Identity Theft Techniques & Government Response
May 10th, 2009Auto Loan, Auto Maintenance, Auto News, Bad credit auto loans, Identity Theft No CommentsTechniques for obtaining information
* Stealing mail or rummaging through rubbish (dumpster diving)
* Stealing payment or identification cards or the information on them (pickpocketing, “drive-by” scanning of RF-enabled cards/tags)
* Eavesdropping on public transactions to obtain personal data (shoulder surfing)
* Stealing personal information in computer databases (Trojan horses, hacking)
* Infiltration of organizations that store large amounts of personal information
* Impersonating a trusted organization in an electronic communication (phishing)
* Obtaining castings of fingers for falsifying fingerprint identification.
* browsing social network (MySpace, Facebook, Bebo etc) sites, online for personal details that have been posted by users
* Simply researching about the victim in government registers, at the internet, Google, and so on.
Legal response
The increase in crimes of identiy theft lead to the drafting of the Identity Theft and Assumption Deterrence Act.[3] In 1998, The Federal Trade Commission appeared before the Subcommittee on Technology, Terrorism and Government Information of the Committee of the Judiciary, United States Senate.[4] The FTC highlighted the concerns of consumers for financial crimes exploiting their credit worthiness to commit loan fraud, mortgage fraud, lines-of-credit fraud, credit card fraud, commodities and services frauds. The Identity Theft and Assumption Deterrence Act (2003)[ITADA] amended the U.S. Code, s. 1028 – “Fraud related to activity in connection with identification documents, authentication features, and information”. The Code now makes possession of any “means of identification” to “knowingly transfer, possess, or use without lawful authority” a federal crime, alongside unlawful possession of identification documents.
In the USA, until 2003, dealing with consumer crimes involving legally attributed personal identifiers was the jurisdictional responsibility of the local and state authorities. Identification documents are a different story, addressed in Title 18 > Part I > Chapter 47 s.1028 of the U.S. Code. The unlawful use of identification documents is historically a federal offence. In response to the consumer issue of “identity theft”, the U.S. Congress passed the Identity Theft and Assumption Deterrence Act (2003) amending Title 18 > Part I > Chapter 47, s. 1028 to include the unlawful use of a “means of identification” [s,1028 (d)(7)] making it a federal crime alongside identification documents. The title of s.1028 is, “Fraud related to activity in connection with identification documents, authentication features, and information”. The Act also provides the Federal Trade Commission with authority to track the number of incidents and the dollar value of losses. There figures relate mainly to consumer financial crimes and not the broader range of all identification-based crimes.[5] Punishments for the unlawful use of a “means of identification” were strengthened in s.1028a, allowing for a consecutive sentence under specific conditions of a felony violation defined in s. 1028c.
If used to commit another crime in the commission 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.



