AB-1104 (Revised 8320.5) AB-1104 The California Political Cyberfraud Abatement Act.(2017-2018)

Are we going the way of China?  Currently, they employee in access of 30,000 live auditors to censure and control the internet traffic in the country to ensure a compliant population as it relates to internet traffic.

Committee Hearing Date: 03/28/17

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The California Political Cyberfraud Abatement Act

California Legislature—2017–18 regular session | ASSEMBLY BILL No. 1104

Introduced by Assembly Member Chau February 17, 2017

An act to amend Section 18320 of, and to add Section 18320.5 to, the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1104, as introduced, 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. The bill would also make it unlawful for a person to knowingly and willingly make, publish or circulate on a Web site, or cause to be made, published, or circulated in any writing posted on a Web site, a 99 false or deceptive statement designed to influence the vote on any issue submitted to voters at an election or on any candidate for election to public office. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

line 1 SECTION 1. Section 18320 of the Elections Code is amended line 2 to read: line 3 18320.

(a)  This act shall be known and may be cited as the line 4 “California Political Cyberfraud Abatement Act.” line 5

(b)  It is unlawful for a person, with intent to mislead, deceive, line 6 or defraud, to commit an act of political cyberfraud. line 7

(c)  As used in this section: line 8 (1)  “Political cyberfraud” means a knowing and willful act line 9 concerning a political Web site that is committed with the intent line 10 to deny a person access to a political Web site, deny a person the line 11 opportunity to register a domain name for a political Web site, or line 12 cause a person reasonably to believe that a political Web site has line 13 been posted by a person other than the person who posted the line 14 Internet Web site, and would cause a reasonable person, after line 15 reading the Internet Web site, to believe the site actually represents line 16 the views of the proponent or opponent of a ballot measure. line 17 measure or of a candidate for public office. Political cyberfraud line 18 includes, but is not limited to, any of the following acts: line 19

(A)  Intentionally diverting or redirecting access to a political line 20 Web site to another person’s Internet Web site by the use of a line 21 similar domain name, meta-tags, or other electronic measures. line 22

(B)  Intentionally preventing or denying exit from a political line 23 Web site by the use of frames, hyperlinks, mousetrapping, popup line 24 screens, or other electronic measures. line 25

(C)  Registering a domain name that is similar to another domain line 26 name for a political Web site. line 27

(D)  Intentionally preventing the use of a domain name for a line 28 political Web site by registering and holding the domain name or line 29 by reselling it to another with the intent of preventing its use, or line 30 both. line 31

(2)  “Domain name” means any alphanumeric designation that line 32 is registered with or assigned by any domain name registrar, 99 AB 1104 — 2 — line 1 domain name registry, or other domain registration authority as line 2 part of an electronic address on the Internet. line 3

(3)  “Political Web site” means a an Internet Web site that urges line 4 or appears to urge the support or opposition of a ballot measure. line 5 measure or a candidate for public office. line 6 SEC. 2. Section 18320.5 is added to the Elections Code, to line 7 read: line 8 18320.5. It is unlawful for a person to knowingly and willingly line 9 make, publish or circulate on an Internet Web site, or cause to be line 10 made, published, or circulated in any writing posted on an Internet line 11 Web site, a false or deceptive statement designed to influence the line 12 vote on either of the following: line 13 (a)  Any issue submitted to voters at an election.

Here’s updated info on the progress of the bill:

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=201720180AB1104

For more insight into the workings of international political hacking, please visit the following article: 

https://etymology01.com/2017/03/22/defence-one-cyber-warfare/

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