First Anti-Phishing Law Enacted in California
Steve writes "Arnold Schwarzenegger, governor of California, signed a bill yesterday that makes phishing a civil liability. According to MSNBC, the new law is the first of its kind in the country:
"The bill, advanced by state Sen. Kevin Murray, is the first of its kind in the United States and makes 'phishing'... a civil violation.
Victims may seek to recover actual damages or $500,000 for each violation, depending upon which is greater."
This is an expensive penalty for phishers who are litigated against, but do the lack of criminal accountability and the burden of action on the victim hinder the effectiveness of this bill?"
Isn't fraud already illegal? How is using phishing to perform the crime any different?
There doesn't need to be a new law against every method of committing a crime. For instance, do we need a new law specifically forbidding the use of explosives to break into a bank vault? Of course not! Breaking into a bank vault is already illegal; it doesn't matter how you do it.
-Z