BILL NUMBER: SB 412 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 20, 2001
AMENDED IN ASSEMBLY JULY 12, 2001
AMENDED IN SENATE MAY 8, 2001
INTRODUCED BY Senator Vasconcellos
FEBRUARY 21, 2001
An act to repeal the heading of Article 3 (commencing with Section
18320) of, and to add and repeal Article 3 (commencing with Section
18320) of, Chapter 4 of Division 18 of, the Elections Code, relating
to campaign practices.
LEGISLATIVE COUNSEL'S DIGEST
SB 412, as amended, Vasconcellos. Campaign practices: political
cyberfraud.
Existing law makes it unlawful for a person, with bad faith
intent, to register, traffic in, or use an Internet domain name, as
defined, that is identical or confusingly similar to the personal
name of another living person or deceased personality, without regard
to any goods or services offered.
This bill would make it unlawful for a person, with intent to
mislead, deceive, or defraud, to commit an act of political
cyberfraud.
This bill would define "political cyberfraud" as an act concerning
a political Web site, as defined, that is committed with intent to
deny a person access to a political Web site, deny a person the
opportunity to register a domain name for a political Web site, or
cause a person reasonably to believe that a political Web site has
been posted by a person other than the person who posted the Web
site. It would provide that political cyberfraud includes, but is
not limited to, specified acts.
This bill would not apply to a domain name registrar, registry, or
registration authority. It would make a violation of its provisions
a misdemeanor punishable by a fine not to exceed $1,000 for each day
the violation occurs and would authorize a court to order the
transfer of a domain name as part of the relief awarded. By creating
a new crime, this bill would impose a state-mandated local program.
This bill would remain in effect only until January 1, 2003.
Existing law (Ch. 975, Stats. 2000) creates the Bipartisan
California Commission on Internet Political Practices to study the
issues presented by political activity on the Internet, and to report
thereon to the Legislature by December 1, 2001.
This bill would require the commission to include in its study the
issue of political cyberfraud.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The World Wide Web is a unique arena for the free and open
exchange of ideas.
(b) "Political cybersquatting" stifles that open exchange, thus
undermining the essential element of our democracy.
(c) During the November 7, 2000, general election, the opponents
of Proposition 36, the drug treatment initiative, engaged in
political cybersquatting, the cynical and deceitful practice of
co-opting the Web site domain name, or address, of a competitor in
order to keep the public away from the competitor's Web site.
(d) The opponents registered several domain names that would be
reasonably foreseen to support passage of Proposition 36. When
persons using the Internet entered one of the "Yes on Proposition 36"
Web site addresses, the person was directed instead (and
involuntarily) to the official "No on Proposition 36" Web site.
(e) Political cybersquatting has the effect of denying a voter
access, or interfering with a voter's access, to information that
will allow the person to make a knowledgeable electoral decision. It
is the equivalent of stealing campaign literature out of a voter's
mailbox because it prevents a voter from accessing or being aware of
particular electoral information.
(f) Political cybersquatting violates principles of free speech by
denying unfettered access to the free and open exchange of ideas.
Therefore, it is the intent of the Legislature to protect that free
and open exchange of ideas at the heart of our electoral system by
prohibiting the act of political cybersquatting.
SEC. 2. The heading of Article 3 (commencing with Section 18320)
of Chapter 4 of the Elections Code is repealed.
SEC. 3. Article 3 (commencing with Section 18320) is added to
Chapter 4 of Division 18 of the Elections Code, to read:
Article 3. Deceptive Online Activities
18320. (a) This act shall be known and may be cited as the
"California Political Cyberfraud Abatement Act."
(b) It is unlawful for a person, with intent to mislead, deceive,
or defraud, to commit an act of political cyberfraud.
(c) As used in this section:
(1) "Political cyberfraud" means a knowing and willful act
concerning a political Web site that is committed with the intent to
deny a person access to a political Web site, deny a person the
opportunity to register a domain name for a political Web site, or
cause a person reasonably to believe that a political Web site has
been posted by a person other than the person who posted the Web
site. Political cyberfraud includes, but is not limited to, any of
the following acts:
(A) Intentionally diverting or redirecting access to a political
Web site to another person's Web site by the use of a similar domain
name, meta-tags, or other electronic measures.
(B) Intentionally preventing or denying exit from a political Web
site by the use of frames, hyperlinks, mouse-trapping, pop-up
screens, or other electronic measures.
(C) Registering a domain name that is similar to another domain
name for a political Web site with intent to cause confusion.
(D) Intentionally preventing the use of a domain name for a
political Web site by registering and holding the domain name or by
reselling it to another with the intent of preventing its use.
(2) "Domain name" means any alphanumeric designation that is
registered with or assigned by any domain name registrar, domain name
registry, or other domain registration authority as part of an
electronic address on the Internet.
(3) "Political Web site" means a Web site that urges or appears to
urge the support or opposition of a statewide ballot measure.
(4) "Statewide ballot measure" means a measure that has been
certified to appear on a statewide ballot.
18321. This article does not apply to a domain name registrar,
registry, or registration authority.
18322. A violation of this article is a misdemeanor punishable by
a fine not to exceed one thousand dollars ($1,000) for each day the
violation occurs. A court may order the transfer of a domain name as
part of the relief awarded.
18323. Jurisdiction for actions brought pursuant to this article
shall be in accordance with Section 410.10 of the Code of Civil
Procedure.
18324. This article shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted statute
that is enacted on or before January 1, 2003, deletes or extends
that date.
SEC. 4. The Bipartisan California Commission on Internet
Political Practices (Ch. 975, Stats. 2000) shall include in its
study the issue of political cyberfraud.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.