Identity theft

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Crimes


Classes of crime
Infraction · Misdemeanor · Felony
Summary · Indictable · Hybrid

Against the person
Assault · Battery
Extortion · Harassment
Kidnapping · Identity theft
(Corporate) Manslaughter
Murder · Rape
Robbery

Against property
Arson · Blackmail
Burglary · Deception
Embezzlement · False pretenses
Fraud · Handling
Larceny · Theft
Vandalism

Against oneself
Alcohol or drugs possession

Against the state
Tax evasion
Espionage · Treason

Against justice
Bribery · Misprision of felony
Obstruction · Perjury

Inchoate offenses
Accessory · Attempt
Conspiracy · Incitement
Solicitation · Common purpose

Note: Crimes vary by jurisdiction. Not all are listed here.

Identity theft is wrongfully impersonating someone, typically for financial gain either by exploiting the reputation of the subject person or stealing from him. A person usually steals an identity by using knowledge of personal information about the subject. Some people prefer the term "identity fraud" since the "thief" doesn't deprive the owner of his identity. Others believe the thief does deprive the owner of his identity by replacing his reputation with the thief's. Many uses of the term focus on the act of acquiring the personal information necessary to perpetrate the impersonation. ^[1]

A classic example of an identity theft is where Bob gets a loan from Mary by pretending to be Peter. Bob uses personal information about Peter that he acquired somehow -- address, birth date, and bank account number perhaps -- to convince Mary that he is Peter. He does not pay back the loan and Mary cannot force him to because she doesn't know who he is. But she does make life difficult for Peter, whom she thinks owes her money. This includes causing Peter to have a poor credit rating so that he cannot borrow money himself.

Most commonly, this term relates to check or credit card fraud although mortgage fraud and other kinds of financial fraud are common. Less commonly, it is used to enable illegal immigration, terrorism or espionage. It may also be a means of blackmail if activities undertaken by the thief in the name of the victim would have serious consequences for the victim. There have also been cases of identity theft for the purpose of obtaining medical treatment, or for evading criminal prosecution.

Techniques for obtaining information include :

stealing mail or rummaging through rubbish (dumpster diving)
eavesdropping on public transactions to obtain personal data (shoulder surfing)
stealing personal information in computer databases
infiltration of organizations that store large amounts of personal information
impersonating a trusted organization in an electronic communication (phishing)
Spam (electronic): Some, if not all spam requires you to respond to alleged contests, enter into "Good Deals", etc.
using another arguably illegal reason to victimize individuals who display their personal information in good faith, such as landlord-related fraud, where the Patriot Act is used to create suspicion on prospective tenants, and then using their personal information to commit fraud. This is a very common practice among slumlords, who violate Civil Rights and use the right to request background checks to defend their legal policies, which are later used to commit crimes; the laws themselves create this conflict and is a type of identity theft created and enforced by Federal law

Identity theft is possible without serious breaches of privacy, usually due to personal or corporate negligence (not shredding confidential information, or giving out private information to unauthorized persons).

If corporate or government organisations do not protect consumer privacy, client confidentiality and political privacy the execution of identity theft becomes much easier for criminals.^[2]

1 Spread and impact of identity theft
2 Legal response
3 In popular culture
4 Precautions against identity theft
5 What to do if you think you might have been a victim of ID Fraud
6 See also
7 References
8 External links

[edit] Spread and impact of identity theft

Surveys in the USA from 2003 to 2006 showed a decrease in the total number of victims but an increase in the total value of identity fraud to US$56.6 billion in 2006. The average fraud per person rose from $5,249 in 2003 to $6,383 in 2006.^[3]

The 2003 survey from the Identity Theft Resource Centre found that :

Only 15% of victims find out about the theft through proactive action taken by a business
The average time spent by victims resolving the problem is about 600 hours
73% of respondents indicated the crime involved the thief acquiring a credit card
The emotional impact is similar to that of victims of violent crime.

In a widely publicised account ^[4], Michelle Brown, a victim of identity fraud, testified before a U.S. Senate Committee Hearing on Identity Theft. Ms. Brown testified that: "over a year and a half from January 1998 through July 1999, one individual impersonated me to procure over $50,000 in goods and services. Not only did she damage my credit, but she escalated her crimes to a level that I never truly expected: she engaged in drug trafficking. The crime resulted in my erroneous arrest record, a warrant out for my arrest, and eventually, a prison record when she was booked under my name as an inmate in the Chicago Federal Prison."

In Australia identity theft was estimated to be worth between AUS$1billion and AUS$4 billion per annum in 2001. ^[5]

In the United Kingdom the Home Office reported that identity fraud costs the UK economy £1.7 billion ^[6] although privacy groups object to the validity of these numbers, arguing that they are being used by the government to push for introduction of national ID cards. ^{[citation needed]}

Confusion over exactly what constitutes identity theft has lead to claims that statistics may be exaggerated. ^[7]

[edit] Legal response

In the United Kingdom personal data is protected by the Data Protection Act. The Act covers all personal data which an organisation may hold, including names, birthday and anniversary dates, addresses, telephone numbers, etc.

