Online Impersonation And Identity Fraud
What is Online Impersonation?
Online impersonation is when someone pretends to be another person using digital means — such as fake social media profiles, emails, or websites — to deceive others. The goal can range from causing emotional harm to committing crimes like fraud or harassment.
What is Identity Fraud?
Identity fraud involves illegally obtaining and using someone else’s personal information (like Social Security numbers, bank account details, or login credentials) to commit theft, access financial accounts, or gain other benefits fraudulently.
Key Features of Online Impersonation and Identity Fraud:
Deception: Using someone else’s identity or creating a false identity.
Unauthorized Access: Accessing or controlling accounts without permission.
Financial or Reputational Harm: Often results in monetary loss or damage to reputation.
Technology-Driven: Utilizes email, social media, phishing, hacking, or malware.
Case Law Examples
1. United States v. Lori Drew (2008)
Facts: Lori Drew created a fake MySpace account impersonating a teenage boy to harass a girl, which led to the girl’s suicide.
Legal Issues: Charges included violations of the Computer Fraud and Abuse Act (CFAA) for unauthorized access.
Outcome: The jury convicted Drew on misdemeanor charges related to unauthorized access, but the case raised significant debates on online impersonation liability.
Significance: Highlighted the legal challenges in prosecuting online impersonation under existing computer crime laws and the emotional harm caused.
2. People v. Zhang (California, 2014)
Facts: The defendant hacked into multiple social media accounts to impersonate individuals and post damaging content.
Legal Issues: Identity theft, unauthorized computer access, and cyber harassment.
Outcome: Zhang was convicted of multiple counts of identity theft and unauthorized access, with a prison sentence.
Significance: This case underscored the criminal consequences of online impersonation combined with identity fraud.
3. United States v. Aleynikov (2012)
Facts: Aleynikov was convicted of stealing proprietary code from his employer and uploading it to a personal server to impersonate and gain unauthorized access to company resources.
Legal Issues: Theft of trade secrets, unauthorized access, identity fraud.
Outcome: Conviction was initially overturned on technical grounds, but it raised awareness on online impersonation in corporate espionage.
Significance: Demonstrated the intersection of identity fraud with corporate and cybercrime.
4. State v. Thomas (New Jersey, 2016)
Facts: Thomas created a fake social media profile pretending to be a law enforcement officer to deceive and scam victims.
Legal Issues: Online impersonation, fraud, impersonating a public official.
Outcome: Convicted of multiple counts of identity fraud and impersonation with jail time.
Significance: Emphasized the seriousness of impersonating officials online and its impact on public trust.
5. Facebook Inc. v. Power Ventures, Inc. (2016)
Facts: Power Ventures created a service that aggregated users’ social media data by logging into their accounts with stored credentials, effectively impersonating users.
Legal Issues: Violations of the Computer Fraud and Abuse Act for unauthorized access.
Outcome: The court ruled in favor of Facebook, holding that Power Ventures exceeded authorized access and engaged in identity fraud.
Significance: Important for clarifying the boundaries of authorized access and online impersonation in digital platforms.
6. United States v. Kim (2018)
Facts: Kim used stolen personal information to open fraudulent bank accounts and make unauthorized transactions.
Legal Issues: Identity theft, wire fraud, online impersonation.
Outcome: Convicted and sentenced to prison with restitution orders.
Significance: Showed how identity fraud involving online impersonation leads to serious federal penalties.
Summary of Legal Principles
| Aspect | Explanation | Case Example |
|---|---|---|
| Unauthorized Access | Accessing accounts without permission | People v. Zhang |
| Emotional Harm | Using impersonation to harass or intimidate | United States v. Lori Drew |
| Fraud and Theft | Using stolen identity for financial gain | United States v. Kim |
| Impersonating Officials | Enhances seriousness due to public trust issues | State v. Thomas |
| Digital Platform Rules | Violations of platform terms can lead to CFAA claims | Facebook v. Power Ventures |
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