House Bill Seeks To Make Online Impersonation Illegal
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Tuesday, February 24, 2015
Annie Ellison, GoLocalPDX Reporter
A bill introduced in the Oregon House of Representatives would make it illegal to impersonate someone else online.
House Bill 3092, introduced by Rep. Cliff Bentz (R-Ontario), moves to punish online impersonation -- including through social media, messenger and email correspondence -- with a maximum of one year in prison, a $6,250 fine, or both.
When someone is impersonated online, it is largely up to the police as to whether they will prosecute, Bentz said.
“One of the excuses the law enforcement used was ‘why bother,’” Bentz said of an incident among his constituents that involved online impersonation.
Recent events in the state have brought online impersonation, and a lack of police enforcement, into the spotlight. Most recently, this includes controversy over who filed a police complaint that led to a teen being charged with public indecency after allegedly filming a pornographic video in the Oregon State University (OSU) library.
The OSU student listed as the complainant on the Jan. 27 Oregon State Police media log, Kaitlyn Yarnell, alleges she did not file the complaint against 19-year-old Kendra Sunderland, who was arrested and released after admitting she shot an indecent video in the Valley Library in October. Yarnell alleges one of her room mates used her computer's email suite to file the complaint in her name.
Still, almost a month later, Yarnell’s name remains on the police media log, a public document, despite attempts to have it removed.
Oregon State Police Public Information Officer Josh Brooks said once the police receive notice of a crime, they investigate it, and the identity of the person who filed the complaint is secondary to the investigation.
“Generally speaking, it’s not a priority,” Brooks said. “The complainant in the investigation, unless they’re the victim, it’s really ancillary in what we’re trying to do."
Criminal and Civil Claim
Bentz said concern from his constituents about online impersonation spurred him to move the bill forward. But, the measure could have more wide-ranging effects on issues involving social media and cyber-bullying.
In addition to creating a criminal statute, House Bill 3092 would give a person being impersonated online right to claim civil injury, providing that an individual who "suffers harm as victim of online impersonation has cause of action against [the] defendant."
Bentz and House Rep. Jodi Hack are the bill’s chief sponsors, while the measure drew backing from Reps. Sal Esquivel , Dallas Heard , Wayne Krieger , Bill Post , Greg Smith , Gene Whisnant , and Senator Ted Ferrioli.
Although the backers are entirely from the Republican caucus, Bentz argues the bill crosses party lines.
“There’s nothing partisan about this bill,” he said.
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