Citation: Identity Theft and Assumption Deterrence Act, Pub. L. No. 105-318, 112 Stat. 3007 (Oct. 30, 1998).
Overview
The Identity Theft and Assumption Deterrence Act of 1998 created the federal crime of identity theft and charges the Federal Trade Commission (FTC) with taking complaints from identity theft victims, sharing these complaints with federal, state, and local law enforcement, and providing the victims with information to help them restore their reputation.
The Act provides an expansive definition of identity theft. It includes the misuse of any identifying information, which could include name, SSN, account number, password, or other information linked to an individual, to commit a violation of federal or state law. The definition thus covers misuse of existing accounts as well as the creation of new accounts.
Prohibited Activities
The Act, inter alia, prohibits fraud in connection with identification documents under a variety of circumstances.[1] Certain offenses under the statute relate directly to consumer identity theft, and impostors could be prosecuted under the statute. For example, the statute makes it a federal crime, under certain circumstances,[2] to knowingly and without lawful authority produce an identification document[3] or false identification document; or to knowingly possess an identification document that is or appears to be an identification document of the United States which is stolen or produced without lawful authority knowing that such document was stolen or produced without such authority.[4] It is also a federal crime to knowingly transfer or use, without lawful authority, a means of identification of another person with the intent to commit, or 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.[5]
Penalties
The punishment for offenses involving fraud related to identification documents varies depending on the specific offense and the type of document involved.9 For example, a fine or imprisonment of up to 15 years may be imposed for using the identification of another person with the intent to commit any unlawful activity under state law, if, as a result of the offense, the person committing the offense obtains anything of value totaling $1,000 or more during any one-year period.10 Other offenses carry terms of imprisonment up to three years.11 However, if the offense is committed to facilitate a drug trafficking crime or in connection with a crime of violence, the term of imprisonment could be up to twenty years.12 Offenses committed to facilitate an action of international terrorism are punishable by terms of imprisonment up to twenty-five years.13
FTC Database
The Act directed the FTC to establish a central repository for identity theft complaints, and provide victim assistance and consumer education. The FTC’s identity theft website is available here.
References
- ↑ 18 U.S.C. §1028. The statute lists several actions that constitute fraud in connection with identification documents. However, for the purposes of this article, they do not all relate to consumer-related identity theft, i.e. situations where a consumer’s Social Security Number or driver’s license number may be stolen and used to establish credit accounts by an impostor.
- ↑ According to the statute, the prohibitions listed apply when “the identification document or false identification document is or appears to be issued by or under the authority of the United States or the document-making implement is designed or suited for making such an identification document or false identification document;” the document is presented with the intent to defraud the United States; or “either the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce, including the transfer of a document by electronic means, or the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section.” 18 U.S.C. §1028(c).
- ↑ Identification document is defined as “a document made or issued by or under the authority of the United States Government, a State, political subdivision of a State, a foreign government, political subdivision of a foreign government, an international governmental or an internal quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.” Id. §1028(d)(2). Identification documents include Social Security cards, birth certificates, driver’s licenses, and personal identification cards.
- ↑ Id. §1028(a)(1), (2).
- ↑ Id. §1028(a)(7).