Under English law, the deception offences under the Theft Act 1968 increasingly contend with identity theft situations. In R v Seward (2005) EWCA Crim 1941^[8] the defendant was acting as the "front man" in the use of stolen credit cards and other documents to obtain goods. He obtained goods to the value of £10,000 for others who were unlikely ever to be identified. The Court of Appeal considered sentencing policy for deception offences involving "identity theft" and concluded that a prison sentence was required. Henriques J. said at para 14:"Identity fraud is a particularly pernicious and prevalent form of dishonesty calling for, in our judgment, deterrent sentences."

In Australia privacy law is the responsibility of the Office of the Privacy Commssioner. ^[9]

In the USA dealing with identity theft is handled by local, state and federal law enforcement agencies. Tracking the number of incidents and the dollar value of losses is the responsiblity of the Federal Trade Commission. ^[10]

Punishments of identity theft in the United States if charged federally include:

Class B Felony: 6-20 years in Jail and a fine up to $10,000
Class C Felony: 2-8 years in Jail and a fine up to $10,000

If charges are brought by state or local law enforcement agencies, different penalties apply depending on the state.

[edit] In popular culture

The public fascination with impostors has long had an effect on popular culture and extends to modern literature.
The story of Michelle Brown has been made into a film. ^[11]
In Frederick Forsyth's novel The Day of the Jackal the would-be assassin of General de Gaulle steals three identities. Firstly, he assumes the identity of a dead child by obtaining the child's birth certificate and using it to apply for a passport. He also steals the passports of a Danish clergyman and an American tourist, and disguises himself as each of those persons in turn.
In the 1995 movie The Net, Sandra Bullock plays a computer consultant whose life is taken over with the help of computer assisted identity theft.
In Jonathan Smith's novel Night Windows the action is based on the horrific and real life theft of Smith's own identity.

[edit] Precautions against identity theft

The following precautions are recommended by the US Federal Trade Commission ^[12] :

Shred documents and paperwork which contain personal information before you discard them.
Don't give out personal information unless you know who you are dealing with.
Never click on links in unsolicited emails; instead, type in a web address which you know
Use firewalls, anti-spyware, and anti-virus software to protect your home computer;
Don't use obvious passwords like your birth date or your mother's maiden name
Keep your personal information in a secure place at home
Be alert for discrepancies in your financial bills and statements and query them immediately
Report fraud as soon as you detect it

The following have also been recommended ^{[citation needed]} :

Collect delivered postal mail as soon as possible.
Use reliable ATMs at reputable sites only.
Look for any suspicious attachments to an ATM and gas station devices which accept credit and debit cards, and if in doubt, do not use the ATM or gas station device, but report the problem.
Be aware of your surrounding when using an ATM. Hide what you type on a keypad from others.
Limit the amount of personal information you publish on the web.
When shopping online, make sure the company is reputable, displays an approved security symbol and uses an encrypted page to take payment details.
When handing over your credit card, do not let it out of your sight.
If you are traveling, tell the post office to hold your mail until your return or have someone you trust collect it.
Drop outgoing mail in Post Office mail boxes like you find on street corners or at the Post Office.
Avoid the threat of check washing by using Gel ink pens when writing checks.
Stop pre-approved credit card mail offers either online or call 888-5-OPT-OUT (888-567-8688).

The following are specific to the USA :

Protect your Social Security number. Don't carry your Social Security card in your wallet or write your Social Security number on a check. Give it out only if absolutely necessary or ask to use another identifier.
Don't order checks pre-printed with your driver's license or social security number.
Don't carry your social security card unless absolutely needed. In states where your driver's license number is your social security number, be equally careful about who sees your license.
Freeze your credit, if available in your state so that no one can open any form of credit in your name.
Request your own credit report each year and check the reports for inaccuracies and new lines of credit issued that you did not request.

[edit] What to do if you think you might have been a victim of ID Fraud

Inform your bank, the police, and other creditors or utility providers.
Check your bank statements for any unusual transactions
Obtain a copy of your credit file from a credit reference agency such as Equifax (www.equifax.co.uk 0870 010 0583)
You can also consider registering with a monitoring service such as Equifax Credit Watch, which will alert you of any changes to your credit file.
You can notify CIFAS, which runs a Protective Registration service and a notice will be placed on your credit file informing lenders that you may be at risk of identity fraud. Tel: 0870 010 2091 (specific to the UK).

[edit] See also

[edit] References

^ What Are Identity Theft and Identity Fraud?, United States Department of Justice, retrieved June 30, 2006
^ Internet Identity Theft - A Tragedy for Victims, Software and Information Industry Association, retrieved June 30, 2006
^ Recent Surveys and Studies, Privacy Clearing House, retrieved June 30, 2006
^ Verbal Testimony by Michelle Brown, July 2000, U.S. Senate Committee Hearing on the Judiciary Subcommittee on Technology, Terrorism and Government Information -- "Identity Theft: How to Protect and Restore Your Good Name"
^ Identity Crime Research and Coordination, Australasian Centre for Policing Research, retrieved June 30, 2006
^ What is Identity theft?,Home Office,retrieved June 30, 2006
^ Identity Theft Over-Reported,Bruce Schneier, retrieved June 30, 2006
^ R v Seward (2005) EWCA Crim 1941
^ Privacy Comissioner, retrieved June 30, 2006
^ Federal Trade Commission, retrieved June 30, 2006
^ Identity Theft: The Michelle Brown Story (2004)
^ FIGHTING BACK AGAINST IDENTITY THEFT, Federal Trade Commission, retrieved June 30, 2006

[edit] External links

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