Cyber law Essay

The problem of individuality stealing has become one of the fastest emerging phenomenal crimes in the States and has inevitably been increasing exponentially worldwide (McDonald, 2006). It is a fraudulent cultivate of acquiring the legally certified own(prenominal) identifiers and other(a) personal reading essential to carry out impersonation to obtain merchandises, services and crimes (McDonald, 2006). And world a high-reward low-risk activity and an equal-opportunity crime, it could victimize anyone regardless of age, class and race (McDonald, 2006).It is liable(predicate) a full package undertaking which offers an easier way of committing crimes, magical spell providing moneymaking returns and living in anonymity and minimal jeopardy of detection (McDonald, 2006). personal identity operator larceny is far different from a mere crime. It is a tailor-made crime from established crimes of forgery, check and consultation table fraud, counterfeiting, com dresser scam , impersonation, and pick-pocketing (McDonald, 2006). However, the about challenging face of identity thie really is its potential to international terrorist act (McDonald, 2006).Accordingly, identity stealth crimes argon under the jurisdiction of versatile agencies. Among the agencies associated to much(prenominal)(prenominal)(prenominal)(prenominal) crime includes the topical anesthetic constabulary, FBI, Postal Inspection Service, Secret Service, Homeland Security, repulse vehicle departments, and local anesthetic g everywherenment agencies (McDonald, 2006). Various coping mechanism were subsequent on initiated. Conversely, police, victim assistance advocates, and underground agencies worked independently, without looking at distributively others roles or collaborating to develop a wide-range and valuable means of answering and counteracting such crime (McDonald, 2006).With the United States Congress enactment of the individuation thieving and speculation Deterrenc e human action of 1998, Pub. L. 105-318, 112 Stat. 3007, a basic foundation on identity stealth was established. It classified identity theft as a federal official crime when a person deliberately uses credentials of another(prenominal) person, with no legal authority to commit or uphold any wicked action that normally constitutes a violation of Federal, State or local law (McDonald, 2006). It also called for the Federal Trade Commission (FTC) to institute a clearinghouse for knowledge and statistics on identity theft (Dworaczyk, 2004).However, this federal statute rarely prosecutes violations of state laws. Most laws regarding such crimes focuses on three subjects such as criminal penalties for particular offenses, prerequisites for the faith industry to incorporate specific cultivation in honorable mention reports or to limit the right to credit and credit reports, and personal data confidentiality (Dworaczyk, 2004). Existing laws respond to identity theft by providing criminal penalties for particular offenses.And such laws and suggestions for further changes are largely intend to trim down incidents of identity theft by enhancing identification of cases during such occurrence, and to facilitate further investigation and prosecution (Dworaczyk, 2004). In December 2003, another effort of the Congress to solve identity theft marked by the enactment of a law on credit transactions (Dworaczyk, 2004). In July 2004, the federal government furthered the identity theft laws by amending additional and extend prison sentences in relation to particular federal crimes (Dworaczyk, 2004). identity element theft crime hold an utmost punishment of 15 years imprisonment, a fine, and criminal forfeiture of private property used to execute the offense. As of June 2001, 43 states had already enacted statutes creating identity theft a crime. Such statutes use various penalties for identity theft. Normally, the penalties are base on the total vaulting horse amount of damage resulting from the theft. Thefts concerning minor losses are considered as misdemeanors, while larger financial losses are regarded as felonies of different degrees (Foley, 2003). topical anesthetic police ought to verify whether such a statute exists and what that statute provides. another(prenominal) states are also taking into consideration of having related laws on such crime. Victims of such crime are also sheltered under federal and state law. Victims are entitled to have protections from being accountable for flagitious undertakings, or other illegitimate behavior conducted by identity thieves (Newman, 2004). more than so, they also received rights concerning the truthfulness of their credit reports. In Texas, laws addressing identity theft centers on compelling agencies to provide security alerts and freezes.Such action increases the channel for identity theft prosecution and limiting showing credit card and Social Security numbers (Dworaczyk, 2004). In Conne cticut, the state enacted the Public act as 03-156 in 2003, which forced regulated penalties for identity theft violations, established measures to aid victims and required businesses to modify certain operations to hinder identity theft. Other statutes applicable with identity theft are the Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act of 2003 (FACTA), and the identicalness Theft Penalty Enhancement Act (Dworaczyk, 2004).The FCRA (Codified at 15 U. S. C. 1681 et seq. ), standardizes the compilation, dissemination, and use of consumer credit information. However, the foundation of customer rights to credit was structured and formulated alongside with the FDCPA or the Fair Debt Collection Practices Act. And being an amendment to FCRA, the FACTA, Pub. L. 108-159, 111 Stat. 1952. , provided provisions to help lessen identity theft crimes, such as the capacity for a person to put alerts on their credit records if such crime is assumed, thus making fals ified applications harder to execute.The Identity Theft Penalty Enhancement Act, Pub. L. 108-275, 118 Stat. 831, on the other hand, characterizes penalties for identity theft crimes (18 U. S. C. Sec. 1028A (a)). It also furthers providing penalties for those that hold information in conducting the crime, not considering if they themselves essentially use the information to take an identity. In 2003, Chief Darrel Stephens of North Carolina Police segment conducted a survey on the degree of desexualizedness of major police organizations.It showed that there were no standardized and effective law enforcement practices in the go cases of identity theft (McDonald, 2006). In February of the same year, the Office of Community orientated Policing Services (COPS), together with the Division of Public Safety Leadership (DPSL) at Johns Hopkins University, and the Major Cities Chiefs Association (MCCA) conducted a project to scrutinize identity theft issues and provide recommendations for a national strategy for policy makers and to classify outperform procedures for practitioners (McDonald, 2006).The components that comprise the national strategy for law enforcement