
On Friday last week, California Governor Arnold Schwarzenegger signed the Anti-Phishing Act of 2005 into law. The first-of-its-kind bill makes Internet phishing a punishable offense. The new law will permit victims to seek recovery of actual damages or up to $500,000 for each violation, whichever is greater. Under the Anti-Phishing Act, any attempt “to solicit, request or take any action to induce another person” to divulge personal information on the Internet via “a Web page, electronic mail message or any other electronic means” while representing oneself as a business without the permission or authority of that business is a civil violation. The new law seeks to protect personal information, such as bank account numbers, driver’s license records, and Social Security numbers. It also covers automated and electronic signatures, account passwords, unique biometric data, and “any other piece of information that can be used to access an individual’s financial accounts or to obtain goods or services.”