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overseas
legislation
This page highlights overseas legislation of relevance
for identity theft/fraud.
It covers -
Works
on pre-1900 forgery law - such as Randall McGowen's 'Making
the 'bloody code'? Forgery legislation in eighteenth-century
England' in Law, Crime & English Society, 1660–1830
(Cambridge: Cambridge Uni Press 2002) edited by Norma
Landau and Identity, Crime, and Legal Responsibility
in Eighteenth-Century England (New York: Palgrave
Macmillan 2004) by Dana Rabin - are highlighted here.
New Zealand
The primary NZ legislation is the Crimes Act 1961
The NZ privacy regime is discussed here.
UK
The United Kingdom, like Australia, relies on common law
and statute law in dealing with fraud and identity theft.
There is no specific identity crime offence.
Legislation includes the Identity Cards Act 2006,
with criminal offences of being in possession of or controlling
false identity documents (including genuine documents
that have been improperly obtained or were issued to another
person) without reasonable cause. Offences under that
Act cover UK and foreign documents.
The UK privacy regime is discussed here.
Canada
[under development]
Canada's privacy regime is discussed here.
The Canadian Internet Policy and Public Interest Clinic
(CIPPIC) released an annotated review of Canadian legislation
regarding identity theft in 2007 (PDF).
US
As with other jurisdictions, 'identity crime' is addressed
through a range of national and state law.
Salient federal legislation includes
1998
Identity Theft & Assumption Deterrence Act
(ITADA)
and 2004 Identity Theft Penalty Enhancement Act
1999 Financial Services Modernization Act
2003 Fair & Accurate Credit Transactions Act
(FACTA) and Fair Credit Reporting Act (FCRA)
The
US privacy regime is discussed here.
The national Identity Theft & Assumption Deterrence
Act (18 USC 1028(a)(7)) prohibits the knowing use,
transfer, or possession, without authorization, of another
person's 'means of identification' with the intent to
commit, or to aid or abet, or in connection with any unlawful
activity that constitutes any offence under US federal
law or any felony under US state/local law.
The penalty for a simple breach is a maximum 5 years imprisonment;
an aggravated offence attracts a penalty of 15 years'
imprisonment. ITADA features a central victim assistance
service, with a 'joint fraud alert' administered by the
three major credit reporting
agencies. ITADA is complemented by the Fair &
Accurate Credit Transactions Act 2003.
The federal Driver's
Privacy Protection Act (DPPA) was enacted as an amendment
to the Omnibus Crime Act of 1994. Prior to passage of
the DPPA a driver's full name, address, birth date and
license number were readily obtainable on payment of a
few dollars. The DPPA, upheld by the Supreme Court in
Reno v. Condon, 528 U.S. 141 (2000), limits use
of a driver's motor vehicle record to certain purposes.
CIPPIC's 2007 annotated review (PDF)
of US legislation regarding identity theft is of value.
elsewhere
CIPPIC also released a study of Australian, French and
UK law (PDF).
next page
(identity crime memoirs)
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