includes specific actions on the by-line areas partnerships and collaboration, reporting procedures, victim assistance, public awareness, legislation, information protection and training (McDonald, 2006). to a greater extentover, in May 2006, an Executive Order signed by the President evince the creation of an Identity Theft Task Force, focusing to create a harmonized strategic syllabus to fight identity theft.Specifically, it was created to provide adept recommendations on improving the efficacy of the federal governments actions in areas of recognition, prevention, detection, and prosecution (McDonald, 2006). It is notable that substantive efforts were carried out by the government in combating the growing number of identity theft crimes. Nonetheless, a lot of changes and reforms ought to be done. And enhancing the training for law enforcement officers and prosecutors was just one part of the picture to acquire a full understanding of the problem of identity theft.With a very limited data on law enforcement efforts regarding identity theft, it would be rough to achieve a give out view on the nature of the crime. The workings unit then considered incorporating further surveys and statistics like the National abhorrence using Survey. It also looked to evaluate U. S. Sentencing Commission data on related cases, lock federal prosecutions and the quantity of resources spent, and perform target surveys to enrich law enforcement information on identity theft response and prevention activities (Dworaczyk, 2004).It is indeed unimaginable to have all personal information confidential therefore, eradicating completely such crime of identity theft would be difficult. Newman (2004) identified local factors that could be done to minimize or prevent identity theft, which is divided i nto cardinal sections prevention and victim assistance. In terms of prevention, among the specific responses include the succeeding(a) 1. Improving business understanding of their accountability to guard employee and client records.To protect records and databases, businesses could institute security procedures by developing a comprehensive hiding policy with liable information-handling. Consistent staff training and orientation on appropriate information protection and employee background checks could also help. 2. Information and discipline campaign on information protection. The internet provides a wide depart of information on identity theft. And to maximize information dissemination, tap the various community organizations such as schools, community centers and organizations, consumer advocacy groups, neighborhood associations, and other community service groups.3. Working hand-in-hand with government and various organizations to watch over private information. Although, a wareness on identity theft had increased considerably, organizations should inactive support efforts to lessen the function of social security numbers as identifiers, which is very usual on health insurance cards. Agency staff office ought to be regularly reminded of the possible risks in negligent use of private information. 4. Operating with local banks to persuade credit card issuers to accept better security measures.Working closely with local banks would make it simple to mass up actions for victims to repair the harm done, and have the accounts working again. Influence local banks and businesses to pressure credit card companies to verify credit card purchases by asking for additional ID, encourage customers to have passwords or attach photographs or other authentication indicators on credit accounts, and adopting better identity hindrance when changes are indicated with his or her credit report. 5. Tracking delivery.Product and document deliveries are fulcrum to identity theft. Building a good relationship with delivery companies and postal inspectors could be helpful to trace items to thieves. Post office and delivery companies could larn staff members to take note of deliveries to houses that are unoccupied or up for trade, notice license renewal and credit card reports that turn to unappreciated addresses and also to preserve various application records. However, in terms of victim assistance, possible actions could be summarized into1. Moving with the victim. Being an emotionally and psychologically upset crime, an open communication between the victims and the police could be the key. Law enforcers ought to fuck how consumers are protected, and offer victims with educational materials that could clarify their rights and the ways on how to put up them. Police mustiness write an incident report and provide the victim a copy of his own to avoid any trouble in filing an affidavit. The victim should acquire the Identity Theft Victim Guide.This summarizes how to prepare for the investigation procedure and the possible steps to take. Also, propose a create verbally draft of the case to be prepared by the victim, which includes all the relevant information that could be used. Update also the victim on how the procedure of being behind the scenes of a fraud investigation would be like. More so, ensure that the victims comprehend and exercise their rights under the federal laws and record the distemper information into the FTCs Identity Theft Data Clearinghouse. 2. Formulating a plan to avoid or curtail the harm of identity theft.In cases, where personal records or employee and client databases have been violated, police and other law enforcers must operate promptly to lessen the opportunity the thief has to exploit the stolen identities. Employees could be given information packets on technical know-hows to read credit reports and safeguard their identities and minimize further damage. Workshops for employees also provide helpful information. fictitious character IACP National Law Enforcement Policy Center. 2002. Identity Theft. Concepts and Issues Paper. Washington St. , Alexandria. Economic Crime Institute.2003. Identity Fraud A Critical National and Global Threat. discolor Paper. A Joint Project of the Economic Crime Institute of Utica College and LexisNexis.. http//www. ecii. edu/identity_fraud. pdf (accessed June 8, 2007) Graeme R. Newman, 2004. Identity Theft. Problem-oriented Guides for Police Problem- Specific Guides Series No. 25. Office of Community Oriented Policing Services, U. S. Department of Justice, http//www. cops. usdoj. gov/mime/open. pdf? Item=1271 (accessed June 8, 2007) Kelly Dworaczyk, 2004. Combating Identity Theft. Focus Report.House look into Organization. Texas House of Representative, http//www. hro. house. state. tx. us/focus/identity78-18. pdf (accessed June 8, 2007) L. Foley. 2003. Enhancing Law EnforcementIdentity Theft Communication. Identity Theft Resource Center. http//www.. idtheftcenter. org (accessed June 8, 2007) Phyllis P. McDonald, 2006. A national strategy to combat identity theft. Johns Hopkins University. Office of Community Oriented Policing Services, U. S. Department of Justice, http//www. securitymanagement. com/library/identity_theft1006. pdf (accessed June 8, 2007)