Digital identity protection.

Plain English Breakdown

The bill summary does not provide specific details on how courts will interpret 'knowledge or bad faith' when determining damages.

Digital Identity Protection Act

This law allows people or organizations to sue others for using their digital identities without permission and makes such impersonation a crime.

What This Bill Does

• Allows individuals or entities with personal or organizational digital identities to seek legal action against those who use their identities without consent.
• Amends the existing unlawful impersonation through electronic means law to include impersonating another person's digital identity, making it punishable by up to one year in jail and/or a fine of $1,000.

Who It Names or Affects

• People who have personal digital identities (like usernames or email addresses).
• Organizations that use digital identities for their business operations.
• Individuals who impersonate others' digital identities without permission.

Terms To Know

Digital Identity

A unique identifier used online, such as a username or email address.

Impersonation

Acting in the place of another person without their permission.

Limits and Unknowns

• The law only applies to digital identities and does not cover other types of identity theft.
• It is unclear how courts will interpret what constitutes 'knowledge or bad faith' when determining damages.

Official Summary Text

Bill Summary - 22LSO-0203
Bill No.:

HB0070

Effective:

7/1/2022 12:00:00 AM

LSO No.:

22LSO-0203

Enrolled Act No.:

HEA No. 0007

Chapter No.:

17

Prime Sponsor:

Select Committee on Blockchain, Financial Technology and Digital Innovation Technology

Catch Title:

Digital identity protection.

Subject:

Provides additional protections for personal and organizational digital identities.

Summary/Major Elements:

Creates a civil cause of action for impersonation of another's personal or organizational digital identity.

Incorporates personal and organizational digital identity into the crime of unlawful impersonation through electronic means, making it a misdemeanor to impersonate another's personal or organizational digital identity without consent.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

22LSO-0203

ORIGINAL House

Bill No
.
HB0070

ENROLLED ACT NO. 7,

HOUSE OF REPRESENTATIVES

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2022 Budget Session

AN ACT relating to digital identity; allowing suit for impersonation of digital identity as specified; amending unlawful impersonation through electronic means to include impersonation of digital identity; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 40
‑
30
‑
103 is created to read:

40
‑
30
‑
103.

Impersonation of digital identity; remedies.

(a)

Any person with a personal or organizational digital identity may proceed by suit to enjoin the use of any impersonations, counterfeits or imitations thereof and any court of competent jurisdiction may grant injunctions to restrain such use as may be by the said court deemed just and reasonable, and may require the defendants to pay to such person all profits derived from or all damages suffered by reason of such wrongful use.

The court, in its discretion, may enter judgment for an amount not to exceed three (3) times any profits or damages and reasonable attorneys' fees of the prevailing party in cases where the court finds the other party committed wrongful acts with knowledge or in bad faith or otherwise as according to the circumstances of the case.

(b)

The enumeration of any right or remedy herein shall not affect a person's right to prosecute under any penal law of this state.

Section 2
.

W.S. 6
‑
3
‑
902(a)(intro) and (b) by creating new paragraphs (iv) and (v) is amended to read:

6
‑
3
‑
902.

Unlawful impersonation through electronic means; penalties; definitions; civil remedies.

(a)

A person is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both, if he knowingly and without consent intentionally impersonates another person
or that person's personal or organizational digital identity
through, or on, an internet website or by other electronic means, including, but not limited to spoofing, and:

(b)

For purposes of this section:

(iv)

"Personal digital identity" means as defined in W.S. 8
‑
1
‑
102(a)(xviii);

(v)

"Organizational digital identity" means as defined in W.S. 8
‑
1
‑
102(a)(xix).

Section 3
.

This act is effective July 1, 2022
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1