Enacts the digital impersonation prevention act

Summary of specific provisions

Section 1:

Establishes the title 'Digital Impersonation Prevention Act"

Section 2:

-Amends the penal law by adding a new section 190.87, establishing the crime of digital impersonation;

-Provides that a person is guilty of digital impersonation when he or she, knowingly, with intent to defraud and without consent, credibly impersonates another actual person through or on an internet web site or by other electronic means for purposes of: (i) harming, intimidating, threatening, or defrauding another person; (ii) transmitting unsolicited commercial solicitations or unsolicited bulk messages; or (iii) copying, accessing, downloading or utilizing a contact list;

-Establishes the meaning of creditable impersonation;

-Defines "electronic means," "contact list," "unsolicited commercial solicitations," and "unsolicited bulk messages";

-Establishes penalties for violations; and

-Provides that a person who suffers loss or damage by reason of a violation may a bring civil action against the violator; sets forth damages and other relief.

Section 3: Sets effective date

Justification

Digital identity theft, more accurately known as digital impersonation, has been a growing problem in the Internet era. The US Federal Trade Commission estimates that as many as 9-million Americans have their identities stolen each year. Historically, the

major motive for identity theft has been financial fraud, as thieves use stolen identities to make credit card purchases, withdraw funds, and set up phony accounts. Over the past few years, we have seen an increase in a more personal kind of impersonation: the use of Internet anonymity to harass individuals. In 2010, for instance, the New York Times reported on the rise of cyber bullying and what can happen if the issue is not addressed. The article told the story of Marie, a single mother from Newburyport, Massachusetts, whose son had become increasingly withdrawn since entering a new high school. After some investigating, Marie discovered that a number of her son's classmates had created a Facebook page with her son's name and picture. The page in question was being used by others to bully people her son barely knew, with the blame for this behavior falling unfairly on her son. It is clear that stronger measures are needed to combat such actions.

Additionally, thieves have made use of stolen identities to send 'spam' unsolicited bulk email messages and commercial solicitations-circumventing mechanisms intended to block such unwanted messages by sending them from the accounts of unwitting identity theft victims. According to a report commissioned by McAfee, a computer-security company, approximately 62 trillion unsolicited emails were sent in 2008, with serious economic and environmental consequences. Many of these messages were sent from stolen or hijacked email accounts.

Already, states like California have passed laws to crack down on digital impersonation. New York should follow suit. This legislation would create effective penalties for those who engage in digital impersonation for the purposes of harming, threatening, or defrauding another person, sending unsolicited bulk emails or commercial solicitations, or downloading or utilizing a contact list. It also establishes a civil cause of action for people who are victims of digital impersonation.

Prior legislative history

None.

Fiscal implications

To be determined.

Effective date

The law shall take effect on the first of November next succeeding the date upon which it shall have become law.