California 2017-2018 Regular Session

California Assembly Bill AB1104 Compare Versions

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1		-	Assembly Bill No. ~~1104 CHAPTER 715~~ An act to amend Section 18320 of the Elections Code, relating to elections. ~~[ Approved by Governor October 12, 2017. Filed with Secretary of State October 12, 2017. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 1104, Chau. The California Political Cyberfraud Abatement Act.Existing law makes it unlawful for a person, with intent to mislead, deceive, or defraud, to commit an act of political cyberfraud, as defined. Existing law defines the term political cyberfraud to include 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 to 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, and would cause a reasonable person, after reading the Web site, to believe the site actually represents the view of the proponent or opponent of a ballot measure. Existing law also defines the term political Web site to mean an Internet Web site that urges or appears to urge the support or opposition of a ballot measure.This bill would modify the definition of the terms political cyberfraud and political Web site to include Internet Web sites that urge or appear to urge the support or opposition of candidates for public office.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 18320 of the Elections Code is amended to read: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 Internet Web site, and would cause a reasonable person, after reading the Internet Web site, to believe the site actually represents the views of the proponent or opponent of a ballot measure or of a candidate for public office. 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 persons Internet 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, mousetrapping, popup screens, or other electronic measures.(C) Registering a domain name that is similar to another domain name for a political Web site.(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, or both.(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 an Internet Web site that urges or appears to urge the support or opposition of a ballot measure or a candidate for public office.
	1	+	Enrolled September 13, 2017 Passed IN Senate September 11, 2017 Passed IN Assembly May 31, 2017 Amended IN Assembly April 19, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1104Introduced by Assembly Member ChauFebruary 17, 2017 An act to amend Section 18320 of the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 1104, Chau. The California Political Cyberfraud Abatement Act.Existing law makes it unlawful for a person, with intent to mislead, deceive, or defraud, to commit an act of political cyberfraud, as defined. Existing law defines the term political cyberfraud to include 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 to 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, and would cause a reasonable person, after reading the Web site, to believe the site actually represents the view of the proponent or opponent of a ballot measure. Existing law also defines the term political Web site to mean an Internet Web site that urges or appears to urge the support or opposition of a ballot measure.This bill would modify the definition of the terms political cyberfraud and political Web site to include Internet Web sites that urge or appear to urge the support or opposition of candidates for public office.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 18320 of the Elections Code is amended to read: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 Internet Web site, and would cause a reasonable person, after reading the Internet Web site, to believe the site actually represents the views of the proponent or opponent of a ballot measure or of a candidate for public office. 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 persons Internet 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, mousetrapping, popup screens, or other electronic measures.(C) Registering a domain name that is similar to another domain name for a political Web site.(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, or both.(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 an Internet Web site that urges or appears to urge the support or opposition of a ballot measure or a candidate for public office.
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3		-	Assembly Bill No. 1104 CHAPTER 715 An act to amend Section 18320 of the Elections Code, relating to elections. [ Approved by Governor October 12, 2017. Filed with Secretary of State October 12, 2017. ] LEGISLATIVE COUNSEL'S DIGESTAB 1104, Chau. The California Political Cyberfraud Abatement Act.Existing law makes it unlawful for a person, with intent to mislead, deceive, or defraud, to commit an act of political cyberfraud, as defined. Existing law defines the term political cyberfraud to include 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 to 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, and would cause a reasonable person, after reading the Web site, to believe the site actually represents the view of the proponent or opponent of a ballot measure. Existing law also defines the term political Web site to mean an Internet Web site that urges or appears to urge the support or opposition of a ballot measure.This bill would modify the definition of the terms political cyberfraud and political Web site to include Internet Web sites that urge or appear to urge the support or opposition of candidates for public office.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	3	+	Enrolled September 13, 2017 Passed IN Senate September 11, 2017 Passed IN Assembly May 31, 2017 Amended IN Assembly April 19, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1104Introduced by Assembly Member ChauFebruary 17, 2017 An act to amend Section 18320 of the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 1104, Chau. The California Political Cyberfraud Abatement Act.Existing law makes it unlawful for a person, with intent to mislead, deceive, or defraud, to commit an act of political cyberfraud, as defined. Existing law defines the term political cyberfraud to include 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 to 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, and would cause a reasonable person, after reading the Web site, to believe the site actually represents the view of the proponent or opponent of a ballot measure. Existing law also defines the term political Web site to mean an Internet Web site that urges or appears to urge the support or opposition of a ballot measure.This bill would modify the definition of the terms political cyberfraud and political Web site to include Internet Web sites that urge or appear to urge the support or opposition of candidates for public office.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	4	+
	5	+	Enrolled September 13, 2017 Passed IN Senate September 11, 2017 Passed IN Assembly May 31, 2017 Amended IN Assembly April 19, 2017
	6	+
	7	+	Enrolled September 13, 2017
	8	+	Passed IN Senate September 11, 2017
	9	+	Passed IN Assembly May 31, 2017
	10	+	Amended IN Assembly April 19, 2017
	11	+
	12	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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5	14		Assembly Bill No. 1104
6		-	CHAPTER 715
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	16	+	Introduced by Assembly Member ChauFebruary 17, 2017
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	18	+	Introduced by Assembly Member Chau
	19	+	February 17, 2017
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8	21		An act to amend Section 18320 of the Elections Code, relating to elections.
