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
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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
SB 1411
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Opposition
None on file
Analysis Prepared by : Thomas Clark / JUD. / (916) 319-2334