Is it Illegal to Make a Fake Facebook Profile?

If you're creating a fake account on Facebook (or most other social media sites), there's a good chance you're violating the terms of service. In this instance, the law is clear: According to the Ninth Circuit Court of Appeals, it isn't illegal to violate a term of service. This advice comes with some pitfalls, however, as other actions taken while violating the terms of service could still violate criminal or civil law. As always, use common sense.

It's almost always illegal to impersonate a public servant. Many states don't even require you to act like an actual existing person to face penalties: Missouri and Indiana, among others, only require you to act in an official manner with the intent of getting someone else to do what you say. Even if you don't think you're doing that, it's a bad idea to seriously act like a public servant online if you're not one.

Public servants aren't the only ones protected from having their identity or credentials faked on the Internet. Other false Facebook posts, depending on your actions and intent, could result in your being charged with serious crimes, from fraud to larceny or worse. If the purpose of a false account or a post made from it is to defraud others, rest assured prosecutors will consider, and likely charge, the creator with something related to the impersonation.

As risky as creating a fake Facebook account can be in criminal law, there are just as many precedents in civil cases around the country, and the results are much the same. Teachers and school administrators have successfully sued the creators of false accounts using their names and images. Others have sued and won for accounts that mock, bully or otherwise defame them or cause distress. No matter the reason, judges clearly don't like parody accounts that have the potential to ruin others' lives.

As lawmakers struggle to word laws that encompass broad ideas like cyberbullying and social engineering, cases in which people are harmed or harm themselves as the result of a fake Facebook profile are sure to receive extra scrutiny from everyone involved as well as outside observers. Whatever your opinion of the effects of -- or punishments for those convicted of -- related crimes, be safe: do not create a parody account of a real person.

There would likely be less repercussions for a parody account satirizing an inept police force or a profile for a fictional character (though they still violate Facebook's terms of service) than one created with the intent of defrauding, defaming, or otherwise harming others. That said, misrepresenting yourself online is something that calls for reflection before you proceed. If what you're doing could be considered bad or illegal by anyone, strongly consider stopping. The law doesn't like copycats.