Online Impersonation Using somebody else's name or likeness

to create a website or social networking account, or sending e-mails, text messages or instant messages using their identity

Already illegal in Texas, Mississippi, Hawaii, New York and California

Laws may soon be passed in Rhode Island, Washington and New Jersey

California's SB 1411

“This bill would provide that any person who knowingly and without consent credibly impersonates another actual person through or on an Internet Web site or by other electronic means, as specified, for purposes of harming, intimidating, threatening, or defrauding another person is guilty of a misdemeanor. The bill would, in addition to the specified criminal penalties, authorize a person who suffers damage or loss to bring a civil action against any person who violates that provision, as specified.”

(d) A violation of subdivision (a) is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.

Arguments for the law

In theory, anybody can impersonate celebrities, politicians, and private citizens like you or me, for fraud or mischief

Romney campaign created “parody” Twitter accounts for VP Biden, DNC Chairman Debbie Wasserman-Schultz

Jebidiah Stipe impersonated his ex girlfriend on craigslist “personals” and gave out her information over e-mail, resulting in her rape at gunpoint

Daven Lee Nielsen created fake Twitter accounts to slander the reputation of a woman he had dated and her daughters

Arguments against the law

It's difficult to verify the identity of the creator of an account. More personal information would have to be provided more often. (and would be vulnerable to abuse)

When the internet is used as a tool for fraud, harassment, or other crimes, the perpetrator can be prosecuted for those crimes already without adding a separate crime.

Group 10

George LaValle

Deandrea Campbell