 percent increase from the year
before.
(6)The United States
is consistently 1 of the top 3 countries that host the most phishing websites.
In November 2007, the United States hosted approximately 24 percent of phishing
websites.
(7)A form of
phishing known as Spear Phishing
targets companies and
government agencies to gain unauthorized access to their computer systems in
order to steal financial information, trade secrets, or even top secret
military information.
(8)Both the Internal
Revenue Service and the Federal Trade Commission have alerted taxpayers and
consumers about phishing scams in which e-mails purporting to come from these
agencies have—
(A)been sent to
fraudulently solicit information from recipients; or
(B)contained spyware
attachments.
(9)Phishing
operators utilize deceptive domain names for their schemes. They routinely
register domain names that mimic the addresses of well-known online merchants,
and then set up websites that can fool consumers into releasing personal and
financial information.
(10)Phishing and
other forms of identity theft continue to have a detrimental effect on
e-commerce by eroding consumers' confidence in online transactions. According
to a 2007 Javelin Strategy & Research study, 80 percent of Internet users
are concerned about being victims of online identity theft.
(11)For small
businesses that want to establish an online presence, phishing schemes can
permanently undermine their ability to acquire the critical trust from
consumers that is necessary with e-commerce.
(12)Deceptive domain
names, and the abuses for which they are used, threaten the integrity of domain
name system. Businesses, small and large, rely upon the integrity of the domain
name registration to ensure that their brands aren’t misrepresented. The World
Intellectual Property Organization reported in April 2007, that the number of
Internet domain name cybersquatting disputes increased 25 percent in
2006.
(13)A 2006 Zogby
Interactive poll found that 78 percent of small business owners polled stated
that a less reliable Internet would damage their business.
(14)The Organization
for Economic Co-operation and Development has stated businesses that
provide false contact information can undermine the online experience of a
consumer that decides to conduct a WHOIS search about the
business.
.
(15)WHOIS databases
provide a crucial tool for businesses, the Federal Trade Commission, and other
law enforcement agencies to track down brand infringement, online fraud,
identity theft, and other online illegal activity, but are often hindered in
their pursuit because the person responsible is hiding behind the anonymity of
false registration information.
3.Phishing;
related deceptive practices
(a)Phishing;
deceptive solicitations of identifying information
(1)It is unlawful for any person to solicit identifying
information from a protected computer if—
(A)the identifying
information is solicited by means of false or fraudulent pretenses or
misleading representations that the solicitation is being requested by, or made
on behalf of, a government office, nonprofit organization, business, or other
entity; and
(B)such person has
actual knowledge, or knowledge fairly implied on the basis of objective
circumstances, that its representations would be likely to mislead a computer
user, acting reasonably under the circumstances, about a material fact
regarding the solicitation of the identifying information (consistent with the
criteria used in enforcement of section 5 of the Federal Trade Commission Act
(15 U.S.C. 45)).
(2)For purposes of paragraph (1)(A), a person that does
not have the authority, express or implied, to make statements on behalf of a
government office, nonprofit organization, business, or other entity purported
to be represented shall be considered to be in violation of such paragraph
(1)(A) for having false or fraudulent pretenses or making misleading
representations.
(3)Cybersquatted
domain namesIt is unlawful for any person to use a domain name
that is in violation of section 43 of the Trademark Act of 1946 (15 U.S.C.
1125), to solicit identifying information from a protected computer in
violation of paragraph (1).
(b)Deceptive or
misleading domain names
(1)It is unlawful for any person to use a domain name in an
electronic mail message, an instant message, or in connection with the display
of a webpage or an advertisement on a webpage, if—
(A)such domain name
is or contains the identical name or brand name of, or is confusingly similar
to the name or brand name of a government office, nonprofit organization,
business, or other entity;
(B)such person has
actual knowledge, or knowledge fairly implied on the basis of objective
circumstances, that the domain name would be likely to mislead a computer user,
acting reasonably under the circumstances, about a material fact regarding the
contents of such electronic mail message, instant message, webpage, or
advertisement (consistent with the criteria used in enforcement of section 5 of
the Federal Trade Commission Act (15 U.S.C. 45)).
