Identity Theft & The Law

-------------------------------------------------------------------------------------------------------------------------------------------

IDENTITY THEFT & THE LAW

What are the laws with regard to identity theft? (US Based)

It's not a nice position to find yourself in - your identity stolen and finding out that there
are huge debts run up on your account. Since this crime has increased and got worse
with the development and availablity of the internet, there have been a number of laws
passed. This article will look at the laws that are currently in use in the United States.

As you may know the awareness of identity theft has reached its apex in the past
number of years. This is chiefly due to the media reporting it is getting. Because of this,
consumers are more careful when divulging personal information and for example when
buying tickets or products on the internet.

Due to the number of cases and the public pressure the result, there have been laws
brought in both at the federal level and in at state level.

The Identity Theft and Assumption Deterrence Act (18 USC 1028) was ratified in
1998. This law made identity theft a federal offence - ie when an individual intentionally
uses the identification of another individual with the intention of committing any
unlawful activity as deemed under federal and state law.

Those who have breached this law, will be placed underr 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 can and are prosecuted
by the U.S. Department of Justice.

This law also provides reimbursement for victims. Within the Federal
Trade Commission.a identity theft clearinghouse was established.

In subsequent years, 40 states have criminalized identity theft. The majority of

them have also made it a felony.

In 2000, Senate Bill 2328 was signed by Senators Feinstein, Kyl, and Grassley. This
bill is known as the "Identity Theft Prevention Act of 2000." This law stresses the
importance of steps that should be taken to prevent Identity Theft.

The most recent add-on to these laws is the Identity Theft Penalty Enhancement
Act (ITPEA) signed by President George Bush.

-------------------------------------------------------------------------------------------------------------------------------------------
(C) Richard Butler www.richardbutlerthesuccesscoach.com
 Identity Theft & The Law
-------------------------------------------------------------------------------------------------------------------------------------------

What are the components of this identity theft law?

An individual found quilty of identity theft will be sentanced to a mandatory two-year

prison sentence.

If the identity theft is directly associated to any terrorist action, the penalty is an further
five-year prison sentence. This law also dictates that the U.S. Sentencing Commission
strengthen the penalties to be given if the theft is ascertained to be in the course of
employment when the act is committed.

Finally, it gives the more lenient judges to give out less harsh punishments like
probation and community service for the offenders. A great deal of people are to a
greater extent happy that this crime has been criminalized by the laws created. But it
should be noted that in order to put a stop on identity theft, drastic modifications have
to brought in in the credit industry.

But it's important that these laws address what the identity theft victims has
experienced. That is that their credit rating my be in ruins etc.

Some of the bills that have been legislated include a proviso allowing individuals to
access the content of information that is held about them which is compiled by an
information broker, employment background check service, or individual reference
service.

If incorrect data is described in any background check for employment or other

purposes, it's critical that the individuals on these investigations know the exact
information that has been attained and the origin from where this data came from.

For those persons who have incorrect criminal records, they have to be able to clear
their records through a fast process involving the law enforcement or federal agency
that made the arrest, the court system where the warrant was issued. Presently, there's
no such procedure available for victims of criminal records identity theft.

Identity theft laws shouldn't be the exclusive resolution to this ongoing problem.
It's also critical that credit card companies and reporting industries make an effort to
help consumers in ending fraud altogether. They should also be the ones that should
help victims recover from identity theft.

Disregarding the number of identity theft laws are created and legislated, this crime will
persist if further efforts are not included. It's crucial that individuals and the government
work together to halt identity thieves in their tracks.

-------------------------------------------------------------------------------------------------------------------------------------------
(C) Richard Butler www.richardbutlerthesuccesscoach.com
 Identity Theft & The Law
-------------------------------------------------------------------------------------------------------------------------------------------

Rich Butler specialises in creating websites for practitioners in the

complimentary and alternative health areas. As a certified life and business coach
and Practitioner of Reiki, Rich knows what you need. Rich provides full training to show
you how easy it is to put up, modify and market your website

Contact him at Richard@ebits.ie

www.ebits.ie

-------------------------------------------------------------------------------------------------------------------------------------------
(C) Richard Butler www.richardbutlerthesuccesscoach.com