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Defense against phishing scam charges

Phishing is the attempt to get sensitive information like online data and credit card details, often for malicious reasons, by posing as a legitimate company in an electronic communication. Phishing is fairly easy to do these days. The scammer poses as a bank or a company. He asks the consumer for personal information once the consumer is redirected to the scammers' website. From there the scammer can access the consumer's account details. This can also be termed as identity theft. Spoofing and phishing can be put into the same category. In both cases, the scammer tries to acquire social security numbers, credit card numbers, date of birth, etc.

In 2005 the state of California passed a law to contain phishing. It is unlawful for any person to pose himself as another legitimate entity and ask for personal information. In 2003 the congress passed an act known as Controlling the Act of Non-Solicited Pornography and Marketing act (CAN-SPAM). This was done to deter spamming.

The lawmakers have made an effort, but there still isn't a specific law for phishing. They tried to introduce the Anti-Phishing Act of 2004 and 2005. Both were unsuccessful and eventually dropped. There were severer bills that suggested a prison sentence of five years for phishing. There are no laws that specifically comment on Anti-Phishing. But related laws of identity theft or fraud could be useful in the cases of phishing.

If you are charged with a phishing scam, you need to contact an expert criminal defense attorney. You could also find yourself tried for identity theft or fraud. An attorney might help you create a stronger defense and work to protect your rights.

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