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.
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.
Don't Worry, Howard Stern's Still Making a Ludicrous Amount of Money
In your sunny Thursday media column: Howard Stern returns to Sirius, the NYT social media editor disappears, Brenda Starr dies, errors galore, and more!
- Howard Stern has signed a five year deal to keep his show on Sirius Radio. No exact monetary figure yet, but his last deal was $100 million a year, and he called this deal "very fair," so it has to be in the same ballpark. The good thing is it keeps Howard Stern fans all in one easily identifiable media ghetto.
- The New York Times has quietly eliminated its useless (we say that with no prejudice) "Social Media Editor" position. Jennifer Preston, who held it, is returning to reporting. The paper will reportedly "shift social media responsibilities to Aron Pilhofer‘s interactive news team." Ah well. We'll always have the archives of Jennifer Preston's Twitter feed to remember this amazing time in history.
- After 70 years, "Brenda Starr, Reporter" is ending as a daily comic strip. Brenda Starr will take over as the New York Times social media editor.
- Regret The Error's "Year in Media Errors and Corrections" list is well worth reading tits.
- Confidential to Joe Lieberman: keep talking all that shit about investigating the New York Times for Wikileaks. See how that works out for you.
[Photo: Getty]
Send an email to the author of this post at Hamilton@gawker.com.
robert shumake detroit
Moore: EA not backing away from Tiger <b>News</b> - Page 1 | Eurogamer.net
Read our news of Moore: EA not backing away from Tiger.
CNN's John Roberts Joining Fox <b>News</b> | John Roberts | Mediaite
CNN's John Roberts is expected to join FOX News Channel as a senior national correspondent based in Atlanta and will be reporting on major domestic and international stories for the network. Roberts came up the ranks of CBS News, ...
Movie <b>News</b> Quick Hits: Bigfoot to get the 'Avatar' Treatment <b>...</b>
A leaked costume test from MGM's completed-but-shelved remake of 1984's 'Red Dawn' has found its way online. It's not much, but thanks to MGM's.
robert shumake detroit
Moore: EA not backing away from Tiger <b>News</b> - Page 1 | Eurogamer.net
Read our news of Moore: EA not backing away from Tiger.
CNN's John Roberts Joining Fox <b>News</b> | John Roberts | Mediaite
CNN's John Roberts is expected to join FOX News Channel as a senior national correspondent based in Atlanta and will be reporting on major domestic and international stories for the network. Roberts came up the ranks of CBS News, ...
Movie <b>News</b> Quick Hits: Bigfoot to get the 'Avatar' Treatment <b>...</b>
A leaked costume test from MGM's completed-but-shelved remake of 1984's 'Red Dawn' has found its way online. It's not much, but thanks to MGM's.
robert shumake
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.
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.
Don't Worry, Howard Stern's Still Making a Ludicrous Amount of Money
In your sunny Thursday media column: Howard Stern returns to Sirius, the NYT social media editor disappears, Brenda Starr dies, errors galore, and more!
- Howard Stern has signed a five year deal to keep his show on Sirius Radio. No exact monetary figure yet, but his last deal was $100 million a year, and he called this deal "very fair," so it has to be in the same ballpark. The good thing is it keeps Howard Stern fans all in one easily identifiable media ghetto.
- The New York Times has quietly eliminated its useless (we say that with no prejudice) "Social Media Editor" position. Jennifer Preston, who held it, is returning to reporting. The paper will reportedly "shift social media responsibilities to Aron Pilhofer‘s interactive news team." Ah well. We'll always have the archives of Jennifer Preston's Twitter feed to remember this amazing time in history.
- After 70 years, "Brenda Starr, Reporter" is ending as a daily comic strip. Brenda Starr will take over as the New York Times social media editor.
- Regret The Error's "Year in Media Errors and Corrections" list is well worth reading tits.
- Confidential to Joe Lieberman: keep talking all that shit about investigating the New York Times for Wikileaks. See how that works out for you.
[Photo: Getty]
Send an email to the author of this post at Hamilton@gawker.com.
robert shumake
robert shumake
Moore: EA not backing away from Tiger <b>News</b> - Page 1 | Eurogamer.net
Read our news of Moore: EA not backing away from Tiger.
CNN's John Roberts Joining Fox <b>News</b> | John Roberts | Mediaite
CNN's John Roberts is expected to join FOX News Channel as a senior national correspondent based in Atlanta and will be reporting on major domestic and international stories for the network. Roberts came up the ranks of CBS News, ...
Movie <b>News</b> Quick Hits: Bigfoot to get the 'Avatar' Treatment <b>...</b>
A leaked costume test from MGM's completed-but-shelved remake of 1984's 'Red Dawn' has found its way online. It's not much, but thanks to MGM's.
robert shumake
Moore: EA not backing away from Tiger <b>News</b> - Page 1 | Eurogamer.net
Read our news of Moore: EA not backing away from Tiger.
CNN's John Roberts Joining Fox <b>News</b> | John Roberts | Mediaite
CNN's John Roberts is expected to join FOX News Channel as a senior national correspondent based in Atlanta and will be reporting on major domestic and international stories for the network. Roberts came up the ranks of CBS News, ...