(2)Circumstances
factoring into knowledge determinationIn determining whether a
person meets the requirement established under paragraph (1)(B), the Commission
shall consider circumstances such as the—
(A)trademark or
other intellectual property rights of a person, if any, in the domain
name;
(B)extent to which
the domain name consists of the legal name of the person or a name that is
otherwise commonly used to identify that person;
(C)person’s prior
use, if any, of the domain name in connection with the bona fide offering of
any goods or services;
(D)person’s bona
fide noncommercial use of the domain name or fair use of a mark in a website
accessible under the domain name;
(E)person’s intent
to divert consumers from the brand name or trademark owner’s online location to
a website accessible under the domain name that could harm the goodwill
represented by the brand name or the trademark, either for commercial gain or
with the intent to tarnish or disparage the trademark, by creating a likelihood
of confusion as to the source, sponsorship, affiliation, or endorsement of the
website;
(F)person’s offer to
transfer, sell, or otherwise assign the domain name to the brand name or
trademark owner or any third party for financial gain without having used, or
having an intent to use, the domain name in the bona fide offering of any goods
or services, or the person’s prior conduct indicating a pattern of such
conduct;
(G)person’s—
(i)provision of
material and misleading false contact information when applying for the
registration of the domain name;
(ii)intentional
failure to maintain accurate contact information; or
(iii)prior conduct
indicating a pattern of such conduct; and
(H)person’s
registration or acquisition of multiple domain names which the person knows are
identical or confusingly similar to brand names or trademarks of others that
are distinctive at the time of registration of such domain names, or damaging
to the brand name or dilutive of famous trademarks of others that are famous at
the time of registration of such domain names, without regard to the goods or
services of the parties.
(c)WHOIS database
information accuracy
(1)Domain name
registrants engaged in commercial activitiesIt is unlawful for
the registrant of a domain name used in any commercial activity to register
such domain name in any WHOIS database or with any other domain name
registration authority with false or misleading identifying information,
including the registrant's name, physical address, telephone number, facsimile
number, or electronic mail address.
(2)Domain name
registrars, registries and other authoritiesIt is unlawful for a
domain name registrar, registry or other domain name authority, directly or
indirectly, via proxy or any other method, to replace or materially alter the
contents of, or to shield, mask, block, or otherwise restrict access to, any
domain name registrant's name, physical address, telephone number, facsimile
number, electronic mail address, or other identifying information in any WHOIS
database or any other database of a domain name registration authority if such
registrar, registry, or domain name authority has received written notice,
including via facsimile or electronic mail at such entity's facsimile number or
electronic mail address of record, that the use of such domain name is in
violation of any provision of this Act.
4.Civil actions by
certain aggrieved parties
(a)
(1)In any case in which the attorney general of a State, or
an official or agency of a State, has reason to believe that an interest of the
residents of that State has been or is threatened or adversely affected by any
person who violates this Act, the attorney general, official, or agency of the
State, as parens patriae, may bring a civil action on behalf of the residents
of the State in a district court of the United States of appropriate
jurisdiction to—
(A)enjoin further
violation of this Act by that person;
(B)enforce
compliance with this Act; or
(C)obtain civil
penalties or damages on behalf of the residents of the State.
(2)
(A)Before filing an action under this section, the attorney
general of the State involved shall provide to the Federal Trade
Commission—
(i)a
written notice of that action; and
(ii)a
copy of the complaint for that action.
(B)Subparagraph
(A) shall not apply with respect to the filing of an action by an attorney
general of a State under this section, if the attorney general of a State
determines that it is not feasible to provide the notice described in
subparagraph (A) before the filing of the action.
(C)Notification
when practicableIn an action described under subparagraph (B),
the attorney general of a State shall provide the written notice and the copy
of the complaint to the Federal Trade Commission as soon after the filing of
the complaint as practicable.
