Identity Theft Law

Stealing or fraudulently using someone else’s personal identifying information, which is commonly referred to as “identity theft,” is a one of the fastest growing crimes in the country. It is estimated that approximately 10 million Americans were identity theft victims in 2003.

Identity theft occurs when someone uses your personally identifying information, like your name, Social Security number, or credit card number, without your permission, to commit fraud or other crimes. The FTC estimates that as many as 9 million Americans have their identities stolen each year. In fact, you or someone you know may have experienced some form of identity theft. The crime takes many forms. Identity thieves may rent an apartment, obtain a credit card, or establish a telephone account in your name. You may not find out about the theft until you review your credit report or a credit card statement and notice charges you didn’t make—or until you’re contacted by a debt collector.

An Act to amend chapter 47 of title 18, United States Code, relating to identity fraud, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [NOTE: Identity Theft and Assumption Deterrence Act of 1998.]

To amend title II of the Social Security Act and the Internal Revenue Code of 1986 to protect the integrity and confidentiality of Social Security account numbers issued under such title, to prohibit the establishment in the Federal Government of any uniform national identifying number, and to prohibit Federal agencies from imposing standards for identification of individuals on other agencies or persons.

The Federal Trade Commission's new rules on identity theft, known as "Red Flags Rules," require financial institutions, utilities, and other creditors to set up programs aimed at preventing identity theft. Because of the definition of "creditor" in these rules, many municipalities may be affected. Joint rules and guidelines were issued by the Department of the Treasury's Office of the Comptroller of the Currency (OCC) and Office of Thrift Supervision (OTS), the Board of Governors of the Federal Reserve System (Board), the Federal Deposit Insurance Corporation (FDIC), the National Credit Union Administration (NCUA), and the Federal Trade Commission (FTC or Commission). They implement sections 114 and 315 of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act).

The President’s Task Force on Identity Theft was established by Executive Order 13402 on May 10, 2006, launching a new era in the fight against identity theft. Recognizing the heavy financial and emotional toll that identity theft exacts from its victims, and the severe burden it places on the economy, President Bush called for a coordinated approach among government agencies to combat this crime.

Fraud and related activity in connection with identification documents, authentication features, and information. (Title 18, Part 1, Chapter 47)

Identity theft is America's fastest-growing crime. Last year alone, more than 9.9 million Americans were victims of identity theft, a crime that cost them roughly $5 billion. The number of ID theft victims and their total losses are probably much higher. It's hard to pin down, because law enforcement agencies may classify ID theft differently--it can involve credit card fraud, Internet fraud, or mail theft, among other crimes.

The short answer is that identity theft is a crime. Identity theft and identity fraud are terms used to refer to all types of crime in which someone wrongfully obtains and uses another person's personal data in some way that involves fraud or deception, typically for economic gain. These Web pages are intended to explain why you need to take precautions to protect yourself from identity theft. Unlike your fingerprints, which are unique to you and cannot be given to someone else for their use, your personal data ­ especially your Social Security number, your bank account or credit card number, your telephone calling card number, and other valuable identifying data ­ can be used, if they fall into the wrong hands, to personally profit at your expense.

Your identity is a valuable commodity - you need it to function in everyday life. You need evidence of who you are to open bank accounts, obtain credit cards, finance, loans and mortgages, to obtain goods or services, or to claim benefits. But you may not be the only person using your own personal details. Your identity can be stolen and used in a variety of ways. Fraudsters can impersonate you and take out various forms of credit using your good name. They can even take over your existing bank accounts by pretending to be you. All the fraudster needs is a few of your details. A document bearing your name and/or your address makes it even easier. This phenomenon is commonly known as identity theft (or identity fraud) and is the fastest growing type of fraud in the UK.

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

FIDIS (Future of Identity in the Information Society) is a NoE (Network of Excellence) supported by the European Union under the 6th Framework Programme for Research and Technological Development within the Information Society Technologies (IST) priority in the Action Line: "Towards a global dependability and security framework".

Identity Theft occurs when someone acquires your personal information and uses it without your knowledge to apply for credit cards, make unauthorized purchases, gain access to your bank accounts or apply for credit and obtain loans in your name. FraudWatch International sees itself meeting the needs of consumers by providing education of prevention measures and providing information on what to do if consumers become victims.

BAC and IACP have joined forces in a leadership role to form a unique three-year partnership to develop a nationwide strategy to combat identity crime and provide consumer protection. This strategy will encompass the critical responsibilities of law enforcement, the private sector, and the public. The ultimate goal of the partnership is to educate both the public and law enforcement officials on ways to prevent and respond to identity crime.

Financial services companies fund ITAC to help victims of identity theft, provide consumers with tools and information to detect and prevent fraud and identity theft, and to partner with law enforcement—including the Federal Trade Commission and U.S. Postal Inspection Service—in investigating and prosecuting fraud and identity theft. Success in the fight against identity theft requires the coordinated efforts of industry, government, and consumers. For that reason, ITAC is a proud supporter of ID Safety, an initiative to help consumers and law enforcement combat identity crime designed by the International Association of Chiefs of Police and Bank of America, designed to help consumers and law enforcement combat identity crime. ITAC also supports the Alliance for Consumer Fraud Awareness, an initiative to raise awareness of fake check scams by the National Consumers League and the United States Postal Inspection Service.

The Identity Theft Prevention and Identity Management Standards Panel (IDSP) is a cross-sector coordinating body whose objective is to facilitate the timely development, promulgation and use of voluntary consensus standards and guidelines that will equip and assist the private sector, government and consumers in minimizing the scope and scale of identity theft and fraud.

Identity theft or identity fraud (true name fraud) is the taking of the victim’s identity to obtain credit, credit cards from banks and retailers, steal money from the victim’s existing accounts, apply for loans, establish accounts with utility companies, rent an apartment, file bankruptcy or obtain a job using the victim’s name. The Impersonator steals thousands of dollars in the victim’s name without the victim even knowing about it for months or even years. Recently criminals have been using the victim’s identity to commit crimes ranging form traffic infractions to felonies.

Identity Theft Resource Center® (ITRC) is a nonprofit, nationally respected organization dedicated exclusively to the understanding and prevention of identity theft. The ITRC provides victim and consumer support as well as public education. The ITRC also advises governmental agencies, legislators, law enforcement, and businesses about the evolving and growing problem of identity theft.

The Privacy Rights Clearinghouse (PRC) is a nonprofit consumer organization with a two-part mission -- consumer information and consumer advocacy. It was established in 1992 and is based in San Diego, California. It is primarily grant-supported and serves individuals nationwide. The PRC's goals are to: * Raise consumers' awareness of how technology affects personal privacy. * Empower consumers to take action to control their own personal information by providing practical tips on privacy protection.

While nothing can guarantee that you won't become a victim of identity theft, you can minimize your risk, and minimize the damage if a problem develops, by making it more difficult for identity thieves to access your personal information.

Privacy Journal is the most authoritative publication in the world on the individual's right to privacy. The monthly newsletter was founded in 1974, before there was an Internet, before there was e-mail, and before there was automated telemarketing. Thus, it's the oldest publication on privacy in the world.

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