BILL ANALYSIS SB 1411 Page 1 Date of Hearing: June 29, 2010 ASSEMBLY COMMITTEE ON JUDICIARY Mike Feuer, Chair SB 1411 (Simitian) - As Amended: May 11, 2010 PROPOSED CONSENT SENATE VOTE : 35-0 SUBJECT : Impersonation: Internet KEY ISSUE : Should a person who falsely impersonates another on the Internet in order to cause harm, intimidate, threaten, or defraud another person be guilty of a misdemeanor and subject to civil actions? FISCAL EFFECT : As currently in print this bill is keyed fiscal. SYNOPSIS This bill makes it a misdemeanor for a person to knowingly and credibly impersonate another actual person over the Internet, or through other electronic means, for the purposes of harming, intimidating, threatening, or defrauding another person. In addition, this bill would allow the person who is harmed, intimidated, threatened, or defrauded to bring a civil action for damages and other forms of relief against the person who commits the false impersonation. The existing law of false impersonation is generally seen as crime against the person who is falsely impersonated and, as a result of the false impersonation, is subjected to a lawsuit, criminal prosecution, or some other harm, charge, penalty, or liability. This bill, however, would protect not only the person falsely impersonated, but also the person who is the target of the false impersonation over the Internet or through other electronic means. This bill is supported by several law enforcement groups, the Privacy Rights Clearinghouse, and Crime Victims United of California. There is no known opposition to this bill, and the bill has not received any negative votes in any committee of floor vote thus far. SUMMARY : Creates a new misdemeanor when a person knowingly impersonates another actual person on the Internet in order to SB 1411 Page 2 cause harm, intimidate, threaten, or defraud another person. Permits a person harmed by the impersonation to bring a civil action, as specified. Specifically, this bill : 1)Provides that 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 by a fine not exceeding $1000, or by imprisonment in a county jail not exceeding one year, or both that fine and imprisonment. 2)Provides that an impersonation described above is "credible" if another person would reasonably believe, or did reasonably believe, that the defendant was or is the person who was impersonated. 3)Defines "electronic means" to include opening an e-mail account or an account or profile on a social networking Internet Web site in another person's name. 4)Provides that, in addition to any other remedy available, a person who suffers damage or loss by reason of a violation of this bill's provisions may bring a civil action against the violator for compensatory damages and injunctive relief or other equitable relief, as specified. EXISTING LAW : 1)Provides that a person who falsely impersonates another is punishable by a fine not exceeding $10,000, or by imprisonment in state prison, or in a county jail not exceeding one year, or by both such fine and imprisonment. Includes within the behavior that constitutes false impersonation any act that, if done by the person falsely impersonated, would make that person subject to a lawsuit or criminal prosecution, or to pay any sum of money, or to incur any charge, forfeiture, or penalty, or whereby any benefit might accrue to the party impersonating. (Penal Code Section 529.) 2)Provides that any person who falsely impersonates another, and in such assumed character receives money or property, knowing that it is intended to be delivered to the person impersonated, with the intent to convert the same to his own or another, is punishable in the same manner and to the same SB 1411 Page 3 extent as for larceny of the money or property so received. (Penal Code Section 530.) 3)Provides that any person who obtains the personal identifying information of another without authorization of that person, and uses that information for an unlawful purpose, including to obtain credit, goods, or services in the name of the impersonated person, shall be punished either by imprisonment in a county jail not to exceed one year, a fine not to exceed $1,000, or both that imprisonment or fine, or by imprisonment in state prison, a fine not to exceed $10,000, or both that imprisonment and fine. (Penal Code Section 530.5.) COMMENTS : According to the author, "current law addressing false impersonation was written in 1872 without the modern technologies of today in mind." This bill seeks to ensure that the expanded opportunities and means of false impersonation created by the Internet and social networking sites will be adequately addressed by law. Citing recent high profile cases in which people have pretended to be someone else on the Internet, via e-mail, or on social networking sites with the intent to harass, intimidate, or cause emotional distress to other persons, in some case with quite tragic results. The author, therefore, believes that it is imperative to clarify that using the Internet or other electronic means for the purpose of harming, intimidating, threatening, or defrauding another person is a misdemeanor and may subject the impersonator to civil actions brought by the person harmed. The Bill Does More Than Update the False Impersonation Statute . Although the author's background material and statements claim that the bill is updating the law against false impersonation to take account of the Internet, the bill actually does something slightly different. First, it is not altogether clear that the existing law making it a crime to falsely impersonate another not include engaging in this false impersonation over the Internet. The existing law of false impersonation certainly does not expressly exclude acts that might be performed through use of the Internet. The change created by this bill does not so much update the law of false impersonation to include the Internet as it makes the crime one against the target of the false impersonation as well as against the person falsely impersonated. That is, under the existing law of false impersonation, the crime is against the person falsely impersonated. Under this bill, however, the person engaged in SB 1411 Page 4 false impersonation is criminally and civilly liable for harm done to the target of the false impersonation - that is the person whom the false impersonator seeks to harm, intimidate, threaten, or defraud, who is not necessarily the person who is falsely impersonated. Nonetheless, this bill will not only clearly state that it is a crime to falsely impersonate another over the Internet for the stated purposes, it will also provide a civil remedy for persons who are harmed, intimidated, threatened, or defrauded by this impersonation, even if they are not the person impersonated. ARGUMENTS IN SUPPORT : Privacy Rights Clearinghouse (PRC) supports this bill because it will make it a misdemeanor to impersonate another over the Internet with the intent to harm another person, and it will provide "that an aggrieved party may bring a civil action against the violator for compensatory damages and injunctive or equitable relief." PRC notes that current technology "provides many opportunities for abuse through false impersonation" and victims are "typically left without adequate legal protection to stop this abuse." Crime Victims United of California similarly notes that increasing use of the Internet has created increasing opportunities for abuse and that this bill will provide a legal remedy for "victims of harassment and defamation as a result of false impersonation perpetrated through the Internet." The California State Sheriffs' Association (CSSA) and the California Peace Officers Association (CPOA) support this bill because, they believe, "Internet impersonation has become a very serious crime that is happening all too often. SB 1411 takes an important step in protecting people from fraud, harassment, or a stolen identity." REGISTERED SUPPORT / OPPOSITION : Support California Peace Officers' Association California Probation, Parole and Correctional Association California State Sheriffs' Association Crime Victims United of California Los Angeles County District Attorney's Office Privacy Rights Clearinghouse SB 1411 Page 5 Opposition None on file Analysis Prepared by : Thomas Clark / JUD. / (916) 319-2334