California makes it official -you cannot post fake profiles of others Online.
|
Posted By: Marta Fernandez on January 02, 2011 California’s SB 1411, which adds a layer of criminal and civil penalties for certain online impersonations, goes into effect starting today. The consequences include a fine of up to $1,000, and/ or up to a year in jail. So don’t go and do something crazy like impersonate Google CEO Eric Schmidt on Facebook. There may be consequences. I am sending this to my Congressman in NJ: The full text and a summary of the bill are below. There’s a good overview and analysis of it as well, on ZDNet. The state has created a new crime, and a new section is being added to the penal code. There has to be intent to harm, intimidate, threaten, or defraud another person – not necessarily the person you are impersonating. Free speech issues, including satire and parody, aren’t addressed in the text of the bill. The courts will likely sort it out. Hopefully without my direct participation. SB 1411, Simitian. Impersonation: Internet. Existing law makes it a crime to falsely impersonate another in either his or her private or official capacity, as specified. Existing law also makes it a crime to knowingly access and, without permission, alter, damage, delete, destroy, or otherwise use any data, computer, computer system, or computer network in order to devise or execute any scheme or artifice to defraud, deceive, or extort, or wrongfully control or obtain money, property, or data. For a violation thereof, in addition to specified criminal penalties, existing law authorizes an aggrieved party to bring a civil action against the violator, as specified. 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. Because the bill would create a new crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 528.5 is added to the Penal Code, to read: 528.5. (a) Notwithstanding any other provision of law, any person who knowingly and without consent credibly impersonates another actual person through or on an Internet Web site or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person is guilty of a public offense punishable pursuant to subdivision (d). (b) For purposes of this section, an impersonation is credible if another person would reasonably believe, or did reasonably believe, that the defendant was or is the person who was impersonated. (c) For purposes of this section, “electronic means” shall include opening an e-mail account or an account or profile on a social networking Internet Web site in another person’s name. (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. (e) In addition to any other civil remedy available, a person who suffers damage or loss by reason of a violation of subdivision (a) may bring a civil action against the violator for compensatory damages and injunctive relief or other equitable relief pursuant to paragraphs (1), (2), (4), and (5) of subdivision (e) and subdivision (g) of Section 502. (f) This section shall not preclude prosecution under any other law. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. If you enjoyed this article, Join HBCU CONNECT today for similar content and opportunities via email! |
 |
Marta Fernandez
From Queens, NY CUNY -Queens College class of 1985 Member Since July 2008 |
Comments
 |
Thank you! I just forwarded it to my two Congressmen and Senators, via a website called :http://opencongress.org It's a website set up for easy access to our reps in each state. It is pain I agree, but we really have to tell our reps what WE want.TheBlackBerryTeaParty is on the way...let me know if you are interested in joining.( I came up with that concept yesterday, and building the website as we speak.) Cheers! You have my blessing to repost this on BIA, as I was kicked off due to prejudice because I am Hispanic, and those in charge there are not the same ones here. I was also kicked off Black Women Connectt because I busted an internal fraud where they were lowering my blog numbers, when I was the top blogger. They removed the painstaking blogs thatI had put up of President Obama's Cabinet. So kudos to Jonathan and Mr. Moss for allowing me to express my opinions. Sunday, January 2nd 2011 at 2:39PM |
|
