Congress to Pass New Bill to Fight Identity Theft
September 30th, 2008The Identity Theft Enforcement and Restitution Act is a bill to better protect all Americans from the growing threat of identity theft and other cyber crimes. The anti-cyber crime provisions are believed to be long over due. The new provisions are supported by the Department of Justice, Secret Service, US Chamber of Commerce, Symantec, the Cyber Security Alliance, the Business Software Alliance, Consumer Union, Consumer Federation of America, and the American Association of Retired Persons. Now that the bill has passed through the House of Representatives it has headed to the Senate. The new bill would:
- Give victims of identity theft the ability to seek restitution for the loss of time and money spent restoring credit and remedying the harms of identity theft.
- Enable prosecution of those who steal personal information from a computer even when the victim’s computer is located in the same state as the thief’s computer. Under current law, federal courts only have jurisdiction if the thief uses an interstate communication to access the victim’s computer.
- Eliminate the requirement that damage to a victim’s computer exceed $5,000 before charges can be brought for unauthorized access to a computer. The provision protects innocent actors while punishing violations resulting in less than $5,000 in damage as misdemeanors.
- Make it a felony to employ spyware or keyloggers to damage ten or more computers regardless of the aggregate amount of damage caused, ensuring that the most egregious identity thieves will not escape with a minimal, or no, sentence.
- Makes it a crime to threaten to steal or release information from a computer. Current law only permits the prosecution of those who seek to extort companies or government agencies by explicitly threatening to shut down or damage a computer. Violators of this provision are subject to a criminal fine and up to five years in prison.
- Add the remedies of civil and criminal forfeiture to the arsenal of tools available to federal prosecutors to combat cyber crime, and mandate that the U.S. Sentencing Commission review and update its guidelines for identity theft and other cyber crime offenses.
With the new provisions of the Identity Theft Enforcement and Restitution Act, hopefully we can help reduce the growing problems with identity theft and cyber crime in today.
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