California bans malicious online impersonation
IDG News Service - A new law makes it illegal in California to maliciously impersonate someone online.
On Monday California Governor Arnold Schwarzenegger signed the law, which makes it a misdemeanor in the state to impersonate someone online for "purposes of harming, intimidating, threatening, or defrauding another person."
The bill's author, State Senator Joe Simitian, said that Senate Bill 1411 brings California's impersonation laws into the 21st century by addressing "the dark side of the social networking revolution."
"Pretending to be someone else online takes no more Web savvy than posting comments on a Web forum under that person's name," said Simitian, in a statement. "When it's done to cause harm, folks need a law on the books they can turn to."
The law is designed to crack down on cyber-bullying and would apply to cases like that of Elizabeth Thrasher, who was charged last year withposting a 17-year-old girl's photo, e-mail and mobile number to a Craigslist adult forum, following an argument.
The law is not designed to prohibit parody or satire, but some worry that it could have a chilling effect nevertheless.
"It could be used to put the lid on free speech," said Mike Bonanno a member of the Yes Men, a group that has made a career out of parodying powerful corporations. "Our impersonations are revealed almost immediately after we do them -- there is a net gain of information for the public: it is anything but fraud. But those facts may not stop corporations and their political cronies from using this law to attack activists who are truly exercising free speech," he wrote in an e-mail.
The Electronic Frontier Foundation doesn't like the law either. Like Bonanno, EFF Senior Staff Attorney Corynne McSherry worries that it could give corporations and public officials a new way to sue their critics into silence. "We're disappointed that the Governor decided to sign this bill, given that it is likely to be used to squelch political speech," she said via e-mail.
The law lets victims seek damages in civil court. Perpetrators can also face criminal charges -- up to a $1,000 fine and a year's imprisonment. The law takes effect Jan. 1, 2011.
- Best iPhone, iPad Business Apps for 2014
- 14 Tech Conventions You Should Attend in 2014
- 10 Desktop Apps to Power Your Windows PC
- How to Add New Job Skills Without Going Back to School
- Slideshow: 7 security mistakes people make with their mobile device
- iOS vs. Android: Which is more secure?
- 11 sure signs you've been hacked
Red Hat Enterprise Linux - The Original Cloud Operating System
Linux adoption is growing against a number of measures, such as the
number of supercomputers that run Linux and the size of the contributing...
- OpenStack Hype vs. Reality: CIO Quick Pulse Open-source architecture can enable IT departments to build infrastructure-as-a-service (IaaS) clouds running on standard hardware.
- Building a Bridge to the Next Generation Data Center Selecting a widely adopted operating system is a foundational component of a standardization strategy.
- OpenStack and Red Hat: IDC White paper Most OpenStack deployments are by public cloud providers that are early adopters of technology and use OpenStack in a do-it-yourself deployment and support...
- Live Webcast Best Practices for the Hyperconverged Enterprise Network To the Age of Constant Connectivity and Information overload
- Live Webcast Unmasking the Differences between Consumer and Enterprise File Sync & Share The consumerization of IT combined with the rapid pace of the modern mobile workplace is forcing enterprise IT teams to evaluate file sync...
- Live Webcast Government Agency Webifies Outdated COBOL Applications Let this CTO tell you how his agency converted 1980s-era green screens into an e-filing portal for the 100,000 cases handled each year...
- The New Way to Work Knowledge Vault This Knowledge Vault focuses on how, in today's increasingly virtual world, it's more important than ever to engage deeply with employees, suppliers, partners,...
- Getting Ready for BlackBerry Enterprise Service 10.2 Find out how BlackBerry® Enterprise Service 10 helps organizations address the full spectrum of EMM challenges, while balancing the needs of both the... All Applications White Papers | Webcasts