'Cyber law Essay\r'

'The paradox of personal personal identicalness element larceny has begin one of the fastest emerging phenomenal nuisances in America and has inevitably been increasing exponentially world-wide (McDonald, 2006). It is a fraudulent act of acquiring the legally certified personal identifiers and new(prenominal) personal schoolion essential to carry out impersonation to confine merchandises, services and abuses (McDonald, 2006). And universe a high-reward low-risk activity and an equal-opportunity crime, it could impose on _or_ oppress anyone regardless of age, class and race (McDonald, 2006).\r\nIt is likely a full package on a lower floortaking which offers an easier way of breakting crimes, go providing lucrative returns and living in anonymity and tokenish jeopardy of detection (McDonald, 2006). indistinguishability stealing is cold different from a mere crime. It is a betrothed crime from established crimes of forgery, check and assent wag fraud, counter feiting, computer scam, impersonation, and pick-pocketing (McDonald, 2006). However, the most challenging face of individuality element theft is its potential to inter subject field terrorism (McDonald, 2006).\r\nAccordingly, personal identity theft crimes be under the jurisdiction of confused agencies. Among the agencies associated to such crime includes the topical anaesthetic law of nature, FBI, Postal supervision Service, Secret Service, Homeland Security, motor vehicle departments, and local presidency agencies (McDonald, 2006). Various coping mechanism were afterwards on initiated. Conversely, police, victim assistance advocates, and clannish agencies worked independently, without sounding at each others roles or collaborating to develop a wide-range and valuable means of answering and counteracting such crime (McDonald, 2006).\r\nWith the United States Congress’ enactment of the individuation theft and Assumption Deterrence Act of 1998, Pub. L. 105-318, 1 12 Stat. 3007, a staple fiber foundation on identity theft was established. It separate identity theft as a national official crime when a person deliberately uses authentication of another person, with no legal authority to commit or aid any illegal treat that normally constitutes a violation of Federal, State or local law (McDonald, 2006). It as well as called for the Federal mint Commission (FTC) to institute a clearinghouse for entropy and statistics on identity theft (Dworaczyk, 2004).\r\nHowever, this federal decree seldom prosecutes violations of bow laws. Most laws regarding such crimes focuses on 3 subjects such as fell penalties for exceptional offenses, prerequisites for the quote entry industry to incorporate specific knowledge in faith reports or to limit the right to honorable mention and credit reports, and personal info orphicity (Dworaczyk, 2004). Existing laws resolve to identity theft by providing criminal penalties for particular offenses.\r\ nAnd such laws and suggestions for b arely changes are largely intend to trim down incidents of identity theft by enhancing identification of cases during such occurrence, and to facilitate further probe and prosecution (Dworaczyk, 2004). In December 2003, another reason of the Congress to solve identity theft tag through 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 extended prison sentences in relation to particular federal crimes (Dworaczyk, 2004).\r\n identity operator theft crime hold an termination punishment of 15 years imprisonment, a fine, and criminal forfeiture of private property used to process the offense. As of June 2001, 43 states had already enacted statutes creating identity theft a crime. Such statutes enforce sundry(a) penalties for identity theft. zero(prenominal)mally, the penalties are base on the total vaulting horse amount of damage resulting from the theft. larcenys concerning minor losses are considered as misdemeanors, while larger financial losses are regarded as felonies of different periods (Foley, 2003).\r\nLocal police ought to verify whether such a statute exists and what that statute provides. separate states are in like manner taking into status of having link up laws on such crime. Victims of such crime are too cherished under federal and state law. Victims are entitled to yield testimonials from world accountable for illegal undertakings, or other illegal behavior conducted by identity thieves (Newman, 2004). More so, they also received rights concerning the truthfulness of their credit reports. In Texas, laws addressing identity theft centers on compelling agencies to provide warrantor alerts and freezes.\r\nSuch action increases the avenue for identity theft prosecution and limiting showing credit add-in and Social Security numbers (Dworaczyk, 2004). In Connecticut, the state enacte d the Public Act 03-156 in 2003, which forced set penalties for identity theft violations, established measures to aid victims; and undeniable phone linees to modify certain surgical procedures to hinder identity theft. Other statutes relevant with identity theft are the blank Credit Reporting Act (FCRA), jolly and stainless Credit Transactions Act of 2003 (FACTA), and the Identity Theft Penalty Enhancement Act (Dworaczyk, 2004).\r\nThe 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 fall identity theft crimes, such as the electrical condenser for a person to put alerts on their credit records if such crime is assumed, thus making fals ified applications harder to execute.\r\nThe 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 natural law Department conducted a survey on the degree of preparedness of major police organizations.\r\nIt showed that there were no standardized and effective law enforcement practices in the emerging cases of identity theft (McDonald, 2006). In February of the same year, the societal occasion of Community Oriented Policing Services (COPS), together with the portion of Public Safety Leadership (DPSL) at Johns Hopkins University, and the major(ip) Cities Chiefs Association (MCCA) conducted a project to scrutinize identity theft issues an d provide recommendations for a national system for policy makers and to classify best procedures for practitioners (McDonald, 2006).