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Line 1: − '''[https://www.congress.gov/bill/105th-congress/house-bill/3601/text Text of Law]'''+ + + + + + + + + − § 004. Amendment of Federal Sentencing Guidelines for Offenses Under Section 1028. [NOTE: 28 USC 994 note.]+ − − (b) Factors for Consideration.--In carrying out subsection (a), the United States Sentencing Commission shall consider, with respect to each offense described in subsection (a)-- − + − (2) the number of means of identification, identification documents, or false identification documents (as those terms are defined in section 1028(d) of title 18, United States Code, as amended by this Act) involved in the offense, is an adequate measure for establishing penalties under the Federal sentencing + − guidelines;+ − (3) the extent to which the value of the loss to any individual caused by the offense is an adequate measure for establishing penalties under the Federal sentencing guidelines; − (4) the range of conduct covered by the offense; − (5) the extent to which sentencing enhancements within the Federal sentencing guidelines and the court's authority to sentence above the applicable guideline range are adequate to ensure punishment at or near the maximum penalty for the most egregious conduct covered by the offense; − (6) the extent to which Federal sentencing guidelines sentences for the offense have been constrained by statutory maximum penalties; − (7) the extent to which Federal sentencing guidelines for the offense adequately achieve the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code; and − (8) any other factor that the United States Sentencing Commission considers to be appropriate. − § 005. Centralized Complaing and Consumer Education Service for Victims of Identity Theft. [NOTE: 18 USC 1028 note.]+ − − + − + − (3) refer complaints described in paragraph (1) to appropriate entities, which may include referral to--+ − + − (B) appropriate law enforcement agencies for potential law enforcement action.+ + + − + + − § 006. Technical Amendments to Title 18, United States Code.+ − (a) Technical Correction Relating to Criminal Forfeiture Procedures.--Section 982(b)(1) of title 18, United States Code, is amended to read as follows: "(1) The forfeiture of property under + − this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 (other than subsection (d) of that section) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853).".+ − − § 007. Redaction of Ethics Reports Filed by Judicial Officers and Employees.+ − Section 105(b) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following new paragraph: − "(3)(A) This section does not require the immediate and unconditional availability of reports filed by an individual described in section 109(8) or 109(10) of this Act if a finding is made by the Judicial Conference, in consultation with United States Marshall Service, that revealing personal and sensitive information could endanger that individual.+ − "(B) A report may be redacted pursuant to this paragraph only--+ + + + + − "(i) to the extent necessary to protect the individual who filed the report; and+ − "(ii) for as long as the danger to such individual exists.+ + − "(C) The Administrative Office of the United States Courts shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate an annual report with respect to the operation of this paragraph including--+ + − "(i) the total number of reports redacted pursuant to this paragraph;+ − "(ii) the total number of individuals whose reports have been redacted pursuant to this paragraph; and+ − "(iii) the types of threats against individuals whose reports are redacted, if appropriate. − "(D) The Judicial Conference, in consultation with the Department of Justice, shall issue regulations setting forth the circumstances under which redaction is appropriate under this paragraph and the procedures for redaction.[NOTE: Regulations.]+ − "(E) This paragraph shall expire on December 31, 2001, and apply to filings through calendar year 2001.". + + − + + + + − + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +
Identity Theft and Assumption Deterrence Act of 1998 (view source)
Revision as of 02:23, 27 October 2020
, 02:23, 27 October 2020no edit summary
{{Law
|Short title=Identity Theft and Assumption Deterrence Act of 1998
|Official text=https://www.congress.gov/105/bills/hr3601/BILLS-105hr3601ih.pdf
|Country/Jurisdiction=United States
|Regulatory bodies=FTC
|Date enacted=1998/03/30
|Scope of the law=Individuals
|Short summary introduction=The Identity Theft and Assumption Deterrence Act protects individuals from personal identification information maintained by any authority fraud and theft.
|Text of the law={{SectionHarm|Section=SEC. 3. IDENTITY FRAUD.|Harms=Insecurity, Identification}}
(a) Establishment of Offense.--
(a) In General.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and the policy statements of the Commission, as appropriate, to provide an appropriate penalty for each offense under section 1028 of title 18, United States Code, as amended by this Act.
