California Outlaws Online Impersonation

I wrote about SB 1411 last summer and wondered if the Governor would sign it into law. He did, and it went into effect January 1st, 2011.

Malicious digital impersonation is now a misdemeanor with fines up to $1000 and a year in jail.

I now wonder if this law will be used to prosecute cases like Michael Largent’s, who in 2008 opened 58,000 brokerage accounts under fake identities. He ran afoul of the USA PATRIOT Act identity verification requirement for financial firms and was charged with computer fraud, wire fraud and mail fraud. He impersonated cartoon characters, so presumably it would not apply, although I am certain he still could be accused of malicious digital impersonation (pretending to be Daffy Duck for financial gain).

LARGENT used false names, addresses, driver’s license numbers, and social security numbers, including the names of known cartoon and comic book characters to open the accounts. When the deposits occurred, he would transfer the funds into his own bank accounts or onto prepaid debit cards, without the authorization or knowledge of his victims. As a result, LARGENT fraudulently obtained or attempted to obtain tens of thousands of dollars, which he used for personal expenses.

SB 1411, according to the bill’s author, seems to be targeted only at stopping harassment and defamation.

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