It got tiring. Several of us tolerated the stuff on there. It does not help anyone to grow intellectually, and frankly am I really a Black American? lol--Is President Obama a Black American? What is the definition of a Black American? I taught Intro to Anthropology 100 at B.M.C.C. -C.U.N.Y-2001-2003, I am well versed in the politics and social construct of "racial" issues. It's okay, I still defend A.A. better than they can ever defend themselves and people do listen. I believe it a natural backlash in a society that judges based on perceptions. But this is the "new" perception that "Whites" have of African Americans and it does not bode well, because the ruling elite is still composed of a larger number of wealthy individuals who plan to keep their wealth, and have networks that are global, in the continuum of the perception of power, Blacks in the Diaspora still view Whites as more capable, smarter, richer, more powerful and therefore if you are a ruler of a Nation it makes sense to negotiate deals with the powers that be. It is actually more complicated than this as we view issues "wholistically". I long, long ago defined myself as human. I have no issues. I love my skin color, and I am from a different culture. I am not a "sheeples" or a follower.Nor do I allow others to define who I am and that includes my own people from the revolutionary minded island of Cuba!! lol --thanks for allowing me to express this btw..at 43rd and 6th . there is wonderful photography exhibit of The Cuban Revolution of 1959. Sunday, January 2nd 2011 at 4:46PM |
More From This Author
Latest Blogs
 |
FREE Valentine's Day E-Cards Available! ♥️Happy Valentine's Day! ♥️
♥️ Free Valentine's Day E-Cards Link: https://www.pinterest.com/shykerialifleur/valentines-day-greetings
♥️ What to Write In Va ...more
Shykeria Lifleur • 129 Views • February 11th, 2026 |
 |
BLACK OWNED BEAUTY SUPPLY ASSOCIATION (BOBSA) AND JUNIQUES AD SERVICE CREATES DFY 30 SEC DISTRIBUTION SERVICEANNOUNCEMENT
Juniques Ad Service, a proud Juniques Company, is excited to share a powerful new collaboration with the Black Owned Beauty Supply Organization. Through this collaboration, members and s ...more
rickey johnson • 104 Views • February 11th, 2026 |
 |
MEDIA ALERT! USA -Call for Submissions- Gumbo for the Soul: Women of Honor with PowerMEDIA ALERT! USA
-Call for Submissions-
Gumbo for the Soul: Women of Honor with Power is currently under development by the visionary team of Gumbo for the Soul International®.
This a ...more
Beverly Johnson • 108 Views • February 10th, 2026 |
 |
Keeping the Faith!!!! 10 Videos, MindMap, CheetSheet, and so much more to discuss FAITH!!!!https://learners.juniquesadservice.com/courses/offers/21e32619-5774-44e2-93d9-a3df7d93a778
Welcome to the course for You!!! Keep The Faith
Video 0- Introduction
Video 1 Why Faith is So Import ...more
rickey johnson • 281 Views • February 9th, 2026 |
 |
RON CARTER & RICKY DILLARD Is Taking Church To The Jazz Club With New Single "Open My Eyes"@RONCARTER #RONCARTER@RICKYDILLARD #RICKYDILLARDLegendary in the genres of Jazz and Gospel music, the "Maestro" Ron Carter and the "Choirmaster" Ricky Dillard are taking church to the Jazz club with t ...more
LaMarr Blackmon • 152 Views • February 9th, 2026 |
Popular Blogs
 |
Divorce in America in 2009 – What’s love got to do, got to do with it?
Join Brother Marcus and the cast and the crew of the Brother Marcus Show live this Sunday evening on February 1, 2009 @ 8:00 p.m. for another hot topic in our community! “Divorce in America in 2009 ...more
Brother Marcus! • 70,796,574 Views • January 27th, 2009 |
 |
VISINE ALERT!!!Seemingly innocent medication such as Visine eyedrops are used by people to concoct a mixture with similar effects as a date-rape drug.
When mixed with alcohol and taken orally, the eyedrops can l ...more
Siebra Muhammad • 118,227 Views • May 23rd, 2009 |
 |
"Chain Hang Low" check out the real meaning of the Lyrics!Recently there is a new artist out of Saint Louis that goes by the name JIBBS. Jibbs debut single "Chain hang low" has a history that most people are not aware of. The particular nursery rhyme that th ...more
Tyhesha Judge-Fogle • 75,046 Views • November 9th, 2006 |
 |
HBCU Marketplace Gifts: Divine 9 Premium Fraternity / Sorority Playing CardsVendor: Charles Jones
Item Price: $20.00
Price Includes Shipping: Yes - Shipping Included
Item Description:
Pantheon Series - Divine 9 - Premium Playing Cards (choose Gold Series or Silve ...more
How May I Help You NC • 61,511 Views • December 2nd, 2018 |
