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What is Identity Theft?
By Credit Watcher | June 12, 2007
There are many types of identity theft and not all are commited simply against a single person. Sometimes an entire business can have its identity stolen. One of the first steps in guarding against identity theft is to have a thorough understanding of what it is.
Definition of Identity Theft – The Fastest Growing White-collar Crime in America
That is what identity theft is, according to the FBI. But simplest definition of identity theft is when someone steals your name and personal data to commit fraud, often for financial gain. The most common cases have to do with credit card fraud; when someone uses your credit card or credit card info to make purchases from a store or online. But the definition of identity theft is not restricted to one-to-one fraud.
On a bigger scale, the definition of identity theft includes cases where a person with access to loads of personal data sells an entire database to a person (sometimes a syndicate) who will turn the data into fraudulent gain. This can mean credit card fraud on a large scale, where many people are victimized.
Definition of Identity Theft – A Federal Crime
The definition of identity theft classifies it as a type of identity crime, where a person assumes a false identity to perform an illegal activity.
In the first case, when a person steals your credit card or info to make fraudulent purchases, he is liable for the crime. In the case of mass credit card fraud, both the person who sold the database and the person/s who used it for fraud are criminally liable.
In fact, by the definition of identity theft under US law, all individuals in the identity theft chain – whether they are only hackers or middlemen who, although benefiting financially or materially, know nothing about what the data will be used for – are liable under federal law.
The definition of identity theft has made it, historically, a federal crime. This is why the FBI had jurisdiction over it and why the FTC is also involved in data gathering. The Trade Commission focuses on tracking statistics on incidence and dollar loss for consumer-related crimes, like credit card fraud.
The definition of identity theft is, of course, not restricted to credit card fraud or similar consumer crimes. It also includes:
- Stealing Social Security Numbers
- Stealing/using another person’s bank checks
- Using another’s identification documents for acts of espionage or terrorism
Using false identification papers for immigration purposes may also fall under the definition of identity theft – even if no person exists under the assumed name. Charges and penalties may or may not be consolidated into a single crime under the Illegal Immigration Act.
Definition of Identity Theft – An Oxymoron
It goes without saying that no one can really steal your identity. But they can, however, steal your identification papers or use your means of identification illegally.
This issue of semantics has led the US Congress to enact the Identity Theft Assumption and Deterrence Act of 2003. Aside from the illegal possession of identification papers, it is now illegal to possess the “means of identification” as well.
There are many other resources available here and over the Internet to help you in learning more about identity theft. However, if you feel your identity has been stolen, contact all of the financial institutions that your currently do business with immediately. You should also contact the Federal Trade Commission for additional instructions on who to contact and actions you need to take, depending upon the type of identity theft you feel you have experienced.
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