The Identity Theft Enforcement & Restitution Act of 2008
In September 2008, then-President George Bush signed into law the Identity Theft Enforcement and Restitution Act. The law amended Title 18, 1030 of the United States Code. This portion of the code deals with computer fraud and the related penalties. The new act made it easier for law enforcement and prosecutors to stop and punish the criminals who steal the identities of innocent victims.
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Sec. 202. Criminal Restitution
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The Identity Theft Enforcement and Restitution Act of 2008 for the first time made it the perpetrator's responsibility to make restitution to a victim of identity theft. Section 202 of the act requires that the victim receive compensation in amount equal to just compensation for the amount of time the victim spent to rectify the identity theft. The act did not address incidental losses a victim may have incurred such as increased interest rates or denial of credit suffered as a result of identity theft and misuse.
SEC. 204. Malicious Spyware, Hacking and Keyloggers
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The Identity Theft Enforcement and Restitution Act of 2008 increased the penalties faced by individuals or groups who use spyware or hacking techniques to steal identity information. Formerly, the law required prosecutors to prove that the identity theft caused a loss of at least $5,000 to the victim. The new law no longer carries that requirement. Identity Theft Secrets also points out that the Act makes it a felony rather than a misdemeanor to install spyware on 10 or more computers.
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Sec. 205. Cyber-Extortion
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The 2008 act also makes it a crime to threaten damage to a computer, threaten to steal information from a computer or to request money or anything else of value through intimidation caused by damaging a computer. Since most computer extortion occurs as part of a criminal ring of activity, the new law also makes it a crime to conspire with any other person to extort money through the means listed above. The act modified a crime that formerly only applied to government and business to also include extortion against individual citizens.
Sec. 208. Forfeiture For Section 1030 Violations
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The Identity Theft Enforcement and Restitution Act added a section to the fraud code that, for the first time mandated forfeiture of the computer and any other personal property used in committing an act of computer identity theft. It also mandated the forfeiture of any proceeds gained from the identity theft. Additionally, any personal or real property gained directly or indirectly through the criminal act also must get forfeited to the government.
Sec. 209. Directive to United States Sentencing Commission
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According to the federal sentencing guidelines, a judge must consider statutorily determined factors when imposing a sentence on a person convicted of a federal crime. The 2008 act added a mandate the federal sentencing guidelines be amended to reflect considerations for a judge when dealing with cyber-identity theft crimes. The act required the Federal Sentencing Commission to include guidelines that would address the sophistication needed to commit the offense, whether the offense was for private or commercial gain, the extent to which a victim's privacy was invaded and the value of the information taken whether or not the hacker actually used the personal information.
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References
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