Subject:
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Re: Identity Theft
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Newsgroups:
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lugnet.admin.terms
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Date:
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Sat, 26 May 2001 03:30:43 GMT
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Viewed:
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5261 times
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In further addendum to my previous two posts, it has been requested that the
relevant codes of law as pertain to identity theft be cited, and referenced
on the Federal Trade Commission's web site. I have taken my own personal
time to research and reference some of the more pertinent points, and supply
them here for clarification. The remainder of the information can be found
at: http://www.consumer.gov/idtheft/
Please see this site for any further needed clarification.
From the FTC Identity Theft site:
(Second paragraph on page)
How can someone steal your identity? By co-opting your name, Social Security
number, credit card number, or some other piece of your personal information
for their own use. In short, identity theft occurs when someone appropriates
your personal information without your knowledge to commit fraud or theft.
(From the Federal Laws link)
Identity Theft and Assumption Deterrence Act
In October 1998, Congress passed the Identity Theft and Assumption
Deterrence Act of 1998 (Identity Theft Act) to address the problem of
identity theft. Specifically, the Act amended 18 U.S.C. § 1028 to make it a
federal crime when anyone:
knowingly transfers or uses, without lawful authority, a means of
identification of another person with the intent to commit, or to aid or
abet, any unlawful activity that constitutes a violation of Federal law, or
that constitutes a felony under any applicable State or local law.
Violations of the Act are investigated by federal investigative agencies
such as the U.S. Secret Service, the FBI, and the U.S. Postal Inspection
Service and prosecuted by the Department of Justice.
(From the State Laws link-this information is for California, see the site
for your state's applicable penal code)
PENAL CODE
SECTION 528-539
529. Every person who falsely personates another in either his
private or official capacity, and in such assumed character either:
1. Becomes bail or surety for any party in any proceeding
whatever, before any court or officer authorized to take such bail or
surety;
2. Verifies, publishes, acknowledges, or proves, in the name of
another person, any written instrument, with intent that the same may
be recorded, delivered, or used as true; or,
3. Does any other act whereby, if done by the person falsely
personated, he might, in any event, become liable to any suit or
prosecution, or to pay any sum of money, or to incur any charge,
forfeiture, or penalty, or whereby any benefit might accrue to the
party personating, or to any other person;
Is punishable by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in the state prison, or in a county
jail not exceeding one year, or by both such fine and imprisonment.
Identity theft is both a Federal AND a State crime in the United States, and
one not taken lightly. As before, I have presented this information for the
edification of the LUGNET membership and community at large. We all have a
vested interest in LUGNET, be we money-paying members or interested
hobbyists. Please allow LUGNET to return to its original purpose by ignoring
disruptive postings and e-mails. Thank you.
Sincerely,
Matthew Gerber
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Message has 1 Reply:
 | | Re: Identity Theft
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| (...) [snipped lots more] I think the problem here is that no fraud or theft has been committed (note IANAL!). The other regs you quoted implied a similar requirement. *However*, if paid membership were a requirement for posting, and the identity (...) (23 years ago, 15-Jun-01, to lugnet.admin.terms)
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Message is in Reply To:
| | Re: Identity Theft
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| As an addendum to my prior post, I have copied the relevant portions of the LUGNET TERMS OF USE AGREEMENT (Version 1.0.1, 7 Mar 2000) here. Remember, these are the rules and standards that each and every individual posting to LUGNET agrees to abide (...) (23 years ago, 25-May-01, to lugnet.admin.terms)
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