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Online Impersonations Are Now Illegal in California
Watch out, West Coast Web jesters, because a new California law prohibiting online impersonations officially went into effect this weekend. Violators of SB 1411 will face a fine of up to $1,000 and/or a year in jail. Governor Arnold Schwarzenegger signed SB 1411 back in September, and immediately drew the ire of free speech advocates from around the country. While the law doesn't explicitly address free speech concerns, it does specify that perpetrators must demonstrate a clear intent to harm, intimidate, or defraud the individual being impersonated -- or, for that matter, anyone else.The law's structure lends itself to obvious debate. How, for example, will a California court distinguish satire or parody from fraud or slander? On the other hand, it does provide targets with newfound (and sorely-needed) legal recourse. "Almost all cyber-harassment goes unpunished," San Francisco lawyer Erica Johnstone tells ZDNet. Many cyberbullies, she adds, often ignore lawsuits, or force "default," monetary judgments, which can be difficult to enforce. But SB 1411, Johnstone argues, could radically change that. "[T]he criminal aspect of SB 1411 means that those who impersonate others online will face real-world consequences for their actions," she explains.
Nevertheless, the intense controversy surrounding the measure suggests that SB 1411 may face substantial hurdles in the future. And, like pretty much anything else, its fate will likely be determined before in court.
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Comments
19
Subscribe to commentsfltmechJan 5th 2011 6:25AM
Kalifonia. At the rate thier going breathing will be illegal due to the fact it creates CO2. A carbon footprint gas. The liberals in that state are so out of touch with the world it isn't funny anymore. Just sad.
Snoop CattJan 5th 2011 11:06AM
If you lived in our cities (like L.A. ) where the smog and haze from car & factory emissions fog out the mountains, browns up the sky, and leaves a BLACK COATING OF SOOT in your nose, mouth, and ears, as well as your car and window seals, you wouldn't be saying that. Get in touch with FACTS...it is us LIBERALS that give AMERICANS the choices and Freedoms most consider to be CONSTITUTIONAL. WithOUT liberals... this would be a VERY hampered, fascist, and UNLIBERAL place. California is FAAAAAR from perfect, but I'm 100% sure that where you live is MUCH worse off than where I live, in terms of creativity, wealth, opportunities, and cultural diversity.
Regards.
AngelicaJan 6th 2011 11:03PM
@fltmech If you knew anything about politics, you would know that this is definitely not a liberal issue. This is a conservative issue, if anything. Conservatives want more gov't to dictate morals.
mark youngJan 5th 2011 6:35AM
Please let the rest of us know how that works out for you when you start locking those fakers up in your nearly empty jails. The idea of Life, Liberty, and the Pursuit of Happiness,, being "unalienable" rights was just a myth.
bcrnbsJan 5th 2011 6:58AM
maybe good old california being on the anderas ffault will just one day fall off in the
ocean and solve all their problems....
LunarSnowStormJan 5th 2011 7:25AM
California......hurry up and fall off the coast already. Some off the most Stupid laws comes from your state, and you wonder why you are so far in the red. It's because now you have to pay for these stupid things.There will be lawsuits, so lets clog up the courts with these silly issuses.By the way ,don"t cry when they tell you that your taxs are going to rise 20%.
MarkJan 5th 2011 7:36AM
I will be interesting to see how this affects the social-media sites like Twittter, Facebook, etc. Every celebrity has numerous impersonators. Most of course do not intend to do any harm, but the gossip sites will pick up any salacious posts/tweets and print them as fact.
BevJan 5th 2011 7:38AM
No wonder California is what it is if this is a big concern of theirs. Arnie, I think you should be looking at what your state has become and see what you can do to get it so the rest of us aren't ashamed anymore of calling it part of the U.S.
peterpiperJan 5th 2011 7:47AM
Gee, what a surprise. Yet another law enacted to promote weakness, lazyiness, slow wittedness and humorlessness- the fashionable trend in this country. I wonder what these growing numbers of nit-wits who feel protected will think when this country is finally sold out from under them to the Chinese and they're toiling away in labor camps with nobody left to whine to... Then again, they'll probably still be too insulated to notice.
dgs941Jan 5th 2011 8:37AM
You're all missing the point, it's all about lawyers and fattening there wallets, like most of our ambiguous laws.
caddopecanJan 5th 2011 9:39AM
Looks like everyone using one of the dating/match sites will be arrested.
BryanJan 5th 2011 10:18AM
So, when some hateful mother impersonates a 14 year old year, torments your child to the point of her committing suicide, you can take solace sans legal support in your ignorant comments.
Marit LondeauxJan 5th 2011 4:51PM
@Snoop Catt: By "cultural diversity" do you mean all the illegals you welcome into your state to the point that it's driving you bankrupt? L.A. is so overrun with illegals that the creativity, wealth, and opportunities you speak of only happen to a very small chosen few. I'm sure the odds would be much better living somewhere else.
AshramJan 5th 2011 3:51PM
@Snoop Catt
"Get in touch with FACTS...it is us LIBERALS that give AMERICANS the choices and Freedoms most consider to be CONSTITUTIONAL."
Like advocating for medical reform that forces people to purchase government-approved medical insurance or face a criminal penalty. Or, advocating of gun control that undermines Constitutional rights of Americans outlined in the 2nd Amendment. Or advocating of the bailing out of private sector companies (banks, auto companies) with public money. Or, advocating for the "fairness doctrine" as a way to silence dissent.
"WithOUT liberals... this would be a VERY hampered, fascist, and UNLIBERAL place."
Why don't you just pat yourself some more on the back. And, FYI, "American liberalism" and "fascism" has one thing in common: neither wishes to leave people alone as a person of either persuasion believes they know better than others how one must lead their own lives.
"California is FAAAAAR from perfect, but I'm 100% sure that where you live is MUCH worse off than where I live, in terms of creativity, wealth, opportunities, and cultural diversity."
Hmm...
A state that now seems to make movies and television shows that are mostly rehashes, sequels and vehicles for existing franchises from other mediums (comic books, video games, etc.) while costing a mind-boggling amount of money to make such trite junk, and a lot of it only seems to pound liberalism on the heads of the audience rather than merely attempt to tell a good, original story. (creativity)
Has a welfare system that is falling apart because it burns more money than tax revenue can replace and has reducing industrial presence such as the closing of Lockheed's facilities in Palmdale many years ago. (wealth, opportunity)
Whose metropolitan cities, especially Los Angeles, has been known for riots sparked amongst different groups. (cultural diversity)
Yeah, great going.
ptflcommishJan 5th 2011 6:09PM
@Snoop Catt
lol completely clueless
firstsgtclossonJan 5th 2011 10:57PM
@Snoop Catt not sure what you mean by comparing smog and overcrowded cities to online impersonations. That is so Californian! comparing apples to oranges. This was passed by the Democratic legislature and signed by the RINO Governor, so unless the Jackass has changed sides, it was a liberal bill.
KyleJan 5th 2011 4:06PM
Hurry up guys, we gotta GET TO THE CHOPPA and escape California's harsh, unreasonable fines and jail time.
bobbyJan 5th 2011 4:10PM
New Jersey is almost as bad, maybe it will fall into the ocean as well.
StevenJan 5th 2011 4:53PM
Although online harassment and fraud is a large problem that needs to be addressed, this law is so vague that it will criminalize some activity that is otherwise harmless.