Identity Theft Law

Identity Theft Law



Working together: identity theft laws and the​ people
You might have felt pity when you heard the​ accounts of​ identity theft victims .​
If you were in​ the​ same situation one in​ your life,​ you would know how it​ feels like being in​ their shoes .​
That is​ why identity theft laws have been made and passed to​ stop this ongoing threat to​ people,​ companies and the​ whole country for that matter .​
The awareness on​ identity theft among consumers has reached its peak in​ the​ past years .​
This is​ principally 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 .​
These outcries by members of​ the​ public have resulted in​ some legislative attention brought to​ the​ issue,​ both on​ the​ federal level and in​ the​ 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​ committin any unlawful activity under federal and state law .​
For those who have violated this law,​ they will be put 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 or​ where they should belong .​

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?
The theft found to​ have made done a​ felony through the​ identity theft is​ 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​ gives the​ more lax judges to​ give out soft punishments like probation and community for the​ offenders .​
A lot of​ people are more than happy that this crime has been criminalized by the​ laws created .​
But it​ can be noted that in​ order to​ put a​ hold on​ identity theft,​ drastic changes have to​ made in​ the​ credit industry .​
But it​ is​ also important that these laws address what the​ identity theft victims have gone through .​
There should be a​ way for them to​ know that they have a​ wrongful criminal record.
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 made and the​ source from which those information came from .​
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 Presently,​ there is​ no such procedure available for victims of​ criminal records 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 should make an​ effort to​ assist consumers in​ stopping fraud altogether .​
They should also be the​ ones that should 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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