Details From the Anti-Phishing Act of 2005
by HNS Staff - Wednesday, 05 October 2005.
California is the first US state to pass anti phishing laws. Finally someone went a step further in, at least, trying to create a more secure cyberspace. Here are some of the most important snippets from the Anti-Phishing Act of 2005 :

22948.2. It shall be unlawful for any person, by means of a Web

page, electronic mail message, or otherwise through use of the

Internet, to solicit, request, or take any action to induce another

person to provide identifying information by representing itself to

be a business without the authority or approval of the business.

22948.3. (a) The following persons may bring an action against a

person who violates or is in violation of Section 22948.2:

(1) A person who (A) is engaged in the business of providing

Internet access service to the public, owns a Web page, or owns a

trademark, and (B) is adversely affected by a violation of Section

22948.2.

An action brought under this paragraph may seek to recover the

greater of actual damages or five hundred thousand dollars

($500,000).

(2) An individual who is adversely affected by a violation of

Section 22948.2 may bring an action, but only against a person who

has directly violated Section 22948.2.

An action brought under this paragraph may seek to enjoin further

violations of Section 22948.2 and to recover the greater of three

times the amount of actual damages or five thousand dollars ($5,000)

per violation.

(b) The Attorney General or a district attorney may bring an

action against a person who violates or is in violation of Section

22948.2 to enjoin further violations of Section 22948.2 and to

recover a civil penalty of up to two thousand five hundred dollars

($2,500) per violation.

(c) In an action pursuant to this section, a court may, in

addition, do either or both of the following:

(1) Increase the recoverable damages to an amount up to three

times the damages otherwise recoverable under subdivision (a) in

cases in which the defendant has engaged in a pattern and practice of

violating Section 22948.2.

(2) Award costs of suit and reasonable attorney's fees to a

prevailing plaintiff.

(d) The remedies provided in this section do not preclude the

seeking of remedies, including criminal remedies, under any other

applicable provision of law.

(e) For purposes of paragraph (1) of subdivision (a), multiple

violations of Section 22948.2 resulting from any single action or

conduct shall constitute one violation.

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