Tackling Twitter and Facebook Fakes: ID Theft in Social Media

Abstract

Brief article on how to tackle identity theft in social media such as Twitter and Facebook. General comparative analysis on developments in the Netherlands, the United Kingdom and the United States. Discusses recent legislation in California (article 528.5 of the Californian Penal Code) which prohibits "knowingly and without consent credibly impersonating another person on the internet." Contains a brief practical outline of various options for taking legal action against such forms of ID theft in social media and the distinction with parody or clearly fake user accounts.

Also critizes Twitter and Facebook for failing to ensure proper verification of users before opening social media accounts and suggests fiduciary duty to do so.

Note: at the publisher's request, this article was also published in World Data Protection Report, Vol. 12, No. 4, April 2012, p. 1-3 (available at http://ssrn.com/abstract=2047190).

Keywords: Identity theft, ID, theft, privacy, social media, Twitter, Facebook, tort, personal name, 528, fraud, impersonation, FICQ, FIRSHT, Applause Store, fake, user accounts, internet, law, Zuckerberg, Tsoutsanis

JEL Classification: O34, K42