The ACLU, EFF, ALA, CDT and PK have jointly criticised the proposed Fraudulent Online Identity Sanctions Act:

"... we write to express our concern that this bill will penalize and potentially jail Americans who seek only to protect their privacy and right to anonymous free speech online...

... The WHOIS database requires that individual Internet users, when they register domain names, make their names, home addresses, home phone numbers, and home email addresses available to the world, with no privacy protections. Users covered by this requirement include human rights activists, corporate whistleblowers seeking to avoid retribution, and ordinary Americans seeking to avoid spam, stalking or identity theft. As long as WHOIS lacks safeguards to protect their privacy and security these users will feel compelled to place inaccurate data in the database for reasons that have nothing to do with the furtherance of illegal activity.

However, HR 3754 would... create a presumption that inaccurately registered WHOIS data represents evidence of malicious intent... would make violations of copyright or trademark in conjunction with an inaccurately resistered domain "wilful," carrying the highest penalties, even if the activity were otherwise innocent...

... Under current law, the author of an anonymous web log who innocently quotes a portion of a news article that a judge later considers to be too long to qualify for "fair use" would be an "innocent infringer" and subject to reduced statutory damages. Under HR 3754 the same "blogger" would face damages up to $150,000 and potential criminal liability...

...Domain name holders who submit inaccurate WHOIS data: 1) on the basis of bona fide concerns with privacy, or 2) to protect their legitimate rights to anonymous free speech, should not be branded criminals."