WASHINGTON STATE

Washington State House Democrats

HOUSE DEMOCRATS

Helping victims fight back against malicious online imposters

Her friend had known her for 20 years but was still fooled by the Facebook page that had Susan Arnout Smith’s name and picture along with statements that she was trolling for sex and offered to pay “good money.”

This was just the beginning of the nightmare Smith recounted in Salon magazine in February, and it is only one example of the fast-growing Internet threat of malicious impersonations.

■ A Wyoming woman was bound and raped at knifepoint in her home after a vindictive ex-boyfriend impersonated her in a Craigslist ad that said, “Need a real aggressive man with no concern for women.” The rapist reportedly said, “I’ll show you aggressive.”

■ A Tacoma home was stripped bare in 2007 after a Craigslist ad posted in the victim’s name said “Moving out … House being demolished. Come and take whatever you want, nothing is off limits.” People fooled by the ad emptied the house, taking even the front door and kitchen sink.

■ A Connecticut woman was humiliated by a fake Facebook page in her name that made degrading statements about her life and personal preferences. Cruel online impersonations have become a favorite weapon of cyber-bullies.

■ Six strangers hunting for sex confronted another Connecticut woman at her home after someone pretending to be her posted a Craigslist ad that said “Married West Hartford soccer mom … looking for group sex.”

No one is safe from online imposters. Smith said her name and picture were chosen at random.

Youth or others who hang out online are particularly easy targets, because their photos and personal details can be harvested from the web to make bogus personal ads or social-networking pages more convincing.

Even people who never use the Internet can be victimized, and they may be the last to know that their good name or photograph is being dragged through the mud of another’s malice.

Victims cannot rely on Washington state law to protect them. Mary Fan, a professor and former prosecutor who specializes in criminal law and privacy at the University of Washington School of Law, warns that our existing laws never contemplated this new online threat and provide little deterrence to imposters or protection for victims.

Fan is urging state lawmakers to support House Bill 1652 and give the citizens of Washington the ability to protect themselves against online impersonators.

HB 1652 enables victims to pursue civil remedies when they are harmed by online impersonators at social networking sites and online bulletin boards, where the most appalling cases are occurring.

We worked with representatives of Internet and technology industries, and the motion picture industry, to craft legislation that focuses squarely on malicious online imposters and respects our freedoms of speech. There are built-in exemptions for satires and parodies of public figures, works of art and social commentary. The bill’s narrow focus and free-speech protections enabled it to pass the House unanimously.

But the most important safeguards in the bill are its protections for the victims and potential victims of vicious online impersonators.

This issue may seem minor compared to our need to fix Washington’s budget problems. But my proposal for civil remedies can protect victims without adding to the deficit.

Recent events in Egypt and the Middle East have shown the amazing potential of social media to bring people together and transform our world. But online imposters have shown that social media and bulletin boards can also be used to harm and publicly humiliate innocent victims.

The best way to deter these imposters is to give victims a way to fight back. That’s what House Bill 1562 does.