(3)Federal trade
commission authorityUpon receiving notice under paragraph (2),
the Federal Trade Commission shall have the right to—
(A)move to stay the
action, pending the final disposition of a pending Federal proceeding or action
as described in paragraph (4);
(B)intervene in an
action brought under paragraph (1); and
(C)file petitions
for appeal.
(4)If the Federal Trade Commission has instituted a
proceeding or civil action for a violation of this Act, no attorney general of
a State may, during the pendency of such proceeding or civil action, bring an
action under this section against any defendant named in such civil action for
any violation that is alleged in that civil action.
(5)For purposes of bringing any civil action under
paragraph (1), nothing in this Act shall be construed to prevent an attorney
general of a State from exercising the powers conferred on the attorney general
by the laws of that State to—
(A)conduct
investigations;
(B)administer oaths
and affirmations; or
(C)compel the
attendance of witnesses or the production of documentary and other
evidence.
(6)Venue; service
of process
(A)Any
action brought under this section may be brought in the district court of the
United States that meets applicable requirements relating to venue under
section 1391 of title 28, United States Code.
(B)In an action brought under this subsection process may be
served in any district in which the defendant—
(i)is
an inhabitant; or
(ii)may be
found.
(b)Actions by
interactive computer serviceAn interactive computer service
adversely affected by a violation of this Act may bring a civil action in any
district court of the United States with jurisdiction over the person who
committed such violation to—
(1)enjoin further
violation of this Act by that person;
(2)enforce
compliance with this Act;
(3)recover damages
for any monetary loss incurred by the interactive computer service as result of
such violation; or
(4)obtain such
further and other relief as the court may deem appropriate, including punitive
damages if the court determines that the defendant committed the violation
willfully and knowingly.
(c)Actions by
owners of trademarkAny
person who is the owner of a trademark that is used or otherwise involved in
the commission of a violation of this Act may bring a civil action in any
district court of the United States with jurisdiction over the person who
committed such violation to—
(1)enjoin further
violation of this Act by that person;
(2)enforce
compliance with this Act;
(3)recover damages
for any monetary loss incurred by such owner as result of such violation;
or
(4)obtain such
further and other relief as the court may deem appropriate, including punitive
damages if the court determines that the defendant committed the violation
willfully and knowingly.
5.Federal trade
commission and other agency enforcement
(a)Violation is
unfair or deceptive Act or practiceExcept as provided in
subsection (b), this Act shall be enforced by the Commission as if the
violation of this Act were an unfair or deceptive act or practice proscribed
under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(b)Enforcement by
certain other agenciesCompliance with this Act shall be
enforced—
(1)under section 8
of the Federal Deposit Insurance Act (12 U.S.C. 1818), in the case of—
(A)national banks,
Federal branches, and Federal agencies of foreign banks, by the Office of the
Comptroller of the Currency;
(B)member banks of
the Federal Reserve System (other than national banks), branches and agencies
of foreign banks (other than Federal branches, Federal agencies, and insured
State branches of foreign banks), commercial lending companies owned or
controlled by foreign banks, organizations operating under section 25 or 25A of
the Federal Reserve Act (12 U.S.C. 601 and 611), and bank holding companies, by
the Board;
(C)banks insured by
the Federal Deposit Insurance Corporation (other than members of the Federal
Reserve System) and insured State branches of foreign banks, by the Board of
Directors of the Federal Deposit Insurance Corporation; and
(D)savings
associations the deposits of which are insured by the Federal Deposit Insurance
Corporation, by the Director of the Office of Thrift Supervision;
(2)under the Federal
Credit Union Act (12 U.S.C. 1751 et seq.) by the Board of the National Credit
Union Administration with respect to any federally insured credit union;
(3)under the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) by the Securities and
Exchange Commission with respect to any broker or dealer;
(4)under the
Investment Company Act of 1940 (15 U.S.C. 80a–1 et seq.) by the Securities and
Exchange Commission with respect to investment companies;
(5)under the
Investment Advisers Act of 1940 (15 U.S.C. 80b–1 et seq.) by the Securities and
Exchange Commission with respect to investment advisers registered under that
Act;
(6)under State
insurance law in the case of any person engaged in providing insurance, by the
applicable State insurance authority of the State in which the person is
domiciled, subject to section 104 of the Gramm-Bliley-Leach Act (15 U.S.C.
