FakeCelebrity Twitterers And Bloggers May Face Jail In California
from the that'll-go-over-well dept
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.
Filed Under: california, impersonations, social networks
Comments on “FakeCelebrity Twitterers And Bloggers May Face Jail In California”
Paging Ms. Streisand, Ms. Barbra Streisand.
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.
Well what anybody expect from a state that elected Arnold to office.
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.
ahhh found it.
Re:
That isn’t Jobs? I just assumed he changed his first name.
THIS IS SUM BULLSHIIIIIIIIT!!!
put the word FAKE before the persons name and BAM! BULLETPROOF!
Law is clearly unconstitutional…/ easily violates the first amendment… CA wasting more money
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.
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.
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.
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.
I'm Mike Masnick
Yup, we’re First Amendment jerkwads. How about you, Mike?
I’m wondering if it would be illegal in California to personate “The Fake Steve Jobs”?
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.
Celebrities real names or their fake names?
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.
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.