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TheDomains.com

Online Impersonation Is Now Illegal In California Punishable By 1 Year In Jail

January 5, 2011 by Michael Berkens

Beginning on January 1, 2011 it became illegal in California for anyone to impersonate someone else online.

According to  Senate Bill 1411, it is now illegal to “knowingly and without consent credibly impersonate another actual person through or on an Internet Web site… for purposes of harming, intimidating, threatening, or defrauding another person.”

Here is the law:

(a) Notwithstanding any other provision of law, any person who knowingly and without consent credibly impersonates another actual person through or on an Internet Web site or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person is guilty of a public offense punishable pursuant to subdivision (d).

(b) For purposes of this section, an impersonation is credible if another person would reasonably believe, or did reasonably believe, that the defendant was or is the person who was impersonated.

(c) For purposes of this section, “electronic means” shall include opening an e-mail account or an account or profile on a social networking Internet Web site in another person’s name.

(d) A violation of subdivision (a) is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and
imprisonment.

(e) In addition to any other civil remedy available, a person who suffers damage or loss by reason of a violation of subdivision (a) may bring a civil action against the violator for compensatory damages and injunctive relief or other equitable relief pursuant to paragraphs (1), (2), (4), and (5) of subdivision (e) and subdivision

(f) This section shall not preclude prosecution under any other law.

This would apply to setting up a Facebook or Twitter account purporting to be another person, email accounts, or blogs or websites.

Filed Under: Legal

About Michael Berkens

Michael Berkens, Esq. is the founder and Editor-in-Chief of TheDomains.com. Michael is also the co-founder of Worldwide Media Inc. which sold around 70K domain to Godaddy.com in December 2015 and now owns around 8K domain names . Michael was also one of the 5 Judges selected for the the Verisign 30th Anniversary .Com contest.

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Comments

  1. Mike says

    January 5, 2011 at 9:28 pm

    They dont have enough jail space.

  2. TheBigLieSociety says

    January 5, 2011 at 10:24 pm

    Wonder how that impacts the highly-trained GuvMent Spooks and “Psych.OPS” players who…

    1. Register Domain names in people’s names
    2. At people’s houses
    3. Using those people’s credit cards

    Then, create chaos (mayhem) for the person who has no idea some strange business is being run in THEIR NAME. Like maybe a porn business?

    And, the Reputation DNS gets filled with all the details of course.

    THEN, when The.Real.Person tries to play in (let’s say for example) the ICANN Top Level Domain Name Game, they are told, “we don’t want your kind here”.
    Really ? Why ? (well…look at all the domains you own…UDRPs….etc)

    All sponsored by your highly trained GuvMent Spooks who RUN the Registry!!!
    …who laugh all the way to the bank

  3. todaro says

    January 5, 2011 at 10:45 pm

    as the world goes awry we must look to the politicians to save us. god bless us all… everyone.

  4. Louise says

    January 6, 2011 at 12:24 am

    California is usually ahead of the curve. Next, New York, Connecticut.

  5. TheBigLieSociety says

    January 6, 2011 at 12:56 am

    “All this was inspired by the principle—which is quite true in itself–that in the big lie there is always a certain force of credibility; because the broad masses of a nation are always more easily corrupted in the deeper strata of their emotional nature than consciously or voluntarily; and thus in the primitive simplicity of their minds they more readily fall victims to the big lie than the small lie, since they themselves often tell small lies in little matters but would be ashamed to resort to large-scale falsehoods. It would never come into their heads to fabricate colossal untruths, and they would not believe that others could have the impudence to distort the truth so infamously.”

  6. Joe Cool says

    January 6, 2011 at 2:01 am

    Would the real John Smith please come forward and claim johnsmith.com

    LMFAO…. another state that is in a state of confusion on how the Internet works.

    States the State.

  7. jp says

    January 6, 2011 at 3:57 am

    So how about opening up fake gmail accounts for making lowball domain offers? Are you intending to harm the seller with a fake identity?

  8. LS Morgan says

    January 6, 2011 at 4:47 am

    “So how about opening up fake gmail accounts for making lowball domain offers? Are you intending to harm the seller with a fake identity?”

    What “actual person” are you impersonating when you do this?

  9. jp says

    January 6, 2011 at 6:17 am

    A fictitious person however a fictitious person with a motive right?

  10. MHB says

    January 6, 2011 at 8:09 am

    JP/LS

    Outside of the law

  11. Joey Starkey says

    January 6, 2011 at 8:19 am

    Is there anything that isn’t illegal anymore?

    They will make a law up for anything.

    Guy got arrested for hacking his wifes email.

    Better build a few more jails.

  12. lanndon white says

    January 6, 2011 at 1:57 pm

    Same ole,

    Is Louise a Government Spook?

  13. MHB says

    January 6, 2011 at 5:06 pm

    Update

    Apple is already using this law to go after a Twitter account holder:

    http://techcrunch.com/2011/01/06/apple-twitter/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Techcrunch+%28TechCrunch%29

  14. did you know that Afternic also has a forum? says

    January 7, 2011 at 8:37 am

    so, now, I can’t be Bill Gates online 🙁

  15. lanndon white says

    January 7, 2011 at 6:35 pm

    @ did you know that Afternic also has a forum?

    So, now, I can’t be Bill Gates online 🙁
    ===============================

    No, But you could be JEFF K …

    seeing he is not around anymore 🙂


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