Bill Text: CA AB695 | 2015-2016 | Regular Session | Amended
Bill Title: Internet impersonation: civil cause of action.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB695 Detail]
Download: California-2015-AB695-Amended.html
BILL NUMBER: AB 695 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Travis Allen
FEBRUARY 25, 2015
An act relating to civil law. An act to
add Section 1708.87 to the Civil Code, relating to civil law.
LEGISLATIVE COUNSEL'S DIGEST
AB 695, as amended, Travis Allen. Internet impersonation:
civil action. Internet impersonation: civil cause of
action.
Under existing criminal 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 specified
provisions.
This bill would establish a private civil cause of action against
any person who knowingly and without consent credibly impersonates
another person through or on an Internet Web site or by other
electronic means and intentionally induces another to believe the
person is the impersonated person, if that other person suffers any
general or special damages. The bill would also establish a private
civil cause of action against any person who knowingly uses another
person's likeness without that person's knowledge or consent, in
furtherance of the aforementioned activity, if the person whose
likeness was used has sustained general or special damages. The bill
would authorize the court to award reasonable attorney's fees and
court costs to the prevailing plaintiff.
Under existing criminal 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 specified
provisions.
This bill would declare the intent of the Legislature to enact
legislation that would establish a private cause of action against
any person who knowingly and without consent impersonates another
person through or on an Internet Web site.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1708.87 is added to the
Civil Code , to read:
1708.87. (a) A private cause of action lies against any person
who knowingly and without consent credibly impersonates another
person through or on an Internet Web site or by other electronic
means and intentionally induces another to believe the person is the
impersonated person, if that other person suffers any general or
special damages as described in Section 48a. 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.
(b) A private cause of action lies against any person who
knowingly uses another person's likeness without that person's
knowledge or consent, in furtherance of a violation of subdivision
(a), if the person whose likeness was used has sustained general or
special damages as described in Section 48a.
(c) The court may award reasonable attorney's fees and court costs
to the prevailing plaintiff.
(d) For purposes of this section, "electronic means" shall include
opening an email account or an account or profile on a social
networking Internet Web site in another person's name.
SECTION 1. It is the intent of the Legislature
to enact legislation that would establish a private cause of action
against any person who knowingly and without consent impersonates
another person through or on an Internet Web site.