6701), except that in any State in which the State insurance authority elects
not to exercise this power, the enforcement authority pursuant to this Act
shall be exercised by the Commission in accordance with subsection (a);
(7)under part A of
subtitle VII of title 49, United States Code, by the Secretary of
Transportation with respect to any air carrier or foreign air carrier subject
to that part;
(8)under the Packers
and Stockyards Act, 1921 (7 U.S.C. 181 et seq.) (except as provided in section
406 of that Act (7 U.S.C. 226, 227)), by the Secretary of Agriculture with
respect to any activities subject to that Act;
(9)under the Farm
Credit Act of 1971 (12 U.S.C. 2001 et seq.) by the Farm Credit Administration
with respect to any Federal land bank, Federal land bank association, Federal
intermediate credit bank, or production credit association; and
(10)under the
Communications Act of 1934 (47 U.S.C. 151 et seq.) by the Federal
Communications Commission with respect to any person subject to the provisions
of that Act.
(c)Exercise of
certain powersFor the purpose of the exercise by any agency
referred to in subsection (b) of its powers under any Act referred to in that
subsection, a violation of this Act is deemed to be a violation of a Federal
Trade Commission trade regulation rule. In addition to its powers under any
provision of law specifically referred to in subsection (b), each of the
agencies referred to in that subsection may exercise, for the purpose of
enforcing compliance with any requirement imposed under this Act, any other
authority conferred on it by law.
(d)Actions by the
commissionThe Commission shall prevent any person from violating
this Act in the same manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a
part of this Act. Any entity that violates any provision of that subtitle is
subject to the penalties and entitled to the privileges and immunities provided
in the Federal Trade Commission Act in the same manner, by the same means, and
with the same jurisdiction, power, and duties as though all applicable terms
and provisions of the Federal Trade Commission Act were incorporated into and
made a part of that subtitle.
(e)Availability of
cease and desist orders and injunctive relief without showing of
knowledgeNotwithstanding any other provision of this Act, in any
proceeding or action pursuant to subsection (a), (b), (c), or (d) of this
section to enforce compliance, through an order to cease and desist or an
injunction, with the provisions of section 3, neither the Commission nor the
Federal Communications Commission shall be required to allege or prove the
state of mind required by such section or subparagraph.
(f)
(1)In any case in which the attorney general of a State, or
an official or agency of a State, has reason to believe that an interest of the
residents of that State has been or is threatened or adversely affected by any
person who violates the provisions of section 3, or who engages in a pattern or
practice that violates the provisions of section 3, the attorney general,
official, or agency of the State, as parens patriae, may bring a civil action
on behalf of the residents of the State in a district court of the United
States of appropriate jurisdiction—
(A)to enjoin further
violation of section 3 of this Act by the defendant; or
(B)to obtain damages
on behalf of residents of the State, in an amount equal to the greater
of—
(i)the
actual monetary loss suffered by such residents; or
(ii)the amount
determined under paragraph (3).
(2)Availability of
injunctive relief without showing of knowledgeNotwithstanding
any other provision of this Act, in a civil action under paragraph (1)(A), the
attorney general, official, or agency of the State shall not be required to
allege or prove the state of mind required by section 3.
(3)
(A)For purposes of paragraph (1)(B)(ii), the amount
determined under this paragraph is the amount calculated by multiplying the
number of violations by up to $250.
(B)For
any violation of section 3, the amount determined under subparagraph (A) may
not exceed $2,000,000.
(C)The court may increase a damage award to an amount equal
to not more than 3 times the amount otherwise available under this paragraph
if—
(i)the
court determines that the defendant committed the violation willfully and
knowingly; or
(ii)the defendant's
unlawful activity included a violation of section 3(a)(3).