\r\nThe components that comprise the national strategy for law enforcement includes specific actions on the chase areas: partnerships and collaboration, reporting procedures, victim assistance, public awareness, legislation, information protection and grooming (McDonald, 2006). Moreover, in May 2006, an Executive vow signed by the President emphasized the earth of an Identity Theft Task Force, focusing to gravel a harmonized strategic protrude to crusade identity theft.\r\nSpecifically, it was created to provide sound recommendations on change the efficacy of the federal government’s 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 r eforms ought to be make. And enhancing the training for law enforcement officers and prosecutors was just one part of the exposure to acquire a full understanding of the problem of identity theft.\r\nWith a very limited data on law enforcement efforts regarding identity theft, it would be vexed to achieve a better view on the nature of the crime. The working unit then considered incorporating further surveys and statistics like the National Crime Victimization Survey. It also looked to evaluate U. S. Sentencing Commission data on related cases, pursue federal prosecutions and the quantity of resources spent, and perform calculate surveys to enrich law enforcement information on identity theft response and prevention activities (Dworaczyk, 2004).\r\nIt is indeed undoable to establish 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 minimise or p revent identity theft, which is dissever into two sections: prevention and victim assistance. In toll of prevention, among the specific responses include the following: 1. Improving business understanding of their accountability to guard employee and client records.\r\nTo protect records and databases, businesses could institute earnest procedures by developing a comprehensive privacy policy with liable information-handling. uniform staff training and orientation on remove information protection and employee background checks could also help. 2. tuition and education campaign on information protection. The network provides a wide array of information on identity theft. And to maximize information dissemination, tap the various community organizations such as schools, community centers and organizations, consumer protagonism groups, neighborhood associations, and other community service groups.\r\n3. operative hand-in-hand with government and various organizations to watch ov er private information. Although, awareness on identity theft had change magnitude considerably, organizations should still support efforts to lessen the function of social security numbers as identifiers, which is very habitual on health insurance cards. Agency military force ought to be regularly reminded of the possible risks in lax use of private information. 4. Operating with local banks to convey credit card issuers to accept better security measures.\r\nWorking closely with local banks would make it impartial to set 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 verification when changes are indicated with his or her credit report. 5. Tracking delivery.\r\nProdu ct and schedule deliveries are fulcrum to identity theft. Building a great relationship with delivery companies and postal inspectors could be helpful to trace items to thieves. Post office and delivery companies could instruct staff members to take note of deliveries to houses that are unoccupied or up for trade, notice license transmutation and credit card reports that turn to unknown addresses and also to preserve various application records. However, in impairment of victim assistance, possible actions could be summarized into:\r\n1. Moving with the victim. cosmos an emotionally and psychologically upsetting crime, an open converse between the victims and the police could be the key. Law enforcers ought to take in how consumers are protected, and offer victims with educational materials that could clarify their rights and the ship canal on how to assert them. Police must lay aside an incident report and provide the victim a copy of his own to avoid any disturbance in f iling an affidavit. The victim should acquire the Identity Theft Victim Guide.\r\nThis summarizes how to prepare for the investigation procedure and the possible steps to take. Also, propose a write 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 â€Å"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 complaint information into the FTC’s Identity Theft Data Clearinghouse. 2. Formulating a plan to avoid or curtail the harm of identity theft.\r\nIn cases, where personal records or employee and client databases have been violated, police and other law enforcers must persist promptly to lessen the opportunity the thief has to effect the stolen identities. Employees could be given information packets on good know-how’s to read credit reports and safeguard their identities and minimize further damage. Workshops for employees also provide helpful information. quality IACP National Law Enforcement Policy Center. 2002. Identity Theft. Concepts and Issues Paper. capital of the United States St. , Alexandria. Economic Crime appoint.\r\n2003. Identity Fraud: A Critical National and Global Threat. White 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. tycoon of Community Oriented Policing Services, U. S. Department of Justice, http://www. cops. usdoj. gov/ mimic/open. pdf? Item=1271 (accessed June 8, 2007) Kelly Dworaczyk, 2004. Combating Identity Theft. Focus Report.\r\nHouse look 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 Enforcementâ€Identity 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)\r\n'