Thursday, January 6, 2011

Watch Out!

As of January 1st, 2011, California made it illegal for people to impersonate someone else on the Internet. The bill is known as the Senate Bill 1411 and it includes the following:
  • Those who are "knowingly and without consent credibly" impersonating someone else online, or by "other electronic means" for "purposes of harming, intimidating, threatening, or defrauding another person is guilty of a public offense punishable pursuant" to a $1000 fine and/or a year in jail
  • An impersonation is considered credible if someone else truly believed that the accused was the actual person who was impersonated 
  • In this case, "electronic means" refers to email accounts or Social Networking accounts that are set up in the victim's name
  • If the victim "suffers damage or loss by reason of a violation of subdivision," they have the right to charge the defendant and demand compensation for the damages done
Though SB 1411 does not address matters of free speech, the law does specify that impersonators who are caught must have made it clear that they wanted to harm or defraud the person who they pretended to be. According to Eric Johnstone, a San Francisco lawyer, "[T]he criminal aspect of SB 1411 means that those who impersonate others online will face real-world consequences for their actions."

As someone who spends maybe a little too much time on the Internet, I have never found myself in this sort of situation. However, it is clear that it happens often and that it is a serious enough offense that this bill is now in order. Aside from the concerns regarding freedom of speech (which are most likely going to be discussed further in court), I don't see any other substantial problems with it.
So, beware of impersonators and don't find yourself messing around with friends or strangers! They may just take you seriously.

4 comments:

Michael Nakamura said...

this bill makes pretty good sense. its logical that if someone impersonate someone to hurt another, that person should get punished. its just one of those things you wish the internet wouldnt allow. but now that this bill is up, im sure there will be a substantial reduction in cases like this.

ACatiggay said...

I think that this bill is good and it just protects us a little more. I certainly don't want someone impersonating me or lying to me...

Kathy Shield said...

I don't think that there is a valid argument about restrictions on speech in this new law, though I'm sure it will be brought to court under such a claim. In "real life," it is also illegal to impersonate someone; con men go to jail for just that. It is wonderful that the laws are finally catching up to the internet. Many of the current actions online are deemed legal or illegal by an extremely outdated 1986 law (the Electronic Communications Privacy Act), and I am glad to know new privacy laws are being crafted and passed.

I heard something on NPR yesterday that may be interesting to anyone who is interested by this post:
http://www.kqed.org/a/forum/R201101051000
It's all about the a recent California Supreme Court case giving the police the right to read anything on or accessed by the phone/ device of an arrested person without a warrant (just a subpeona).

Ariana Sacchi said...

I think this is a good bill because there are a lot of people out there who dedicate most of their time, if not all of it, on impersonating others, especially those who impersonate celebrities. If I were a celebrity, I certainly would not want someone impersonating me.