Code Section Group

Elections Code - ELEC

DIVISION 18. PENAL PROVISIONS [18000 - 18700]

  ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. )

CHAPTER 4. Election Campaigns [18301 - 18390]

  ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

ARTICLE 3. Deceptive Online Activities [18320 - 18323]
  ( Article 3 added by Stats. 2003, Ch. 277, Sec. 5. )

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 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.

(Amended by Stats. 2017, Ch. 715, Sec. 1. (AB 1104) Effective January 1, 2018.)

18321.
  

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

(Added by Stats. 2003, Ch. 277, Sec. 5. Effective January 1, 2004.)

18322.
  

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.

(Added by Stats. 2003, Ch. 277, Sec. 5. Effective January 1, 2004.)

18323.
  

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

(Added by Stats. 2003, Ch. 277, Sec. 5. Effective January 1, 2004.)

ELECElections Code - ELEC3