The Legal Status of Identity Theft Cases

3.10.2015 | 00:43

The Legal Status of Identity Theft Cases
Source: Flickr

The law is not a stagnant item. It is continuously altering, evolving and adjusting to brand-new circumstances and brand-new criminal offenses that must be recognized and understood so proper laws can be passed to protect honest individuals from the unethical citizens among us. This can be a difficult procedure, particularly in this age when criminal activities utilizing the internet make detection and evidence so difficult by law enforcement and DOJ.

Identity theft is an ideal example of a criminal activity that ought to be aggressively assaulted from the police community. However since it is a crime that is always changing and adjusting, it is often difficult for the legal police community to get a company definition of what identity theft is and especially ways to codify it into a system of laws that can be utilized to successfully stop it.

Most likely the biggest problem with enforcing laws that will lead to the conviction of identity burglars is to develop ways to keep the evidence long enough to look for a conviction. Up until we can offer police adequate tools both to determine and capture identity theft crooks then to collect adequate evidence to get a conviction, identity theft will continue to be an allusive enemy.

Unlike a murder where there is a weapon and a corpse or bank burglary where there are physical types of evidence, much of the footprint of identity theft occurs in cyberspace where there are couple of finger prints and tracing the path of the criminal is difficult at best and rarely is caught. Because of the methods available, locating identity burglars looks like the issues legal experts have in defining and after that locating cyber stalkers/merchants who can be so evasive in an online world.

Consumers who are struck with identity theft deal with 2 hurdles. One is to stop the ongoing stealing by burglars who can continue to do their damage even after the criminal offense has been identified. The other is to discover the bad guys and make it stop. Customers are annoyed since law enforcement strikes roadblocks in their examinations of identity theft cases. However police experts are also annoyed due to the fact that those who may have the evidence they have to record, prosecute and found guilty identity burglars frequently not have that proof that is frantically needed to stop this distinct 21st century criminal offense.

In order to offer police exactly what they require, companies that offer consumer information should be managed it more closely. One big “hole” in the legal system which prefers identity thieves and puts customers at a disadvantage is that companies that market customer information do not need to inform customers when their information is being passed along to another agency or company. Therefore, once a customer supplies his/her private information to a particular business, that information can be packaged and resold without constraint to as numerous buyers who care to line up to purchase it and the customer has no idea this is going on. So this is a level of customer protection that can be resolved lawfully by requiring any company that collects buyer details must be needed to notify consumers when that data is being sold and who they are offering it to. If every customer can maintain a complete trail of who is getting their private details, that would empower the economic sector to partner with the legal community to put a stop to this level of criminal activity.

If additional laws might be enhanced to require longer retention of deals of this nature and open access of those records to law enforcement, we would be offering our legal system the weapons they have to stop this crime. And that would be an advance for all society to make the world, the cyber world consisted of, a more secure place for all of us to be in.

 

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