Deceptive Online Activities - Election Campaigns - Elections - CA

Section § 18320

The "California Political Cyberfraud Abatement Act" makes it illegal to commit political cyberfraud. Political cyberfraud involves deliberately misleading actions related to political websites, like deceiving visitors about who runs a site or blocking access to specific political sites.

This includes redirecting users from one political site to another using similar domain names, trapping users on a site, registering deceptive domain names, or preventing others from using certain domain names. Ultimately, the act aims to protect voters from being tricked or denied access to accurate political information online.

(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 person’s 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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Section § 18321

This law section states that the rules in this article do not apply to organizations that manage or register internet domain names.

This article does not apply to a domain name registrar, registry, or registration authority.

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Section § 18322

If someone breaks this law, the court can require that a domain name be transferred as part of the punishment or remedy. This is an extra option the court has beyond other typical consequences.

In addition to any other remedies available under law, a court may order the transfer of a domain name as part of the relief awarded for a violation of this article.

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Section § 18323

This law section states that any legal actions that arise under this article must follow the rules for court jurisdiction as outlined in another legal provision, specifically Section 410.10 of the Code of Civil Procedure.

Jurisdiction for actions brought pursuant to this article shall be in accordance with Section 410.10 of the Code of Civil Procedure.

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