Posted 10:21 AM by Gerald Klaas
I just read an article opining about HR 3754, also known as Fraudulent
Online Identity Sanctions Act, courtesy of Congressman Lamar Smith. It seems the intellectual property lawyers would like to provide penalties of $150,000 or 7 years in jail for providing false information in Whois databases. Read the article all the way through to get to this tidbit from someone responding to an e-mail from a Harley Davidson Intellectual Property lawyer who was proclaiming how useful a reliable database would be to law enforcement (and I presume to IP lawyers seeking civil injunctions)

“Mr Berryhill replied: “Dear Ms. Henslee, I was sitting on my back porch this evening, and someone drove by riding a Harley Davidson motorcycle with a defective exhaust system. My community has strictly enforced noise and smog ordnances, and this person was clearly in violation of the law. I shouted at the rider, whereupon he rode across and damaged my lawn. I would like to bring a trespass against him, but I could not identify him. However, I can identify the make, model, year and colour of the hog. I went to your Web site, and I noticed that Harley Davidson does not include a readily accessible database of warranty registrations or, indeed, any other information that will assist me to identify the violator.

"As you surely can appreciate based on your comments concerning the WHOIS database, your provision of this information would certainly help in bringing this lawbreaker to justice, as well as anyone who uses a Harley Davidson product to violate the law. As I’m sure you’re aware, despite the fine reputation enjoyed by Harley, and my own admiration for your machines, there is an element of the subculture associated with your company’s product which has been known to demonstrate a pattern of unlawful behaviour such as gang activity and drug transportation. Many of them may own more than one motorcycle. So, I’m sure there is considerable demand for this data.

"Since there doesn’t appear to be a convenient database, is there some way that I can arrange to purchase the names, postal addresses, email addresses, and telephone and fax numbers of people who own Harley Davidson motorcycles? If I send the description to you, will you help me identify the owner?" ®