First Reading

              ILLINOIS GENERAL ASSEMBLY LEGISLATIVE RESEARCH UNIT
Volume 24, No. 3
M
idwestern States’ Tax Rates Compared.................2
Indiana Offers Health Savings Accounts to
Its Employees.......................................................5
Abstracts of reports required to be
filed with General Assembly..................................7
New LRU Executive Director.................................12
Inside this Issue
March
2011
(continued on p. 3)
Some States Attack Spoofing on Social Media Sites
States have begun to address the practice of posting messages on social media or other Internet sites, or creating e-mail accounts, under others’ names with­out their consent. Such acts can range from juve­nile pranks, to political tricks, to promoting violence against the object of the impersonation by making that person seem to have made unpopular statements in a public forum. Illinois appears to have no law di­rectly addressing this practice, but has a somewhat re­lated law and two current bills on the issue. At least four states (California, Hawaii, New York, and Texas) have laws on the subject.
Illinois
The Harassing and Obscene Communications Act prohibits harassment by electronic communication. It does not mention impersonation. But some kinds of impersonation might violate a section of the Criminal Code on “Computer fraud”:
(a) A person commits the offense of computer fraud when he knowingly:
(1) Accesses or causes to be accessed a computer or any part thereof, or a program or data, for the purpose of devising or executing any scheme, artifice to defraud, or as part of a deception; . . .
Violation is Class 4 felony, punishable by 1-3 years in prison or probation, and a fine of up to $25,000.
Senate Bill 51 (Silverstein) would prohibit “credibly impersonating” a person, using a Website or other electronic means, to harm, intimidate, threaten, or de­fraud anyone. This would include opening an account or profile in another’s name on a social network­ing site. Violation would be a Class A misdemeanor (punishable by up to a year in jail and/or a fine) for a first offense, or a Class 4 felony for a repeat offense.
Senate Bill 64 (Silverstein et al.) would prohibit false­ly representing oneself as another person through a Website or other electronic means to obtain a benefit or commit fraud, among other prohibited acts. Vio­lation would be a Class A misdemeanor. Both bills were in a Senate committee at press time.
California
A law effective January 1, 2011 says that anyone who knowingly and without consent “credibly imperson­ates” another person through or on a Website or by other electronic means (including creating an e-mail account or social networking profile in another per­son’s name) for the purpose of “harming, intimidat­ing, threatening, or defrauding” another person can be punished by up to 1 year in jail and/or fined up to $1,000. The victim also may sue for damages.
Hawaii
Anyone who poses as another person without that person’s consent, and transmits that person’s person­al information (defined as name, address, telephone number, or e-mail address) to anyone else orally, in writing, or by electronic means, with intent to harass, annoy, or alarm anyone, commits “harassment by im­personation.” This crime is punishable by up to 1 year in jail and a fine up to $2,000.
New York
It is a Class A misdemeanor to impersonate anyone through a Website or other electronic means with