(1) the extent to which the number of victims (as defined in section 3663A(a) of title 18, United States Code) involved in the offense, including harm to reputation, inconvenience, and other difficulties resulting from the offense, is an adequate measure for establishing penalties under the Federal sentencing guidelines;
(1) In general.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1036. Identity fraud
``(a) Definitions.--In this section--
(a) In <<NOTE: Deadline.>> General.--Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall establish procedures to--
(1) log and acknowledge the receipt of complaints by individuals who certify that they have a reasonable belief that 1 or more of their means of identification (as defined in section 1028 of title 18, United States Code, as amended by this Act) have been assumed, stolen, or otherwise unlawfully acquired in violation of section 1028 of title 18, United States Code, as amended by this Act;
``(1) the term `communication facility' has the meaning
(2) provide informational materials to individuals described in paragraph (1); and
given that term in section 403(b) of the Controlled Substances
Act (21 U.S.C. 843(b));
(A) the 3 major national consumer reporting agencies; and
{{SectionPersonalInformation|Section=``(2) the term `means of identification' means any name or
number that may be used, alone or in conjunction with any other
information, to assume the identity of an individual, including
any--|Personal=Identifying}}
(b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.
``(A) personal identification card (as that term is
defined in section 1028); or
{{SectionPersonalInformation|Section=``(B) access device, counterfeit access device, or
unauthorized access device (as those terms are defined
in section 1029);|Personal=Computer Device}}
(b) Economic Espionage and Theft of Trade Secrets as Predicate Offenses for Wire Interception.--Section 2516(1)(a) of title 18, United States Code, is amended by inserting "chapter 90 (relating to protection of trade secrets)," after "to espionage),".
``(3) the term `personal identifier' means--
{{SectionPersonalInformation|Section=``(A) a name, social security number, date of
birth, official State or government issued driver's
license or identification number, alien registration
number, government passport number, employer or
taxpayer identification number, or any access device
(as that term is defined in section 1029);|Personal=Identifying, Computer Device, Authenticating}}
{{SectionPersonalInformation|Section=``(B) any unique biometric data, such as a
fingerprint, voice print, retina or iris image, or
other unique physical representation;|Personal=Behavioral}}
{{SectionPersonalInformation|Section=``(C) any unique electronic identification number,
address, or routing code; or|Personal= Authenticating}}
``(D) any other means of identification not
lawfully issued to the user;
{{SectionPersonalInformation|Section=``(4) the term `identification device' means any physical,
mechanical, or electronic representation of a personal
identifier or any personal information or data; and|Personal= Identifying, Demographic}}
'''Related harms under the Solove Taxonomy:'''
{{SectionPersonalInformation|Section=``(5) the term `personal information or data' means any
information that, when used in conjunction with a personal
identifier or identification device, would facilitate a
misrepresentation or assumption of the identity of another.|Personal= Identifying}}
'''Scope of the Law''' ''Individual''
``(b) Prohibition.--Whoever in interstate or foreign commerce, or
through the use of a communication facility, knowingly, with intent to
defraud, and in order to receive payment or any other thing of value
the aggregate value of which is equal to or greater than $1,000--
{{SectionHarm|Section=``(1) receives, acquires, obtains, purchases, sells,
transfers, traffics in, or steals, or attempts to receive,
acquire, obtain, purchase, sell, transfer, traffic in, or
steal, or otherwise causes or solicits another to do the same,
any personal identifier, identification device, personal
information or data, or other document or means of
identification of any entity or person;|Harms=Identification, Distortion, Decisional Interference}}
``(2) possesses or uses, or attempts to possess or use, or
otherwise causes or solicits another to do the same, any
personal identifier, identification device, personal
information or data, or other document or means of
identification of any entity or person; or
``(3) assumes, adopts, takes, acquires, or uses, or
attempts to assume, adopt, take, acquire, or use, or otherwise
causes or solicits another to do the same, the identity of any
entity or person;
shall be fined under this title, imprisoned not more than 15 years, or
both.
``(c) Conspiracy.--Whoever is a party to a conspiracy of 2 or more
persons to commit an offense described in subsection (b), if any of the
parties engages in any conduct in furtherance of the offense, shall be
fined in an amount not to exceed the amount of the fine to which that
person would be subject for that offense under subsection (b),
imprisoned not more than 7.5 years, or both.''.
(2) Investigative authority.--In addition to any other
agency having such authority, the United States Secret Service
may investigate any offense under section 1036 of title 18,
United States Code (as added by this subsection), except that
the exercise of investigative authority under this paragraph
shall be subject to the terms of an agreement, which shall be
entered into by the Secretary of the Treasury and the Attorney
General.