Movie <b>News</b> Quick Hits: Bigfoot to get the 'Avatar' Treatment <b>...</b>
A leaked costume test from MGM's completed-but-shelved remake of 1984's 'Red Dawn' has found its way online. It's not much, but thanks to MGM's.
robert shumake
In today's recessionary economy when disposable income is no longer keeping up with the cost of living, more and more are searching for alternative source of income.
It doesn't come as a surprise that blogging has become one of the most pervasive ways of making money online that has come a long way since the birth of eBay. Blogging may not be the easiest way of making money online but it is certainly not the hardest either.
The latest trend is with children under the age of 17 blogging for money. Not just pocket change either. These kids are making money hand over fist. Some are already making millions with just their online business.
Kids are much more technically advanced than we want to give them credit for. They embrace the internet quickly and aren't afraid to explore and use them.
They have no inhibitions or worries about trying something new. And the start-up cost is almost zero or low enough that they may not have to even use their entire allowance to get started.
One of the most difficult parts of blogging is the daily maintenance and up keep along with finding the advertising and affiliating to make money. Once you have overcome these obstacles there is nothing to it.
Children as young as 8 are doing it with great success. It's their parents that are dumbfounded that it could be that easy.
Kids Prove Us Wrong
As adults we have been taught that "anything worth having is worth working for" and that "if it sounds too good to be true, it probably is" but our children seem to be proving those old adages wrong.
With the use of the internet, making money online has become easier than ever. It just seems to the adults that it can't be true. We are always looking for the catch to these simple ways of making money.
We believe that it's a "zero sum game". They aren't just going to give it to us for nothing. We in fact over-complicate what seems to be "simple things in life".
Maybe it is time for us to start looking at the world in a different way. This is, after all, the internet generation. We need to start realizing that the computer on our desk can be useful for something other than checking e-mail and sending jokes to our friends. Our children already know this and we just need to catch up.
It's time for us to change and be open to seeing this new generation and the changes in our world. Instead of being upset with our children for spending so much time on their computers we need to understand and be supportive of what they are doing.
And look into new and revolutionary ways of making money the smartest way instead of hard labor - the internet.
This is a new world and the kids seem to be taking the upper hand in it. We as adults have been so resistant to these new advancements that we have cut ourselves off from some of the best sources of income.
Children from 10 years old right on up are doing what we seem to find impossible in this economy. They are making money and having no trouble doing it. Maybe the only adage that we need to be concerned with is "and a child shall lead them".
That is certainly what is happening when it comes to making money on the internet.
robert shumake detroit
Moore: EA not backing away from Tiger <b>News</b> - Page 1 | Eurogamer.net
Read our news of Moore: EA not backing away from Tiger.
CNN's John Roberts Joining Fox <b>News</b> | John Roberts | Mediaite
CNN's John Roberts is expected to join FOX News Channel as a senior national correspondent based in Atlanta and will be reporting on major domestic and international stories for the network. Roberts came up the ranks of CBS News, ...
Movie <b>News</b> Quick Hits: Bigfoot to get the 'Avatar' Treatment <b>...</b>
A leaked costume test from MGM's completed-but-shelved remake of 1984's 'Red Dawn' has found its way online. It's not much, but thanks to MGM's.
robert shumake detroit
robert shumake
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.
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.
Don't Worry, Howard Stern's Still Making a Ludicrous Amount of Money
In your sunny Thursday media column: Howard Stern returns to Sirius, the NYT social media editor disappears, Brenda Starr dies, errors galore, and more!
- Howard Stern has signed a five year deal to keep his show on Sirius Radio. No exact monetary figure yet, but his last deal was $100 million a year, and he called this deal "very fair," so it has to be in the same ballpark. The good thing is it keeps Howard Stern fans all in one easily identifiable media ghetto.
- The New York Times has quietly eliminated its useless (we say that with no prejudice) "Social Media Editor" position. Jennifer Preston, who held it, is returning to reporting. The paper will reportedly "shift social media responsibilities to Aron Pilhofer‘s interactive news team." Ah well. We'll always have the archives of Jennifer Preston's Twitter feed to remember this amazing time in history.
- After 70 years, "Brenda Starr, Reporter" is ending as a daily comic strip. Brenda Starr will take over as the New York Times social media editor.
- Regret The Error's "Year in Media Errors and Corrections" list is well worth reading tits.
- Confidential to Joe Lieberman: keep talking all that shit about investigating the New York Times for Wikileaks. See how that works out for you.
[Photo: Getty]
Send an email to the author of this post at Hamilton@gawker.com.
robert shumake
Moore: EA not backing away from Tiger <b>News</b> - Page 1 | Eurogamer.net
Read our news of Moore: EA not backing away from Tiger.
CNN's John Roberts Joining Fox <b>News</b> | John Roberts | Mediaite
CNN's John Roberts is expected to join FOX News Channel as a senior national correspondent based in Atlanta and will be reporting on major domestic and international stories for the network. Roberts came up the ranks of CBS News, ...
Movie <b>News</b> Quick Hits: Bigfoot to get the 'Avatar' Treatment <b>...</b>
A leaked costume test from MGM's completed-but-shelved remake of 1984's 'Red Dawn' has found its way online. It's not much, but thanks to MGM's.
robert shumake detroit
robert shumake
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