(D)In assessing damages under subparagraph (A), the court
may consider whether—
(i)the
defendant has established and implemented, with due care, commercially
reasonable practices and procedures designed to effectively prevent such
violations; or
(ii)the violation
occurred despite commercially reasonable efforts to maintain compliance the
practices and procedures to which reference is made in clause (i).
(4)In the case of any successful action under paragraph (1),
the court, in its discretion, may award the costs of the action and reasonable
attorney fees to the State.
(5)Rights of
Federal regulatorsThe State shall serve prior written notice of
any action under paragraph (1) upon the Federal Trade Commission or the
appropriate Federal regulator determined under subsection (b) and provide the
Commission or appropriate Federal regulator with a copy of its complaint,
except in any case in which such prior notice is not feasible, in which case
the State shall serve such notice immediately upon instituting such action. The
Federal Trade Commission or appropriate Federal regulator shall have the
right—
(A)to intervene in
the action;
(B)upon so
intervening, to be heard on all matters arising therein;
(C)to remove the
action to the appropriate United States district court; and
(D)to file petitions
for appeal.
(6)For
purposes of bringing any civil action under paragraph (1), nothing in this Act
shall be construed to prevent an attorney general of a State from exercising
the powers conferred on the attorney general by the laws of that State
to—
(A)conduct
investigations;
(B)administer oaths
or affirmations; or
(C)compel the
attendance of witnesses or the production of documentary and other
evidence.
(7)Venue; service
of process
(A)Any
action brought under paragraph (1) may be brought in the district court of the
United States that meets applicable requirements relating to venue under
section 1391 of title 28, United States Code.
(B)In an action brought under paragraph (1), process may be
served in any district in which the defendant—
(i)is
an inhabitant; or
(ii)maintains a
physical place of business.
(8)Limitation on
State action while Federal action is pendingIf the Commission,
or other appropriate Federal agency under subsection (b), has instituted a
civil action or an administrative action for violation of this Act, no State
attorney general, or official or agency of a State, may bring an action under
this subsection during the pendency of that action against any defendant named
in the complaint of the Commission or the other agency for any violation of
this Act alleged in the complaint.
(9)Requisite
scienter for certain civil actionsExcept as provided in this
section, in a civil action brought by a State attorney general, or an official
or agency of a State, to recover monetary damages for a violation of this Act,
the court shall not grant the relief sought unless the attorney general,
official, or agency establishes that the defendant acted with actual knowledge,
or knowledge fairly implied on the basis of objective circumstances, of the act
or omission that constitutes the violation.
6.Penalties for
fraud and related activity in connection with manipulation of e-mail and
website information
(a)Chapter 47 of title
18, United States Code, is amended by inserting after section 1030 the
following:
1030A.Fraud and
related activity in connection with manipulation of e-mail and website
information
(a)Whoever
knowingly, and with the intent to defraud, displays, or procures the display to
the general public of a webpage or domain name that falsely or deceptively
represents itself as another’s business and uses that website or domain name to
induce, request, ask, or solicit any person to transmit, submit, or provide any
means of identification to another shall be fined under this title, imprisoned
not more than 5 years, or both.
(b)Whoever
knowingly, and with the intent to defraud, initiates or sends an electronic
mail message or instant message that falsely or deceptively represents itself
as another’s business and uses that message to induce, request, ask, or solicit
the recipient, directly or indirectly, to provide, submit, or relate any means
of identification to another shall be fined under this title, imprisoned not
more than 5 years, or both.
(c)Whoever
attempts to commit an offense under subsection (a) or (b) shall be subject to
the same penalties as those prescribed in the offense under such
subsection.
(d)This
section does not prohibit any lawfully authorized investigative, protective, or
intelligence activity of a law enforcement agency of the United States, a
State, or a political subdivision of a State, or of an intelligence agency of
the United
States.
.
(b)Conforming
amendment to chapter analysisThe chapter analysis for chapter 47
of title 18, United States Code, is amended by inserting after the item for
section 1030 the following new item:
1030A. Fraud and related activity in
connection with manipulation of email and website
information.
.
7.
