FakeCelebrity Twitterers And Bloggers May Face Jail In California

from the that'll-go-over-well dept

Thu, Jan 6th 2011 3:24pm — Mike Masnick

We've already noted how California law makes it a crime to "personate" someone by pretending to be them, but with the new year, apparently such laws have been strengthened even more in California, with potential fines and jail time for those 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"

While it may be questionable as to whether or not someone setting up a fake Twitter or blog account actually qualifies as having the intention of "harming, intimidating, threatening, or defrauding another person," you can pretty much guarantee that some celebrity thus impersonated will test the law on this, and make arguments as to how such impersonators really harmed, intimidated or defrauded. Hopefully the courts are quick to make sure that, if this law is even considered legal, that it's limited in ways to avoid coming down on people just setting up fun joke accounts.

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Filed Under: california, impersonations, social networks

19 Comments

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Anonymous Coward, 6 Jan 2011 @ 3:32pm

Paging Ms. Streisand, Ms. Barbra Streisand.
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Zacqary Adam Green (profile), 6 Jan 2011 @ 3:47pm

I'd imagine that something that clearly acknowledges that it's a fake, e.g. Dan Lyons' Fake Steve Jobs, wouldn't be illegal under this law.

That doesn't mean people won't have years of their lives stolen being prosecuted for it.
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Anonymous Coward, 6 Jan 2011 @ 3:50pm

Well what anybody expect from a state that elected Arnold to office.
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iamtheky (profile), 6 Jan 2011 @ 3:52pm

I just learned that personate and impersonate mean the same thing. It is however odd in quotes when you are the only one used the term.
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iamtheky (profile), 6 Jan 2011 @ 3:54pm

ahhh found it.
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scarr (profile), 6 Jan 2011 @ 4:06pm

Re:
That isn't Jobs? I just assumed he changed his first name.
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Kayne West, 6 Jan 2011 @ 4:19pm

THIS IS SUM BULLSHIIIIIIIIT!!!
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sam, 6 Jan 2011 @ 4:31pm

put the word FAKE before the persons name and BAM! BULLETPROOF!
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Anonymous Coward, 6 Jan 2011 @ 5:06pm

Law is clearly unconstitutional.../ easily violates the first amendment... CA wasting more money
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abc gum, 6 Jan 2011 @ 6:12pm

It's good to know that our celebrities are well cared for, for it is one thing still manufactured here in the good 'ol us of a. Although I imagine that too will soon be outsourced, I doubt it will make much difference.
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Christopher (profile), 6 Jan 2011 @ 8:02pm

Re:
In a perfect world., that would be the case.... however, we are living in an imperfect world, mostly made that way by the Repukian and conservacreeps drones who don't think that well or rationally.
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Pixelation, 6 Jan 2011 @ 9:44pm

I'm Mike Masnick
"that it's limited in ways to avoid coming down on people just setting up fun joke accounts. "

You're all a bunch of jerkwads.
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G Thompson (profile), 6 Jan 2011 @ 10:41pm

So I gather that Samuel Clements would be totally in the crapper if he was alive and writing on Twitter et.al because he would do such a good job of personating Mark Twain? ;)

and not having read the criminal statute (not gunna bother) doesn't harming or intimidating someone already come under criminal laws? Defrauding definitely does. As for harm... DEFINE HARM!!!!!

So these laws were probably already on the books anyway.. they just want one for "famous" people with lots of money who can Intimidate police into criminal investigations over crimes that are already available.

So what are they going to do to International people who personates some moronic wannabe celebrity? Jurisdiction is going to e a hard one to tackle if not impossible though it will make for enjoyable reading to laugh about.
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Rose M. Welch (profile), 7 Jan 2011 @ 1:17am

Re: I'm Mike Masnick
Yup, we're First Amendment jerkwads. How about you, Mike?
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Pixelation, 7 Jan 2011 @ 3:11am

I'm wondering if it would be illegal in California to personate "The Fake Steve Jobs"?
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Miles (profile), 7 Jan 2011 @ 3:22am

Something new learned.
Well, this certainly explains why we no longer see comedians doing impersonations anymore.

Rich Little was lucky to have been popular when he was. Otherwise, he'd be standing on a street corner pretending to be poor.
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btrussell (profile), 7 Jan 2011 @ 4:32am

Celebrities real names or their fake names?
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Jimr (profile), 7 Jan 2011 @ 5:11am

fun and profit
So fun and profit is a no no. As long as you can still do it for the purposes of fun I see no harm.
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AutoTweet (profile), 16 Jan 2011 @ 12:08pm

Jail time for faking twitter representation. Come on people - it isn't right. Sounds like some politicians could also face jail time if they say they serve 'the people' instead of their own self interests.
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