Congressman Lamar Smith 21st district of Texas

Contact: Christopher Chichester 202-225-4236

Washington, May 12, 2004 - The “Whois Database” is a compilation of Internet domain names, such as “com” or “org.” The database records contain pertinent ownership information about the domain names, including the identity of and contact information for the domain name’s owner.

Several problems can arise if access to this database is unavailable, restricted, limited, or if the information is incomplete. For example, a consumer might be unable to verify the source of goods sold through a website, the FTC would face an additional hurdle in tracking down scam artists, the DOJ would have a harder time locating spammers, and the enforcement of intellectual property rights would be frustrated.

To penalize those who abuse the “Whois” database by submitting false information, H.R. 3754 clarifies that “willful” misconduct – the intentional false submission of information to a domain name authority – will subject the transgressor to additional civil penalties under the Lanham Act and the Copyright Act. The bill also increases prison sentences for violators under title 18 of the U.S. Code.

The bill does not impact anonymous free speech since the additional penalties it imposes only apply if a crime or infringement has already occurred. The bill does not impose any penalty when someone simply enters false Whois information for any reason, including online activists, whistleblowers, and others interested on anonymous online speech.

H.R. 3754 has evolved in a bipartisan manner. I will offer a clarifying amendment at the appropriate time and I urge members to support it and the underlying bill.

I yield back the balance of my time.