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Working Together: Identity Theft Laws and People
You might have felt pity when you heard the accounts of identity theft victims.
If you were in the same situation at one time in your life, you would know how it
feels to be in their shoes. That is why identity theft laws have been
created and passed to put a stop to this ongoing threat to people, companies and the
whole country for that matter.
The awareness of identity theft among consumers has reached its peak in the
past years. This is primarily due to the media coverage it is getting.
Because of this, consumers are becoming more wary when disclosing personal
information and having it given out without their consent, especially on
the Internet.
The outcries by members of the public have resulted in some legislative
attention brought to the issue, both on the federal level and in individual states.
The Identity Theft and Assumption Deterrence Act (18 USC 1028) was signed
in 1998. This law made identity theft a federal felony. That is, when someone
deliberately uses the identification of another person with the purpose of
committing any unlawful activity under federal and state law.
Those who have violated this law will be under close investigation
by federal agencies such as the U.S. Secret Service, the Social Security
Administration, the FBI, and the U.S. Postal Inspection Service. Such crimes
are prosecuted by the U.S. Department of Justice.
This law also allows for reimbursement for victims. It established an identity
theft clearinghouse within the Federal Trade Commission.
In the following years, 40 states have criminalized identity theft. Most
of them have also made it a felony.
In 2000, Senate Bill 2328 was signed by Senators Feinstein, Kyl, and Grassley.
This bill is called the "Identity Theft Prevention Act of 2000." This law
emphasizes more on the prevention that should be taken.
The latest addition to these laws is the Identity Theft Penalty Enhancement
Act (ITPEA) signed by President George Bush.
What are the provisions of this identity theft law?
Identity theft is now a felony and people committing these crimes are
given a mandatory two-year prison sentence.
If the identity theft is directly related to any terrorist activity, the
penalty is an additional five-year prison sentence.
This law also orders the U.S. Sentencing Commission to strengthen the penalties
to be given if the theft is found to be in the course of employment when
the act is committed.
Lastly, it does not allow the more lax judges to give out soft punishments like probation
and community work for offenders.
A lot of people are more than happy that this crime has been recognized and specific
laws created. It can be noted that in order to put a hold on identity
theft, drastic changes have to made in the credit industry as well.
It is also important that these laws address what the identity theft
victims have gone through. There should be a way for them to clear their name
if they have a criminal record through no fault of their own.
Some of the bills that have been passed include a provision making it possible
for individuals to get hold of the content of information about them that
is compiled by an information broker, employment background check service,
or individual reference service.
If wrongful information is reported in any background check for employment
or other purposes, it is vital that the persons on these investigations know
the precise information that has been given and the source from which the
information came.
For those persons who have wrongful criminal records, they must be able to
clear their records through an expedited process involving the law enforcement
agency that made the arrest, the court system where the warrant was issued,
and the official criminal record. Presently, there is no such procedure available
for victims of identity theft.
Identity theft laws should not be the only answer to this ongoing problem.
It is also vital that credit card companies and reporting industries
make an effort to assist consumers in stopping fraud altogether. They should
also be the ones to help victims recover from identity theft.
No matter how many identity theft laws are created and passed, this crime
will still continue if additional efforts are not added. It is important
that the people and the government should work together to stop identity
thieves in their tracks.
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