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View Full Version : Malicious Online Impersonation now Illegal in California


Medusa
09-30-2010, 08:19 PM
http://arstechnica.com/tech-policy/news/2010/09/california-outlaws-using-a-fake-identity-online-in-some-cases.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss


Arnie just signed a new law that makes malicious impersonation online a misdemeanor in order to try to curtail cyber-bullying.

Im interested in what other folks think about this?

From the Article:

The purpose of such a law is to discourage people such as the "MySpace mom," accused of impersonating a teenage boy online whose bullying eventually led to another teen's suicide, as well as a woman who posted a fake Casual Encounters ad on Craigslist impersonating a 17-year-old girl with whom the woman had an Internet argument. There was also a case where a group of teenagers posed as one of their peers on Facebook. They represented him as a sexually obscene racist and amassed hundreds of "friends" as if he were running the profile himself, which the targeted teen believed had turned off college recruiters.

The law goes into effect at the beginning of 2011, and critics say it could have a chilling effect on free speech. A group that does impersonations of corporations for the purpose of activism, Yes Men, told IDG that "political cronies" could use the law to attack those trying to expose information to the public through parody. The Electronic Frontier Foundation has also expressed concern that such a law could easily be used to "squelch political speech" and described the bill as "dangerous."

princessbelle
09-30-2010, 08:42 PM
I am not a political person....I know i should be.

I don't know enough about degrees of the right to free speech...and I know I should.

But, I do know the difference between lying and being truthful. About troublemakers and those who prey on good honest people who just try and get by in life without malice. I also know there are those out there that hurt people for pure pleasure, self righteousness or warped humor. We all see it everyday.

Bullying of any kind is showing weakness of intelligence, compassion and authority. Many of us have felt it being who we are.

The good of the bill, from what i read and have understood, far outways any "danger" to undermining our right to free speech. We have to put strength into the hands of the innocent and do more to the ones that have ill intent and cause horrific damage to people online.

Should these messed up people be held accountable for causing harm to others? IMO Hell yes in a freaking heart beat.

Waldo
09-30-2010, 09:56 PM
The law goes into effect at the beginning of 2011, and critics say it could have a chilling effect on free speech. A group that does impersonations of corporations for the purpose of activism, Yes Men, told IDG that "political cronies" could use the law to attack those trying to expose information to the public through parody. The Electronic Frontier Foundation has also expressed concern that such a law could easily be used to "squelch political speech" and described the bill as "dangerous."

First - I find it a sad state of our world that a law like this needs to be in place. But with all things technological, you take the good with the bad. The anonymity of the Internet has made things like this possible and more widespread.

Second, and to the above quoted section - I wholeheartedly believe in the freedom of speech, including the right to criticism in activism. There are plenty of ways to do so which would remain legal under this law. Parody is insanely effective. The person who runs Untied.com has been successful in keeping that site online despite many threats and legal maneuvers from United. NoDaddy.com takes on Godaddy regularly - same thing. You don't have to pretend to be a corporation to get your point across.

imperfect_cupcake
10-01-2010, 12:49 AM
shouldn't this kind of thing be covered by slander, rather than separate law?

Kobi
10-01-2010, 01:09 AM
Given the most recent suicide by a young gay college student whose sexual encounter was broadcast on the internet by his roommate, one has to wonder if technological savvy has exceeded common sense and decency.

One can only wonder what lawmakers could actually accomplish if they didnt waste so much time putting out the fires caused by human stupidity.

AtLast
10-01-2010, 02:14 AM
I'm thinking that perhaps standing slander laws just don't cover "impersonation," which is based upon deceipt with intent to do harm. I see HB's point about this, but as I really look at why a law like this came to be, it makes sense.

However, I want to research more about the possible infringement of free speech. But, is free speech hindered by this law pointing to an impersonation variable?

Some of the cases in which posters point to in which some horrible harm has been done, especially by bullying, does make me want to see some kind of legal remmedy available for victims or their families. And I have really had it with how bullying is taken so lightly.

Lots to ponder here.