Wednesday, February 03, 2010

Reviewing the Identity Theft and Assumption Deterrence Act of 1998


I don’t think that I’ve explicitly covered the legal basis for prosecutions for “identity theft” in federal law, but one of the most important tools is the Identity Theft and Assumption Deterrence Act of 1998, Public Law 105-318, 112 Stat. 3007 (Oct. 30, 1998), Public Law 105-318, 112 Stat. 3007 (Oct. 30, 1998), HR 4151.

The FTC maintains a copy of the text of the statute at this link.

The site wikia.com has a better description than Wikipedia, with the (web URL) link here.

The law is criticized as not offering individual victims the right to collect civil damages for their time and inconvenience and disruption; instead institutions are compensated, and individuals must depend on law enforcement to bring about prosecutions.

The articles refer to a controversial Federal Victim and Witness Protection Act of 1982, which was supposed to assist victims and witnesses to crimes, but more often in criminal investigation and testimony situations, familiar in the movies. A link that summarizes many of these laws is at DOJ here.

A simpler reference is here.

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