by Amy Coleman, Staff Writer
For those that are not up to
speed on the Facebook lingo, a “Catfish,” as first coined in the eponymous Independent
Film, “is someone who pretends to be someone they're not[,]
using Facebook or other social media to create false identities, particularly
to pursue deceptive online romances.” The
term was used to put similarity between an online impersonator and a catfish’s behavior.
Shippers use catfish to keep other fish active.
In the same way, online impersonators keep you guessing. “Catfishing” is
the act of impersonating someone online.
 |
| Dutch angler Lucas van der Geest poses with this giant Wels Catfish outside of Po, Italy. |
But, even if you do not
know the proper terminology, I am quite certain you have heard about the Manti Te’o scam. If you
haven’t it’s time to come out from underneath that rock. Aside from any possible opinions on whether
Manti Te’o knew he was in a relationship with a man or whether he made up the
scam for publicity, one thing is clear: no one had Diane O’Meara’s permission
to create a Twitter profile with her name and photographs.
 |
| Military scammers impersonate Medal of Honor recipient Staff Sergeant Sal Giunta © milblogging.com |
[1]If you think a Heisman-hopeful Football player who got
tricked into a relationship with a man is all this story entails, think about
this: What if someone used your information? Even worse, what if someone set up an account
in your name and spoke to your family? Your friends? Your co-workers? Your
boss? The possibilities are limitless
with this kind of impersonation. And,
lawmakers are certainly catching on real fast.
In his Time Magazine article,
Victor Luckerson addresses just that: “Can
You Go to Jail for Impersonating Someone Online?” Prospective
legislation is not just aimed at the online relationships or impersonations, but
also include measures against anti-bullying messages. This could prove very
damaging for would-be impersonators.
Impersonations without malice could be prosecuted in the same way as
those who attempt to harass or de-fraud.
Further, even if there is not a
criminal statute in place that covers online impersonation, there are still
private causes of action that may apply.
For
example, Intentional Infliction of Emotional Distress, Fraud,
Misrepresentation, and Negligence. But, all states that have created an
applicable criminal offense have a
private cause of action.
My Advice: Watch Out Catfish,
it’s Fishing Season.
Rundown of State Legislation on the Topic
State
|
Crime
|
Punishment
|
Arizona
|
House Bill 2004-
*NOT YET PASSED*[2]
|
Class 5 Felony- Imprisonment up to 1.5 years[3]
Class 1 Misdemeanor- Up to 6 months Imprisonment[4]
|
California
|
Misdemeanor-
Imprisonment for up to 1 year, up to $1000 fine[7]
|
|
Hawaii
|
Harassment by Online Impersonation[8]
|
Misdemeanor-Imprisonment up to 1 year[9]
|
Louisiana
|
Online
Impersonation[10]
|
|
Mississippi
|
Online Impersonation[13]
|
Misdemeanor- 10 days-1 year Imprisonment, $250-$1000 Fine[14]
|
New York
|
Criminal
Impersonation in the 2d Degree[15]
|
|
Pennsylvania
|
Criminal Online Impersonation
*Referred to House Judiciary Committee*[18]
|
Third Degree Misdemeanor- up to 90 [19]days
Imprisonment, $250-$5000 Fine
|
Texas
|
Online
Impersonation[20]
|
Felony
in the third degree- 2-10 years
Imprisonment, up to $10,000 fine[21]
Class
A Misdemeanor-Imprisonment for up to 1 year, up to $4000 fine[22]
|
Washington
|
Electronic Impersonation[23]
|
Civil Cause of Action[24]
|
