News Room: SB 1411: Criminal E-personation

Once just a cruel joke, assuming another person’s identity on the Internet and fabricating an e-mail or Facebook account, is no longer a laughing matter.

A state law effective Jan. 1, authored by Sen. Joe Simitian, D-Palo Alto, makes online impersonation, when it seeks to harm someone, illegal.

“As a Silicon Valley legislator, I’m nothing but enthusiastic about technology. But the question is, is the technology used wisely and appropriately?” Simitian said this week. “This (‘e-personation’) is one area where some constraint appeared necessary.”

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With the start of the new year, maliciously impersonating someone online – with a phony Facebook page or e-mails apparently sent from their account – isn’t just a cruel prank anymore. It’s a crime. Senate Bill 1411, authored by State Senator Joe Simitian (D-Palo Alto), becomes law January 1, updating California’s 19th century impersonation law to the Internet age. read more ...

Maliciously impersonating someone online – out of revenge, or jealousy, or a twisted sense of humor -- isn’t just a cruel game anymore. It’s a crime. California’s 19th century impersonation law was updated to protect victims of e-personation yesterday when Gov. Arnold Schwarzenegger signed legislation, authored by State Senator Joe Simitian (D-Palo Alto). Senate Bill 1411 makes it a misdemeanor to impersonate someone online with intent to harm, intimidate, threaten or defraud. read more ...

The California Legislature has taken an important step toward protecting victims of online impersonation, or e-personation, by passing Senate Bill 1411, authored by State Senator Joe Simitian (D-Palo Alto). The bill would make it a misdemeanor to maliciously impersonate another person online. read more ...

Two months ago, a reporter received a profanity-laced e-mail critical of one of her stories. The sender appeared to be Carl Guardino, the chief executive of the Silicon Valley Leadership Group. He hadn’t sent the e-mail. Guardino was the victim of online impersonation. He soon found out he wasn’t alone - friends, colleagues and relatives had stories of usurped identities and tarnished reputations.

The state law on impersonation is not equipped to deal with the digital age. But a bill making its way through the Legislature is looking to change that. Inspired by Guardino’s story, state Sen. Joe Simitian, D-Palo Alto, introduced a bill in June that would make it a misdemeanor to maliciously impersonate someone.

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A San Jose Mercury News editorial called for online impersonation to be made illegal

Impersonating someone with the intent to harm, intimidate, threaten or defraud is illegal in California — except when it’s done online. Existing state law, written in 1872, didn’t anticipate the existence of Facebook, MySpace or a host of other Internet sites that unintentionally created new ways to harm innocent victims.

State Sen. Joe Simitian has a solution. His SB 1411 would make it a misdemeanor to maliciously impersonate another person online. The Legislature should pass the Palo Alto Democrat’s bill, and Gov. Arnold Schwarzenegger should sign into law legal protections against online abuse.

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An oped article by Sen. Joe Simitian in the Santa Cruz Sentinel:
On the Internet, it’s easy to be someone else. You can set up a fake page on Facebook or MySpace; you can assume an identity on Twitter; you can appropriate someone else’s name when you create an e-mail account.

As the Internet provides new opportunities for mischief, or worse, state law must provide new protections. I have introduced Senate Bill 1411 to make it a misdemeanor to impersonate someone on the Internet if the intention is to harm, intimidate, threaten or deceive them. In addition, victims would gain the right to sue their tormenters.

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The California State Senate took a step last week toward protecting victims of online impersonation by passing Senate Bill 1411, authored by State Senator Joe Simitian (D-Palo Alto), which would make it a misdemeanor to maliciously impersonate another person online. read more ...

KUCI host Mari Frank interviews California State Senator Joe Simitian on his 2010 privacy legislation. read more ...