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Online Impersonations Now Illegal In California

Posted by samzenpus on from the lets-pretend dept.

theodp writes "TechCrunch's Michael Arrington reports that a California bill criminalizing online impersonations went into effect on January 1st. 'There has to be intent to harm, intimidate, threaten, or defraud another person — not necessarily the person you are impersonating,' explains Arrington. 'Free speech issues, including satire and parody, aren't addressed in the text of the bill. The courts will likely sort it out.' So, Fake Steve Jobs, you've got to ask yourself one question: 'Do I feel lucky? Well, do ya punk?'"

4 of 217 comments (clear)

  1. Meh. by goodmanj · · Score: 5, Interesting

    "There has to be intent to harm, intimidate, threaten, or defraud another person"

    I'm betting most posters in this thread are going to skip over this phrase completely, and raise the "free speech no matter what" flag.

    But on the other hand, if the impersonation is done with intent to harm, intimidate, threaten, or defraud, why can't we just prosecute people for fraud, criminal intimidation, or whatnot?

  2. Isn't this already covered by laws against fraud? by Damon+Tog · · Score: 5, Insightful

    Isn't this already covered by existing laws against fraud? Do we need a separate law for each possible variation of fraud? Are they sure they don't need a law that prohibits impersonation over telegram cables or by using smoke signals?

    Regards,
    Abe Vigoda

  3. Re:Rich protecting themselves by Anonymous Coward · · Score: 5, Insightful

    Most new laws are redundant additions to existing laws. The overlap is entirely deliberate.

    This law is not about money regardless of the 'defraud' part. This law will be used to stop criticism and documentaries that show the rich and powerful in a bad light.

    Its like using a shotgun instead of a pistol. You have half a dozen ways to stop someone doing something instead of just one.

  4. Enforcement Will be a B*tch by Nom+du+Keyboard · · Score: 5, Interesting

    Who can you enforce this against? A California resident using a California server? A California resident using an out of state server. A non-California resident using a California server? A non-California resident using a California server to defraud a California resident? The same with a non-California server? A non-everything? Will California become the East Texas of Internet Defrauding Tourism (well, hey, they need to do something to improve their economy)?

    Clearly this is why politicians shouldn't be making laws regarding technology.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."