Congress Fed Up With WHOIS

WASHINGTON, D.C. – The U.S. government is rallying for legislation that would heighten the penalty for online fraud committed by a person using a website registered under a false name or contact information, particularly through the WhoIs database, which is overseen by the domain registrars.

The bill was drafted by Reps. Lamar Smith (R-Texas) and Howard Berman (D-Calif.) and if passed could add seven years jail time to the current penalty. The law is written in such a way as to give federal prosecutors stronger punch when it comes to pursuing criminal offenses against intellectual property rights.

The two senators drafted the bill in response to a plea from the entertainment and software industries, which in recent years have suffered financial setbacks over the amount of copyrighted material being traded over the Internet for free, the Washington Post reports.

Many attempts to get a handle on fraudulent distribution channels have proven useless because some domain name registrants found through sites like WhoIs have input false names and contact information.

The WhoIs database is run by domain registrars, and regardless of oversight by Internet Corporation for Assigned Names and Numbers (ICANN), it is often rife with fraud, according to Congress.

Titled the "Fraudulent Online Identity Sanctions Act," the bill is mainly designed for collecting monetary damages from people who falsify their identities in order to distribute stolen content without permission, the Washington Post reports.

But making personal information so readily available to the general Internet community has been a sensitive issue for privacy advocates, particularly when it involves home addresses and telephone numbers, says the Washington Post, which can serve as a gateway for other crimes such as marketing scams and identity theft.

"Because of the way WhoIs is currently structured, there are a lot of reasons why users might submit false information that have nothing to do with copyright infringement," an analyst for the Center for Democracy and Technology (CDT) told the Washington Post.

The CDT is recommending that personal identification information be accessed only by law enforcement officers, the domain registrars, and copyright owners.

But as the bill gets closer to the House of Representatives, ICANN will inevitably be called in for a response. According to reports, ICANN has the power to terminate contracts with domain name holders whose information is found to be inaccurate.

To date, that policy has not been enforced.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Texas Court Orders Adult Site Domain Locked for AV Violations

A district court in Texas has issued a writ requiring domain registry Verisign to “lock” an adult website’s domain over noncompliance with the state’s age verification law.

Adult Web Hosting Service 'QloudHost' Launches

QloudHost, a new web hosting service for adult websites, has launched.

Peter Hooke Launches New Paysite

Peter Hooke has launched an official website through PAYSITE.

Pineapple Support Names Ny Ny Lew as Brand Ambassador

Pineapple Support has named Ny Ny Lew as its newest brand ambassador.

Federal AV Proposal Passes House, Faces Senate Opposition

The U.S. House of Representatives on Monday passed the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law, but the bill still faces tough going in the Senate.

Devin Drills Launches New Paysite

Creator Devin Drills has launched an official website through PAYSITE.

AV Bulletin: Midyear Roundup

Since the U.S. Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. Meanwhile, lawsuits resulting from AV laws have begun to play out in the courts. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Judge Dismisses Last NCOSE-Backed Suit Over Kansas AV Law

A federal judge on Monday dismissed a lawsuit alleging that adult site SuperPorn violated Kansas’ age verification law, citing lack of jurisdiction after similarly dismissing two related cases earlier this year.

ASACP Updates 'Restricted to Adults' Labeling Resource Page

The Association of Sites Advocating Child Protection (ASACP) has updated its Restricted to Adults (RTA) labeling resource page.

Federal AV Proposal Scores Minor Win in House but Remains in Doubt

A newly announced bipartisan agreement in the U.S. House of Representatives Committee on Energy and Commerce may soon bring a proposed federal age verification law before the full House, but the measure continues to face an uphill battle.

Show More