California’s Online Impersonation Law: Shelter for the Cyber-Bullied

By Ian Ferguson | January 4, 2011
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As of January 1, 2011, it is a misdemeanor in California to maliciously impersonate another individual online, punishable by fines up to $1,000 and/or up to a year in jail. The California legislature passed the new law, SB 1411, in response to growing concern over cyber-harassment and cyber-bullying — according to the Pew Research Center,  32% of all online teens have been the targets of persistent cyber-bullying, and several high-profile cases made headlines this year.

Courts previously considered online impersonation a type of identity theft. However, because online impersonation does not typically involve money, most perpetrators were judgment proof. And District Attorneys, unsure of their legal standing, were unwilling to invest in prosecuting. With no legal recourse, victims were unable to stop, deter, or create consequences for impersonation attacks.

Online impersonation attacks can have far reaching, detrimental effects if others don’t recognize that the individual is being impersonated; as Shakespeare wrote, “he that filches from me my good name, robs me of that which not enriches him, and makes me poor indeed.” San Francisco lawyer Erica Johnstone told ZDNet that “SB 1411 is important because it makes impersonation a crime, creates a civil cause of action victims can use to defend themselves against alleged impersonators, and provides for attorney’s fees, which are critical in terms of extending protection to those who may be otherwise unable to afford to enforce their rights.”

The text of the bill states that it “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.”

The bill does not address first amendment issues, which will have to be worked out in court. Of key concern to some commentators is its effect on political parody and satire. Other commentators wonder if enforcement of the law could be a problem when the perpetrator is in one state and the victim in another. Regardless, the law is an important intervention into harassment, the right to privacy, identity theft, impersonation, and defamation online.

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About Ian Ferguson

Having graduated from UC Berkeley with research emphases on technology law and policy, Ian leverages this knowledge to blog on a diversity of ethical and political issues at the intersection of technology and society. In recent months, Ian's focus has shifted to health sciences and the many issues posed by the practice of modern medicine. When not writing, Ian enjoys biohacking and blues piano.
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  • Taylor

    I have a question regarding multiple e mails that were sent to me. The e -mail impersonated a friend using theyre email address with a typed message about how they chose this service and how I should try it for financial gain and it posts a link to the web site where you can purchase thier product and service. When I called the company they said it wasnt sent from them and they wanted my friends email address so they could investigate the matter which I did not do. I looked at the source of the email which looked like it was sent from different companys that send emails. Im unsure of this process. So is this illegal and could someone plot a civil lawsuit against this kind of impersonation? I have skimmed through the sb 1411 law, it seems illegal but not sure. Any feed back would be great.

    • Juliana

      Hi Taylor, we’re not experts on phishing or other internet scams, so we can’t address the specifics of your issue. However, because the email impersonating your friend looks like it was sent not only without his/her approval but without the company’s approval, we’d recommend forwarding your concerns to the Federal Trade Commission so that they can look into it. Send a copy of the email to spam@uce.gov, as well as the information you gathered from your phone call.
      If you need more information, you can check out these sites: http://ag.ca.gov/consumers/general/spam_phishing.php, and http://www.onguardonline.gov/topics/email-scams.aspx

  • a. martinez

    I want to know how I pursue something being done regarding impersonation…I have been dealing with this for over a year n its getting worse everyday. I have numerous Accounts created in my name…social/dating websites. They create email accounts in my name n harass other people. I have filed a police report n its going nowhere. They tell me don’t have the accounts closed but that just allows this to continue daily. Please give me some information…

    • Eva Arevuo

      This sounds like a really tricky situation — I’m sorry to hear that your efforts with the police haven’t sorted things out. I would suggest that you contact a lawyer. You can search for lawyers by area and expertise, here, and you can ask a lawyer a question before you decide to proceed.