Identity Theft & Restitution Act
Identity theft is a crime of growing significance with the increased use of the Internet. According to the Identity Theft Enforcement and Restitution Act, the law has not kept pace with the crime. The purpose of the legislation is to allow the federal government to better prosecute identity theft and other cybercrimes as well as to provide restitution to victims of such crimes.
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Identity Theft
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Identity theft is a crime often perpetrated through the use of the Internet. Using a variety of methods including phishing and malware, criminals take valuable information from innocent Internet users, including Social Security and credit card numbers. The U.S. Department of Justice notes the growing problem, stating that many have reported people illegally "tak[ing] funds out of their bank or financial accounts, or ... tak[ing] over their identities altogether, running up vast debts and committing crimes while using the victims' names."
Legislative History
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The Identity Theft Enforcement and Restitution Act of 2007 was proposed in the 110th Congress. Sponsored by Senator Patrick Leahy of Vermont as S.2168, it passed with unanimous consent November 15, 2007. The House version of the bill, H.R.6060, however, never left the Subcommittee on Crime, Terrorism and Homeland Security. The act was reborn in H.R.5938, where it was joined with the Former Vice President Protection Act. In this form, the Identity Theft Enforcement and Restitution Act of 2008 passed both the House and Senate and became Title II of Public Law 110-326 when it was signed into law on September 26, 2008.
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Purpose
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The Identity Theft Enforcement and Restitution Act amends Title 18 of the United States Code to allow easier federal prosecution of identity theft. The Department of Justice notes that "in recent years, the Internet has become an appealing place for criminals to obtain identifying data," thus necessitating more rigorous legislation. In recognition of the expense and time that victims of identity theft must battle, the bill allows for restitution, compensating victims for the time "reasonably spent" recovering from the theft. The act also enhances protection by removing the requirement for interstate or foreign communication in computer fraud for federal prosecution; allowing federal prosecution for damages below $5,000; providing federal felony status if an individual harms more than 10 federal government or financial institution computers in one year; enlarging the definition of "cyberextortion"; making conspiracies to commit computer fraud punishable; and several other provisions.
Punishment
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Along with strengthening the government's ability to fight identity theft, the act also instructs the sentencing commission to enhance punishment, stating that the consequences of these crimes should "reflect the intent of Congress that such penalties be increased in comparison to those currently provided." Specifically, the act seeks to have a deterrent effect, dissuading those who might consider committing identity theft because of harsher penalties.
Significance
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The Identity Theft Enforcement and Restitution Act recognizes the actual impact identity theft can have on victims and allows restitution to help repay victims for their time and expense in remedying their lives. Second, it removes limitations the federal government had in prosecuting these crimes, including a higher threshold of damages and a requirement that the communications be interstate or international. Finally, it provides government acknowledgment that identity theft via the Internet is a substantial problem deserving attention.
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References
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