BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1411
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          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  








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          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  








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            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  








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          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
           








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            Opposition 
           
          None on file


           Analysis Prepared by  :    Thomas Clark / JUD. / (916) 319-2334