Malicious Online Impersonation now Illegal in California

Waldo · 09-30-2010, 09:56 PM

Quote:

Originally Posted by Medusa

The law goes into effect at the beginning of 2011, and critics say it could have a chilling effect on free speech. A group that does impersonations of corporations for the purpose of activism, Yes Men, told IDG that "political cronies" could use the law to attack those trying to expose information to the public through parody. The Electronic Frontier Foundation has also expressed concern that such a law could easily be used to "squelch political speech" and described the bill as "dangerous."

First - I find it a sad state of our world that a law like this needs to be in place. But with all things technological, you take the good with the bad. The anonymity of the Internet has made things like this possible and more widespread.

Second, and to the above quoted section - I wholeheartedly believe in the freedom of speech, including the right to criticism in activism. There are plenty of ways to do so which would remain legal under this law. Parody is insanely effective. The person who runs Untied.com has been successful in keeping that site online despite many threats and legal maneuvers from United. NoDaddy.com takes on Godaddy regularly - same thing. You don't have to pretend to be a corporation to get your point across.

imperfect_cupcake · 10-01-2010, 12:49 AM

shouldn't this kind of thing be covered by slander, rather than separate law?

Kobi · 10-01-2010, 01:09 AM

Given the most recent suicide by a young gay college student whose sexual encounter was broadcast on the internet by his roommate, one has to wonder if technological savvy has exceeded common sense and decency.

One can only wonder what lawmakers could actually accomplish if they didnt waste so much time putting out the fires caused by human stupidity.

AtLast · 10-01-2010, 02:14 AM

I'm thinking that perhaps standing slander laws just don't cover "impersonation," which is based upon deceipt with intent to do harm. I see HB's point about this, but as I really look at why a law like this came to be, it makes sense.

However, I want to research more about the possible infringement of free speech. But, is free speech hindered by this law pointing to an impersonation variable?

Some of the cases in which posters point to in which some horrible harm has been done, especially by bullying, does make me want to see some kind of legal remmedy available for victims or their families. And I have really had it with how bullying is taken so lightly.

Lots to ponder here.

10-01-2010, 12:49 AM	#2
imperfect_cupcake Senior Member How Do You Identify?: feminine dolly dyke Preferred Pronoun?: Your Grace Relationship Status: I put my own care first Join Date: Jan 2010 Location: In a gauze of mystery Posts: 1,776 My Photo Gallery Thanks: 2,426 Thanked 9,712 Times in 1,611 Posts Rep Power: 21474853	shouldn't this kind of thing be covered by slander, rather than separate law?

10-01-2010, 01:09 AM	#3
Kobi Infamous Member How Do You Identify?: Biological female. Lesbian. Relationship Status: Happy Join Date: Feb 2010 Location: Hanging out in the Atlantic. Posts: 9,234 My Photo Gallery Thanks: 9,840 Thanked 34,617 Times in 7,640 Posts Rep Power: 21474860	Given the most recent suicide by a young gay college student whose sexual encounter was broadcast on the internet by his roommate, one has to wonder if technological savvy has exceeded common sense and decency. One can only wonder what lawmakers could actually accomplish if they didnt waste so much time putting out the fires caused by human stupidity.

10-01-2010, 02:14 AM	#4
AtLast Infamous Member How Do You Identify?: Woman Preferred Pronoun?: HER - SHE Relationship Status: Relating Join Date: Nov 2009 Location: CA & AZ I'm a Snowbird Posts: 5,408 My Photo Gallery Thanks: 11,826 Thanked 10,827 Times in 3,199 Posts Rep Power: 21474857	I'm thinking that perhaps standing slander laws just don't cover "impersonation," which is based upon deceipt with intent to do harm. I see HB's point about this, but as I really look at why a law like this came to be, it makes sense. However, I want to research more about the possible infringement of free speech. But, is free speech hindered by this law pointing to an impersonation variable? Some of the cases in which posters point to in which some horrible harm has been done, especially by bullying, does make me want to see some kind of legal remmedy available for victims or their families. And I have really had it with how bullying is taken so lightly. Lots to ponder here.