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10		-	[ Approved by Governor October 12, 2017. Filed with Secretary of State October 12, 2017. ]
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12	23		LEGISLATIVE COUNSEL'S DIGEST
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14	25		## LEGISLATIVE COUNSEL'S DIGEST
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16	27		AB 1104, Chau. The California Political Cyberfraud Abatement Act.
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18	29		Existing law makes it unlawful for a person, with intent to mislead, deceive, or defraud, to commit an act of political cyberfraud, as defined. Existing law defines the term political cyberfraud to include 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 to 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, and would cause a reasonable person, after reading the Web site, to believe the site actually represents the view of the proponent or opponent of a ballot measure. Existing law also defines the term political Web site to mean an Internet Web site that urges or appears to urge the support or opposition of a ballot measure.This bill would modify the definition of the terms political cyberfraud and political Web site to include Internet Web sites that urge or appear to urge the support or opposition of candidates for public office.
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20	31		Existing law makes it unlawful for a person, with intent to mislead, deceive, or defraud, to commit an act of political cyberfraud, as defined. Existing law defines the term political cyberfraud to include 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 to 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, and would cause a reasonable person, after reading the Web site, to believe the site actually represents the view of the proponent or opponent of a ballot measure. Existing law also defines the term political Web site to mean an Internet Web site that urges or appears to urge the support or opposition of a ballot measure.
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22	33		This bill would modify the definition of the terms political cyberfraud and political Web site to include Internet Web sites that urge or appear to urge the support or opposition of candidates for public office.
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24	35		## Digest Key
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26	37		## Bill Text
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28	39		The people of the State of California do enact as follows:SECTION 1. Section 18320 of the Elections Code is amended to read: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 Internet Web site, and would cause a reasonable person, after reading the Internet Web site, to believe the site actually represents the views of the proponent or opponent of a ballot measure or of a candidate for public office. 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 persons Internet 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, mousetrapping, popup screens, or other electronic measures.(C) Registering a domain name that is similar to another domain name for a political Web site.(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, or both.(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 an Internet Web site that urges or appears to urge the support or opposition of a ballot measure or a candidate for public office.
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30	41		The people of the State of California do enact as follows:
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32	43		## The people of the State of California do enact as follows:
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34	45		SECTION 1. Section 18320 of the Elections Code is amended to read: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 Internet Web site, and would cause a reasonable person, after reading the Internet Web site, to believe the site actually represents the views of the proponent or opponent of a ballot measure or of a candidate for public office. 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 persons Internet 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, mousetrapping, popup screens, or other electronic measures.(C) Registering a domain name that is similar to another domain name for a political Web site.(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, or both.(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 an Internet Web site that urges or appears to urge the support or opposition of a ballot measure or a candidate for public office.
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36	47		SECTION 1. Section 18320 of the Elections Code is amended to read:
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38	49		### SECTION 1.
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40	51		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 Internet Web site, and would cause a reasonable person, after reading the Internet Web site, to believe the site actually represents the views of the proponent or opponent of a ballot measure or of a candidate for public office. 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 persons Internet 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, mousetrapping, popup screens, or other electronic measures.(C) Registering a domain name that is similar to another domain name for a political Web site.(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, or both.(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 an Internet Web site that urges or appears to urge the support or opposition of a ballot measure or a candidate for public office.
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42	53		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 Internet Web site, and would cause a reasonable person, after reading the Internet Web site, to believe the site actually represents the views of the proponent or opponent of a ballot measure or of a candidate for public office. 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 persons Internet 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, mousetrapping, popup screens, or other electronic measures.(C) Registering a domain name that is similar to another domain name for a political Web site.(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, or both.(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 an Internet Web site that urges or appears to urge the support or opposition of a ballot measure or a candidate for public office.
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44	55		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 Internet Web site, and would cause a reasonable person, after reading the Internet Web site, to believe the site actually represents the views of the proponent or opponent of a ballot measure or of a candidate for public office. 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 persons Internet 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, mousetrapping, popup screens, or other electronic measures.(C) Registering a domain name that is similar to another domain name for a political Web site.(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, or both.(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 an Internet Web site that urges or appears to urge the support or opposition of a ballot measure or a candidate for public office.
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48	59		18320. (a) This act shall be known and may be cited as the California Political Cyberfraud Abatement Act.
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50	61		(b) It is unlawful for a person, with intent to mislead, deceive, or defraud, to commit an act of political cyberfraud.
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52	63		(c) As used in this section:
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54	65		(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 Internet Web site, and would cause a reasonable person, after reading the Internet Web site, to believe the site actually represents the views of the proponent or opponent of a ballot measure or of a candidate for public office. Political cyberfraud includes, but is not limited to, any of the following acts:
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56	67		(A) Intentionally diverting or redirecting access to a political Web site to another persons Internet Web site by the use of a similar domain name, meta-tags, or other electronic measures.
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58	69		(B) Intentionally preventing or denying exit from a political Web site by the use of frames, hyperlinks, mousetrapping, popup screens, or other electronic measures.
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60	71		(C) Registering a domain name that is similar to another domain name for a political Web site.
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62	73		(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, or both.
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64	75		(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.
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66	77		(3) Political Web site means an Internet Web site that urges or appears to urge the support or opposition of a ballot measure or a candidate for public office.