(3) Sentencing enhancement.--Pursuant to its authority
under section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall amend the Federal
sentencing guidelines to provide for sentencing enhancements
under chapter 2 of the Federal sentencing guidelines for a
defendant who is convicted of an offense under section 1036 of
title 18, United States Code, in connection with an offense
under section 513, 514, 1028, 1029, 1341, 1342, 1343, 1344, or
1708 of title 18, United States Code, as follows:
(A) A sentencing enhancement of--
(i) 1 level, if the offense involves not
more than 1 victim;
(ii) 2 levels, if the offense involves not
less than 2 and not more than 4 victims; or
(iii) 3 levels, if the offense involves 5
or more victims.
(B) An appropriate sentencing enhancement, if the
offense involves stealing or destroying a quantity of
undelivered United States mail, in violation of section
1702, 1703, 1708, 1709, 2114, or 2115 of title 18,
United States Code.
(C) An appropriate sentencing enhancement based on
the potential loss (as opposed to the actual loss) that
could have resulted from an identity theft offense
(i.e. the line of credit of the access device, etc.).
(4) Clerical amendment.--The analysis for chapter 47 of
title 18, United States Code, is amended by adding at the end
the following:
``1036. Identity fraud.''.
(b) Forfeiture of Contraband.--Section 80302(a) of title 49, United
States Code, is amended--
(1) in paragraph (5), by striking ``or'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(7) an identification document, false identification
document, or a document-making implement (as those terms are
defined in sections 1028 and 1029 of title 18) involved in a
violation of section 1028 or 1029 of title 18;
``(8) a counterfeit access device, device-making equipment,
or scanning receiver (as those terms are defined in sections
1028 and 1029 of title 18); or
``(9) a means of identification (as that term is defined in
section 1036) involved in a violation of section 1036.''.
(c) Restitution.--Section 3663A of title 18, United States Code, is
amended--
(1) in subsection (c)(1)(A)--
(A) in clause (ii), by striking ``or'' at the end;
(B) in clause (iii), by striking ``and'' at the end
and inserting ``or''; and
(C) by adding at the end the following:
``(iv) an offense described in section 1036
(relating to identity fraud); and''; and
(2) by adding at the end the following:
``(e) Identity Fraud.--Making restitution to a victim under this
section for an offense described in section 1036 (relating to identity
fraud) may include payment for any costs, including attorney fees,
incurred by the victim--
``(1) in clearing the credit history or credit rating of
the victim; or
``(2) in connection with any civil or administrative
proceeding to satisfy any debt, lien, or other obligation of
the victim arising as a result of the actions of the
defendant.''.
(d) Identity Fraud Information and Study; Inclusion in Suspicious
Activity Reports.--
(1) Definitions.--In this subsection--
(A) the term ``financial institution'' has the same
meaning as in section 20 of title 18, United States
Code; and
(B) the term ``identity fraud'' means an offense
described in section 1036 of title 18, United States
Code (as added by subsection (a) of this section).
{{SectionHarm|Section=(2) Identity fraud information.--Beginning not later than
60 days after the date of enactment of this Act, the United
States Secret Service of the Department of the Treasury and the
Federal Bureau of Investigation of the Department of Justice,
in consultation with financial institutions and other
interested private entities, shall collect and maintain
information and statistical data relating to--|Harms=Aggregation, Insecurity}}
(A) the number of identity fraud offenses
investigated;
(B) the number of prosecutions and convictions for
identity fraud; and
(C) any information provided by State and local law
enforcement agencies relating to the investigation of
identity fraud.
(3) Identity fraud study.--Not later than 18 months after
the date of enactment of this Act, the Secretary of the
Treasury, the Chairman of the Federal Trade Commission, the
Attorney General, and the Postmaster General shall--
(A) conduct a comprehensive study of--
(i) the nature, extent, and causes of
identity fraud; and
(ii) the threat posed by identity fraud
to--
(I) financial institutions and
payment systems; and
(II) consumer safety and privacy;
and
(B) based on the results of that study, submit to
Congress a report including an evaluation of the
effectiveness of the provisions of this Act and the
amendments made by this Act and, if necessary, specific
recommendations for legislation to address the problem
of identity fraud.
(4) Suspicious activity reports.--Not later than 90 days
after the date of enactment of this Act, the Secretary of the
Treasury shall promulgate such regulations as may be necessary
to include identity fraud as a separate characterization of
suspicious activity for purposes of reports by financial
institutions of suspicious transactions under section 5318(g)
of title 31, United States Code.
|Categories of personal information covered=Criminal, Identifying, Authenticating
}}