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Identify theft is wrongfully impersonating someone, typically for financial gain either by exploiting the reputation of the subject person or stealing from him. A person usually steals an identity by using knowledge of personal information about the subject. Some people prefer the term "identity fraud" since the "thief" doesn't deprive the owner of his identity. Others believe the thief does deprive the owner of his identity by replacing his reputation with the thief's. Many uses of the term focus on the act of acquiring the personal information necessary to perpetrate the impersonation. A classic example of an identity theft is where Bob gets a loan from Mary by pretending to be Peter. Bob uses personal information about Peter that he acquired somehow -- address, birth date, and bank account number perhaps -- to convince Mary that he is Peter. He does not pay back the loan and Mary cannot force him to because she doesn't know who he is. But she does make life difficult for Peter, whom she thinks owes her money. This includes causing Peter to have a poor credit rating so that he cannot borrow money himself. Most commonly, this term relates to check or credit card fraud although mortgage fraud and other kinds of financial fraud are common. Less commonly, it is used to enable illegal immigration, terrorism or espionage. It may also be a means of blackmail if activities undertaken by the thief in the name of the victim would have serious consequences for the victim. There have also been cases of identity theft for the purpose of obtaining medical treatment, or for evading criminal prosecution. Techniques for obtaining information include Identity theft is possible without serious breaches of privacy, usually due to personal or corporate negligence (not shredding confidential information, or giving out private information to unauthorized persons). If corporate or government organisations do not protect consumer privacy, client confidentiality and political privacy the execution of identity theft becomes much easier for criminals.
Spread and impact of identity theft Surveys in the USA from 2003 to 2006 showed a decrease in the total number of victims but an increase in the total value of identity fraud to US$56.6 billion in 2006. The average fraud per person rose from $5,249 in 2003 to $6,383 in 2006. The 2003 survey from the Identity Theft Resource Centre found that In a widely publicised account , Michelle Brown, a victim of identity fraud, testified before a U.S. Senate Committee Hearing on Identity Theft. Ms. Brown testified that "over a year and a half from January 1998 through July 1999, one individual impersonated me to procure over $50,000 in goods and services. Not only did she damage my credit, but she escalated her crimes to a level that I never truly expected: she engaged in drug trafficking. The crime resulted in my erroneous arrest record, a warrant out for my arrest, and eventually, a prison record when she was booked under my name as an inmate in the Chicago Federal Prison." In Australia identity theft was estimated to be worth between AUS$1billion and AUS$4 billion per annum in 2001. In the United Kingdom the Home Office reported that identity fraud costs the UK economy £1.7 billion although privacy groups object to the validity of these numbers, arguing that they are being used by the government to push for introduction of national ID cards. Confusion over exactly what constitutes identity theft has lead to claims that statistics may be exaggerated. Legal response In the United Kingdom personal data is protected by the Data Protection Act. The Act covers all personal data which an organisation may hold, including names, birthday and anniversary dates, addresses, telephone numbers, etc. Under English law, the deception offences under the Theft Act 1968 increasingly contend with identity theft situations. In R v Seward (2005) EWCA Crim 1941 the defendant was acting as the "front man" in the use of stolen credit cards and other documents to obtain goods. He obtained goods to the value of £10,000 for others who were unlikely ever to be identified. The Court of Appeal considered sentencing policy for deception offences involving "identity theft" and concluded that a prison sentence was required. Henriques J. said at para 14:"Identity fraud is a particularly pernicious and prevalent form of dishonesty calling for, in our judgment, deterrent sentences." In Australia privacy law is the responsibility of the Office of the Privacy Commssioner. In the USA dealing with identity theft is the responsiblity of the Federal Trade Commission. Punishments of identity theft in the United States include: In popular culture The public fascination with impostors has long had an effect on popular culture and extends to modern literature. The story of Michelle Brown has been made into a film. In Frederick Forsyth's novel The Day of the Jackal the would-be assassin of General de Gaulle steals three identities. Firstly, he assumes the identity of a dead child by obtaining the child's birth certificate and using it to apply for a passport. He also steals the passports of a Danish clergyman and an American tourist, and disguises himself as each of those persons in turn. In the 1995 movie The Net, Sandra Bullock plays a computer consultant whose life is taken over with the help of computer assisted identity theft. In Jonathan Smith's novel Night Windows the action is based on the horrific and real life theft of Smith's own identity. Precautions against identity theft The following precautions are recommended by the US Federal Trade Commission The following have also been recommended The following are specific to the USA See also | ||||||||
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