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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Anti-phishing Act of 2004''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) American society is increasingly dependent on the
Internet for communications, entertainment, commerce, and
banking.
(2) For the Internet to reach its full potential in these
and other respects, it must continue to be a trustworthy
medium. This means, for example, that Internet users should be
able to trust the stated origin of Internet communications and
the stated destination of Internet hyperlinks.
(3) Internet users are increasingly subjected to scams
based on misleading or false communications that trick the user
into sending money, or trick the user into revealing enough
information to enable various forms of identify theft that
result in financial loss.
(4) One class of such scams, called ''phishing'', uses
false e-mail return addresses, stolen graphics, stylistic
imitation, misleading or disguised hyperlinks, so-called
''social engineering'', and other artifices to trick users into
revealing personally identifiable information. After obtaining
this information, the ''phisher'' then uses the information to
create unlawful identification documents and/or to unlawfully
obtain money or property.
(5) These crimes victimize not only the individuals whose
information is stolen, but the entire online community,
including millions of people who rely on the integrity of the
Internet's system of addresses and hyperlinks.

SEC. 3. CRIMINAL OFFENSE.

(a) In General.--Chapter 63 of title 18, United States Code, is
amended by adding at the end the following:
''Sec. 1351. Internet fraud
''(a) Website.--Whoever knowingly, with the intent to carry on any
activity which would be a Federal or State crime of fraud or identity
theft--
''(1) creates or procures the creation of a website or
domain name that represents itself as a legitimate online
business, without the authority or approval of the registered
owner of the actual website or domain name of the legitimate
online business; and
''(2) 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 or imprisoned up to five years, or
both.
''(b) Messenger.--Whoever knowingly, with the intent to carry on
any activity which would be a Federal or State crime of fraud or
identity theft--
''(1) falsely represents itself as being sent by a
legitimate online business;
''(2) includes an Internet information location tool that
refers or links users to an online location on the World Wide
Web that falsely purports to belong to or be associated with
such legitimate online business; and
''(3) induces, requests, asks, or solicits a recipient of
the electronic mail message directly or indirectly to provide,
submit, or relate any means of identification to another;
shall be fined under this title or imprisoned up to five years, or
both.
''(c) Definitions.--In this section:
''(1) The term 'domain name' has the meaning given that
term in section 46 of the Act entitled 'An Act to provide for
the registration and protection of trade-marks used in
commerce, to carry out the provisions of certain international
conventions, and for other purposes' (in this subsection
referred to as the 'Trademark Act of 1946') (15 U.S.C. 1127).
''(2) The term 'Internet' has the meaning given that term
in section 230(f)(1) of the Communications Act of 1934 (47
U.S.C. 230(f)(1)).
''(3) The term 'electronic mail message' has the meaning
given that term in section 3 of the CAN-SPAM Act of 2003 (15
U.S.C. 7702).
''(4) The term 'initiate' has the meaning given that term
in section 3 of the CAN-SPAM Act of 2003 (15 U.S.C. 7702).
''(5) The term 'procure' means intentionally to pay or
provide consideration to, or induce, another person to create a
website or domain name.
''(6) The term 'recipient' has the meaning given that term
in section 3 of the CAN-SPAM Act of 2003 (15 U.S.C. 7702).
''(7) The term 'Internet information location tool' when
used in this section has the meaning given that term in section
231 of the Communications Act of 1934 (47 U.S.C. 231).
''(8) The term 'means of identification' when used in this
section has the meaning given that term in section 1028 of this
title.''.
(b) Chapter Analysis.--The chapter analysis for chapter 63 of title
18, United States Code, is amended by adding at the end the following:

''1351. Internet fraud''.
Anti-phishing Act of 2004 - Amends the Federal criminal code to criminalize Internet scams involving fraudulently obtaining personal information (phishing).

Imposes a fine or imprisonment for up to five years, or both, for a person who knowingly and with the intent to engage in an activity constituting fraud or identity theft under Federal or State law: (1) creates or procures the creation of a website or domain name that represents itself as a legitimate online business without the authority or approval of the registered owner of such business; and (2) uses that website or domain name to solicit means of identification from any person.

Imposes a fine or imprisonment for up to five years, or both, for a person who knowingly and with the intent to engage in activity constituting fraud or identity theft under Federal or State law: (1) falsely represents itself as being sent by a legitimate online business; (2) includes an Internet location tool referring or linking users to an online location on the World Wide Web that falsely purports to belong to or be associated with a legitimate online business; and (3) solicits means of identification from the recipient.