No, but this shouldn't surprise you. We are a nation of bureaucrats,
aren't we? A wide range of federal laws relate to identity theft.
These laws can be grouped into 4 main categories: Identity
theft specific laws, false identification
laws, privacy and personal data
laws, and credit law.
Identity theft specific laws are those that were
designed and enacted to criminalize the act of identity
theft.
False Identification laws deal specifically with
fraud in connection with personal identifying documents.
Privacy and personal data laws can help prevent
identity theft by regulating how personal identifying information
(PII) is collected and disseminated. piece
Laws regarding credit directly impact victims of
identity theft, as those individuals must restore their credit ratings
and limit their liability for unauthorized debts.
The two Most frequently cited laws are: 1. Identity Theft and Assumption Deterrence Act of 1998
P.L. 105-318
Enacted H.R. 4151, October 30, 1998
112 Sat. 3007, codified at 18 U.S.C § 1028
The Identity
Theft and Assumption Deterrence Act of 1998 was the first
piece of federal legislation to deal directly with identity
theft. For the first time, ID Theft became a named federal
crime, making it somewhat easier for law enforcement to prosecute.
The Act established
the Federal Trade Commission (FTC) as the government
entity charged with establishing “procedures to log and acknowledge
the receipt of complaints by individuals", as well as
educate and assist potential victims. The term “means
of identification" is described as a person’s "name,
social security number, date of birth, official State or government
issued driver's license or identification number, alien registration
number, government passport number, employer or taxpayer identification
number." (18 U.S.C. § 1028(d)(7)). The U.S. Sentencing Commission
is directed to incorporate the crime of ID theft into the United States
Sentencing Guidelines Manual (United States Sentencing Commission,
Identity Theft: Final Report)
The Identity
Theft Penalty Enhancement Act, passed in July 2004, established
penalties for aggravated identity theft. This includes instances
when identity theft has been used as one step in a process of more serious
crimes, such as terrorist acts, immigration violations, and firearms
offenses. The Act directs the U.S. Sentencing Commission to amend the
Federal sentencing guidelines so that individuals who gain access to
the information used to commit identity theft at their place of employment
face increased penalties. The amendments set fourth by the United States
Sentencing Commission, implementing sections 2 and 5 of the Identity
Theft Penalty Enhancement Act were published in the May 11, 2005 Federal
Register. The Fair and Accurate Credit Transactions Act of 2003.
“Once your information is stolen, you must
be forever vigilant for new breaches. It may be placed on several
"lists of names", and may be bought by any number of interested
parties.”
Is the Identity Theft Act
enough? What are your responsibilities as a citizen?
Please remember, laws by themselves will not prevent a thief from
committing the crime. They never do stop them. You have additional
responsibilities that, together with the Identity
Theft Act, should offer you some semblance of protection.
Call the police as soon as you can. The police
should take your report and give you a copy, or at least the number
of the report. You should also report the crime to your state law
enforcement, since many states have recently strengthened their
laws against identity theft. Creditors who have been victimized
in your name need a police report to pursue your case.
You may want to contact the office of your state's attorney
general for consumer fraud information. A complete list
of State's Attorney Generals may be found at www.naag.org.
Be sure to give the police copies of all the
documents that support your claim. You may want to provide them
with a notarized copy of the Federal Trade Commission’s
ID Theft Affidavit, print it HERE.
Since an identity is frequently stolen in one location and used
in another, you may also have to contact the police in the location
where the crime was committed. Your local law enforcement or the
creditors affected can tell you if this is the case.
Remember now that your personal information is "out there",
chances are very good that it may be circulating in more
than one identity theft circle. You must be forever vigilant
for additional breaches. To have your identity stolen is an event
that will forever change your life. Learn to embrace
it.
Start shopping around for suitable Identity Theft Protection.
Contact
Us for a link to what we believe is the best Identity Theft
Protection package, not only because we like them, but because of
their track record!
We are next going to focus on how Online
Identity Theft propagates itself and the true reason why no
number of Identity Theft Acts or Laws will ever make a difference
to the major players.
We are Anti-Spam!
Please
visit our Privacy Policy/Anti-Spam page
for a full explanation
of how we handle your personal information.
Privacy/Anti-Spam Policy.
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