BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1411|
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THIRD READING
Bill No: SB 1411
Author: Simitian (D)
Amended: 5/11/10
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/13/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE JUDICIARY COMMITTEE : 4-0, 4/20/10
AYES: Corbett, Harman, Hancock, Leno
NO VOTE RECORDED: Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Impersonation: Internet
SOURCE : Author
DIGEST : This bill creates a new misdemeanor for when a
person knowingly and without consent credibly impersonates
another actual person on the Internet, or other electronic
means in order to harm, intimidate, threaten, or defraud
another person. This bill also provides that an aggrieved
party may bring a civil action against the violator for
compensatory damages and injunctive relief or equitable
relief.
ANALYSIS : Existing law provides that any person who
falsely personates another person is guilty of an alternate
CONTINUED
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felony-misdemeanor. False personation involves
intentionally assuming the identity of another person where
it is likely that the person whose identity was assumed
could become liable to criminal prosecution or a lawsuit,
or be subject to a debt or penalty. The crime is also
committed where the defendant intentionally assumed the
identity of another person under circumstances where a
benefit "might accrue" to the defendant or any other
person. (Section 529 of the Penal Code)
Existing law provides that one also commits false
personation where he/she assumes the identity of another
person to (1) become a bail or surety for any party, or (2)
verify, publish, acknowledge, or prove any written
instrument, with the intent that the writing be recorded,
delivered, or used as true. (Section 529 of the Penal
Code)
Existing law provides that it is an alternate
felony-misdemeanor for a person to willfully obtain the
personal identifying information, as defined, of another
person and to use such information to obtain, or attempt to
obtain, credit, goods, or services in the name of the other
person without consent. (Section 530.5(a) of the Penal
Code)
Existing law, the California Political Cyberfraud Abatement
Act, provides that it is unlawful for a person, with intent
to mislead, deceive, or defraud, to commit an act of
political cyberfraud. "Political cyberfraud" is defined as
an act concerning a political Web site of a statewide
ballot measure that is committed with intent to do one of
the following: (1) deny a person access to a political Web
site, (2) deny a person the opportunity to register a
domain name for a political Web site, or (3) cause a person
reasonably to believe that a political Web site has been
posted by a person other than the person who posted the Web
site. (Section 18320 et seq. of the Elections Code)
Existing federal law, the Controlling the Assault of
Non-Solicited Pornography And Marketing (CAN-SPAM) Act,
preempts state law on unsolicited e-mail transmissions,
except for cases that involve fraud or misleading messages.
(Public Law 108-187)
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Existing state law (Section 17529 et seq. of the Business
and Professions Code) defines what constitutes an illegal
commercial e-mail advertisement sent from or to California
and provides specified remedies.
Existing law provides that violation of the CAN-SPAM Act is
a misdemeanor. (Section 17529.5 of the Business and
Professions Code)
Existing law, the Anti-Phishing Act of 2005, makes it
unlawful for any person, by means of a Web page, electronic
mail message, or otherwise through use of the Internet, to
solicit, request, or take any action to induce another
person to provide identifying information by representing
itself to be a business without the authority or approval
of the business (Section 22948.2 of the Business and
Professions Code). Existing law further provides that
specified persons who are adversely affected by a violation
of the Anti-Phishing law may bring an action for damages
against the violator (Section 22948.3, subd. (a)(2) of the
Business and Professions Code). Existing law also provides
that the Attorney General or a district attorney may bring
an action for civil penalties and injunctive relief against
a person who violates the anti-phishing law. (Section
22948.3, subd. (b) of the Business and Professions Code)
This bill creates a new misdemeanor for when a person
knowingly and without consent credibly impersonates another
actual person on the Internet, or other electronic means in
order to harm, intimidate, threaten, or defraud another
person.
This bill defines "electronic means" to include opening an
e-mail account or an account or a profile on a social
networking Internet Web site in another person's name.
This bill provides that an impersonation is credible where
another person would reasonably believe, or did reasonably
believe, that the defendant was or is the person who was
impersonated.
This bill provides that a violation of this bill is
punishable by a fine not exceeding $10,000, or by
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imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment.
This bill provides that in addition to any other civil
remedy available, an aggrieved party who suffers damage or
loss by reason of a violation of this bill may bring a
civil action against the violator for compensatory damages
and injunctive relief or other equitable relief.
This bill specifies that the above provisions do not
preclude prosecution under any other law.
Comments
The author states: "Existing law addressing false
impersonation was written in 1872 without the modern
technologies of today in mind. SB 1411 would expand upon
existing statute by making it a crime to falsely
impersonate another person through or on an Internet Web
site or by other electronic means. As our reliance on the
Internet to rapidly access, collect and disseminate
information increases, many opportunities for abuse have
and will present themselves. The victims of such
harassment and defamation as a result of false
impersonation perpetrated through the Internet are
typically left without adequate legal protection to stop
this abuse. SB 1411 will rectify this problem by expanding
the current false impersonation statute to include
impersonation done on an Internet Web site or through other
electronic means such as email, Facebook, Twitter, and
other social media websites."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/18/10)
California Peace Officers' Association
California State Sheriffs' Association
Crime Victims United of California
ARGUMENTS IN SUPPORT : According to the author, "Existing
law addressing impersonation was written in 1872, without
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the modern technologies of today in mind. As our reliance
on the internet increases, many opportunities for abuse
have and will present themselves. On the Internet, it's
easy to be someone else. You can set up a fake page on
Facebook or MySpace; assume an identity on Twitter; or
appropriate a name when you create an email account. This
can all be accomplished free-of-charge and in a matter
minutes, or even seconds. The victims of harassment and
defamation as a result of such impersonation perpetrated
through the Internet are typically left without adequate
legal protection to stop this abuse. SB 1411 will rectify
this problem by expanding the current impersonation statute
to include impersonation done on an Internet Web site or
through other electronic means such as email, Facebook,
Twitter, and other social media websites."
RJG:mw 5/18/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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