New Law That Makes Online Impersonation Now Illega

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EmptyTimCup

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Reputation Managers Applauds New Law That Makes Online Impersonation Now Illegal in The Golden State Thanks to California SB-1411


Del Mar, CA (PRWEB) January 15, 2011

Reputation Managers is beyond pleased with the groundbreaking victory for business and online protection advocates in the state of California, where SB-1411 became law on Saturday, January 1, 2011. This new law takes bold steps to prevent people from impersonating others on the Internet by making it a misdemeanor to fraudulently state your identity online. SB-1411 will allow for significant ramifications in the world of online reputation management.

The bill, which makes impersonation a misdemeanor crime punishable by a $1000 fine and up to a year in jail to "knowingly and without consent credibly [impersonate] another actual person through or on an Internet Web site or by other electronic means, as specified, for purposes of harming, intimidating, threatening, or defrauding another person," was introduced nearly one full year ago by State Senator Joe Simitian (D-Palo Alto).

Social media and blogging are both ubiquitous and painfully new, and this bill helps bring order to the typically lawless frontier of the Internet. One of the most difficult aspects of online reputation management (ORM) is the ease with which any individual with access to a computer can, with a single keystroke, destroy the reputations of individuals and businesses alike.
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WinXP Newsletter commantary;

California was one of the most active states when it came to creating new laws. One of those that directly impacts Internet users is SB-1411, which makes it a misdemeanor to fraudulently identify yourself online.
Reputation Managers Applauds New Law That Makes Online Impersonation Now Illegal in The Golden State Thanks to California SB-1411

Such a law could have had nightmarish unintended consequences if not done properly. Think about the grandmotherly old lady who creates a Facebook page for her dog or cat, or the man or woman whose spouse calls and asks him/her to send an email from the spouse's account because said spouse doesn't have access to a computer. A badly written law could have inadvertently made those people criminals. Luckily, those who wrote the California law were very specific, and made the law applicable to those who impersonate someone else without consent. Does grandma have the dog's permission? It doesn't matter, because the statute goes further and specifies that to fall under the law, the impersonation must be "for purposes of harming, intimidating, threatening or defrauding another person." It also must be a "credible" impersonation. Whew! Grandma is probably safe, since no one really thought the Pomeranian was typing all those profound status updates.
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Gilligan

Gilligan

#*! boat!
PREMO Member
uh oh. I wonder if MD has a similar initiative in the works. I sure hope not. I'll never be able to pick up wimmins on the interwebz ever again if I have to tell the troofs.
 
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philibusters

Active Member
I had somebody who impersonated my niece (she was 17 years old at the time). They got convicted under Delaware law (not sure what the statute was) got a criminal conviction and $500 fine.
 
vraiblonde

vraiblonde

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philibusters said:
I had somebody who impersonated my niece (she was 17 years old at the time). They got convicted under Delaware law (not sure what the statute was) got a criminal conviction and $500 fine.
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:clap:

I like this law. In fact, I thought it was already against the law to impersonate someone else on the internet. A fictional character is one thing - Tigger, or the Dwarves, or Sam Spade for example. But impersonating a real person or business to try and defame them should get you the chair.
 
cattitude

cattitude

My Sweetest Boy
vraiblonde said:
:clap:

I like this law. In fact, I thought it was already against the law to impersonate someone else on the internet. A fictional character is one thing - Tigger, or the Dwarves, or Sam Spade for example. But impersonating a real person or business to try and defame them should get you the chair.
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:yay:
 
aps45819

aps45819

24/7 Single Dad
vraiblonde said:
I like this law. In fact, I thought it was already against the law to impersonate someone else on the internet. A fictional character is one thing - Tigger, or the Dwarves, or Sam Spade for example. But impersonating a real person or business to try and defame them should get you the chair.
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How would this effect police impersonating minors to trap child predators?
 
vraiblonde

vraiblonde

Board Mommy
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aps45819 said:
How would this effect police impersonating minors to trap child predators?
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They're not impersonating anyone specific nor are they doing it to defame anyone. Not to mention that it's for the purpose of law enforcement. Has nothing to do with this law, any more than some woman sending out an email on behalf of her husband does.
 
kwillia

kwillia

n/a
Dear MJ, I guess this means you best be deleting that kwillia facebook account you created.... 'bout dayum time... :cussing:
 
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philibusters

Active Member
aps45819 said:
How would this effect police impersonating minors to trap child predators?
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I think Vrai is correct.

They would be in violation of the law if they went into a chat room and pretended to be you. Because they would be impersonating you.

However, if they are pretending to be a fictional person, they likely would not be violating the law (though to confirm I would have to read the statute).

If the police are taking real people's names and pretending to be them in chat room trying to lure children, they you probably should be able to stop the police from doing that.
 
Baja28

Baja28

Obama destroyed America
vraiblonde said:
:clap:

I like this law. In fact, I thought it was already against the law to impersonate someone else on the internet. A fictional character is one thing - Tigger, or the Dwarves, or Sam Spade for example. But impersonating a real person or business to try and defame them should get you the chair.
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Right, I'm a genius! :jet:
 
Tilted

Tilted

..
philibusters said:
I think Vrai is correct.

They would be in violation of the law if they went into a chat room and pretended to be you. Because they would be impersonating you.

However, if they are pretending to be a fictional person, they likely would not be violating the law (though to confirm I would have to read the statute).

If the police are taking real people's names and pretending to be them in chat room trying to lure children, they you probably should be able to stop the police from doing that.
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That's right. A violation of § 528.5(a) would require that the object of the impersonation be an "actual person". It would also require that the would-be violator "knowingly and without consent credibly impersonate[d]" that actual person and, further, that they did so "for purposes of harming, intimidating, threatening, or defrauding another person."

So, if I were to, say, register on somd.com with the screen name 'Daniel Snyder', and then proceed to make sarcastic comments about how Mr. Snyder runs the Washington Redskins - comments that were pretty clearly not actually coming from Daniel Snyder - then there probably wouldn't be a violation.

Perhaps the most important part of this law is that it explicitly creates a civil cause of action whereby subjects of impersonation (as well as other injured parties) can sue for compensatory damages and injunctive relief.
 
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