Phishing License?

I just finished my powerpoint presentation for my Interactive Media class about Phishing. In my research to finsh this presentation, I was kind of shocked at what I found out. Phishing, a way for con artists to get peoples personal information like social security numbers, credit card info, and other very important and private information, is NOT illegal. It got me thinking about why or how this could be. I dont understand how something so wrong can not be illegal. The information these phisher's get can and most likely will be used for identity theft. This does not seem morally or legally right at all. Congress is trying to decide if passing a legislation against phishing is violating the First Amendment. I believe that not passing a legislation is violating the First Amemndment. What about the rights of the people who are getting phished? They're whole lives could be on the line, with the key to so much of their lives being wrongfully taken. Who is protecting all these people who have fallen victim to these phishers? Isn't it violating them by not passing laws against the stealing of very important information. This information could be used to do many damaging and harmful things to these peoples reputations, credit, and lives. I think that Congress needs to see that phishing is most definitely wrong and they need to pass laws against it. There needs to be some kind of punishment for phishing!