The Identity Theft Enforcement and Restitution Act, written by Senator Patrick Leahy in 2007, has finally passed both the House and Senate. The bill, which previously failed to be passed by the House of Representatives, was passed after Leahy attached the proposal to another bill dictating the protection of former US Vice Presidents. So along with the former U.S. Vice Presidents who will receive protection services after they leave office, victims of identity theft are being offered protections, once they’ve become or have been threatened to become victims.
This Act does appear to have some bite to it. With stricter definitions for identity and information on identity theft crimes as well as adding stiffer penalties for criminals which will hopefully help to take a bite of this crime. The bill comes as identity theft has risen to the most common crime.
“The anti-cyber crime provisions in this bill are long overdue,” said the Senator Leahy.
“The key anti-cyber crime provisions that are included in this legislation will close existing gaps in our criminal law to keep up with the cunning and ingenuity of today’s identity thieves.”
Keeping up with identity thieves is a daunting task considering the overwhelming number ID theft crimes and the devastating consequences for both individual and corporate victims.
Identity Theft Statistics in the U.S.
* There are over 10 million identity theft victims. * An identity is stolen every 4 seconds. * The average cost to restore a stolen identity and credit is $8,000. * Identity theft victims spend an average of 600 hours recovering from the crime. * Identity theft victims spend an average of 600 hours recovering from the crime.
What will The Identity Theft Enforcement and Restitution Act do for victims and prosecutors of Identity Theft?
* Victims will be able to seek restitution for the loss of time and money spent restoring credit.
* It will now be felony to install spyware or malware on more than ten computers and federal agents to pursue identity theft cases within a single state. Previously, federal jurisdiction was limited to cases in which the victim and criminal were located in separate states.
* Eliminates the requirement that damage to a victim’s computer exceed $5,000 before charges can be brought for unauthorized access to a computer.
* Makes it a felony to employ spyware or keyloggers to damage ten or more computers regardless of the aggregate amount of damage caused.
* Makes it a crime, punishable by fine and up to five years on prison, 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.
The Identity Theft Enforcement and Restitution Act is good news for victims and bad news for perpetrators. But the ideal scenario is to prevent this crime rather than to recover from it. Protection and prevention from anti-spyware, anti-spam, anti-virus and anti-phishing programs or security suite services, along with prudent e-mail and on-line activity, are still the best defense. Citizens should employ their own not-so-secret but generally reliable services to protect themselves. If you do become a victim of identity theft, The Identity Theft Enforcement and Restitution Act, will be your friend but hopefully it’s a friend you won’t need.