(a)
(1)Rule of
construction relating to Federal criminal lawNothing in this Act
shall be construed to impair the enforcement of any section of title 18, United
States Code, or any other Federal criminal statute.
(2)rule of
construction relating to FTC ActNothing in this Act shall be
construed to affect in any way the Commission's authority to bring enforcement
actions under the Federal Trade Commission Act for materially false or
deceptive representations or unfair practices on the Internet.
(b)
(1)Except as set forth under paragraph (2), with respect to
State criminal statutes, the provisions of this Act shall supersede any
statute, regulation, or rule of a State or political subdivision of a State
that prohibits the solicitation of identifying information by means of
materially false or deceptive representations or the use of deceptive or
misleading domain names in the manner prohibited in this Act.
(2)State criminal
phishing statutes
(A)Preempted if
inconsistentThis Act shall not be construed as superseding,
altering, or affecting any criminal statute in effect in any State with regard
to acts of phishing, except to the extent that such State statute is
inconsistent with the provisions this Act, and then only to the extent of the
inconsistency.
(B)Greater
protection under State lawFor purposes of this section, a State
criminal statute is not inconsistent with the provisions of this Act, if the
State criminal statute affords greater protection to State residents than the
protection provided under this Act.
8.If any provision of this Act or the
application thereof to any person or circumstance is held invalid, the
remainder of this Act and the application of such provision to other persons or
circumstances shall not be affected.
9.In this Act, the following definitions shall
apply:
(1)The
term Commission means the Federal Trade Commission.
(2)The term domain name means any alphanumeric
designation which is registered with or assigned by any domain name registrar,
domain name registry, or other domain name registration authority as part of an
electronic address on the Internet.
(3)The term
electronic mail address means a destination, commonly expressed as
a string of characters, consisting of a unique user name or mailbox (commonly
referred to as the local part
) and a reference to an Internet
domain (commonly referred to as the domain part
), whether or not
displayed, to which an electronic mail message can be sent or delivered.
(4)The term electronic mail message means a
message sent to a unique electronic mail address.
(5)The term identifying information means
any information that can be used in combination with a person’s name and
address to access an individual’s financial accounts or to purchase goods and
services, including an individual’s Social Security number, driver’s license
number, or other State government identification number, financial account
number, credit or debit card number, personal identification number, unique
biometric data, automated or electronic signature, or financial account
password.
(6)The
term initiate has the meaning given that term in section 3 of the
CAN–SPAM Act of 2003 (15 U.S.C. 7702).
(7)The term instant message means any
communication between 1 person and another person made in real-time using the
Internet.
(8)Interactive
computer serviceThe term interactive computer
service has the meaning given that term in section 230(f) of the
Communications Act of 1934 (47 U.S.C. 230(f)).
(9)The
term Internet has the meaning given that term in the Internet Tax
Freedom Act (47 U.S.C. 151 note).
(10)The term Internet access service has
the meaning given that term in section 231(e)(4) of the Communications Act of
1934 (47 U.S.C. 231(e)(4)).
(11)Internet
information location toolThe term Internet information
location tool has the meaning given that term in section 231 of the
Communications Act of 1934 (47 U.S.C. 231).
(12)The
term recipient has the meaning given that term in section 3 of the
CAN–SPAM Act of 2003 (15 U.S.C. 7702).
(13)The
term registrant
means the person that controls the usernames or
passwords, billing options, and administrative features of a domain
name.
(14)The
term webpage means a location, with respect to the World Wide Web,
that has a—
(A)single Uniform
Resource Locator; or
(B)single location
with respect to the Internet, as such location may be prescribed by the Federal
Trade Commission.
(15)The
term website means a collection of webpages that are presented and
made available by means of the World Wide Web as a single website or webpage
with a—
(A)common domain
name; or
(B)common ownership,
management, or registration.
(16)The term WHOIS database
means any
Internet service used to query—
(A)contact
information about the registrant of a domain name; or
(B)ownership
information about a registered domain name or IP address.
10.This Act, and any
amendments made by this Act, shall take effect on the date that is 90 days
after the date of enactment of this Act.