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Techniques for obtaining identification information range from the crude, such as stealing mail or rummaging through rubbish ( Dumpster Diving in the USA ), stealing personal information in computer databases, to Infiltration of organizations that store large amounts of personal information. Identity theft is usually the result of serious breaches of Privacy . Except for the simplest credit-related cases, it is usually not possible without breakdowns in
COUNTRY DEPENDENCE It seems that the prevalence of identity theft and the seriousness of typical cases is quite dependent on the country and the legal system and commercial habits there. Most countries in Continental Europe , for example, require their citizens to own ID Cards which are needed to prove one's own identity on numerous occasions, such as opening (or even accessing) bank accounts, renting cars, checking in at hotels etc. As ID cards are in general as hard to counterfeit as money, and one usually has to physically show the card, it requires substantial criminal effort to commit fraud. Being used to this standard, businesses are unlikely to accept an ID verification by means of "semi-secret" personal information such as Social Security Number s to ascertain an identity. Maybe because of this, it is also less common to do business by phone as it is e.g. in the USA. So, the threat posed by "simple" identity theft, which relies on obtaining "semi-secret" information such as social security or credit card numbers depends on how much can be done with this information. Is it, for example, possible to open an account using false ID in form of a stolen SSN, and so wreck the victim's credit record? Do banks accept credit card payments without signature or PIN ? Differences in such legal framework may explain the large differences in damages due to identity theft in different countries. CONSEQUENCES OF IDENTITY THEFT In many parts of the world, identity theft is the fastest growing offence. However, in the . The most recent US Javelin data also showed that 9.3 million individuals (or 4.25% of all adults) are victims of identity fraud on an annual basis. In the United Kingdom in 2005 the consumer group Which? issued a report claiming that one in four people had been the Victim of identity theft, or knew someone who had been a Victim . This misleading claim (linking Victims with those who know Victims in a single statistic) achieved wide Publicity . The Home Office in Britain does not collate data on identity theft, but does, nonetheless, claim that the activity is reaching epidemic proportions. It is difficult to fully quantify the extent of ''real'' personal privacy breaches, as laws requiring disclosure of such instances are just coming into existence. CREDITOR NEGLIGENCE CONTRIBUTING TO INCREASE; OTHER FACTORS Instances of identity theft have increased as the ''willingness of lenders'' like issuers of credit cards to extend credit without physical human contact, the ''ability to transact'' sales and other business at a distance (online and via telephone), and the ''availability of personal information'', and its volume held by Third Parties , has increased. In the USA much personal information, including Mortgage details, Social Security Number s, and Driving License details, are publicly available. Such sensitive information is far harder to obtain in most other countries, but it is typically held by numerous government and private sector bodies, and is consequently available to their many employees and associate organisations. Of particular concern is the comprehensive personal financial information and other related data held by Credit Reference Agencies . The proliferation of Junk Mail from many of these organisations, which often includes name and address, has exacerbated the situation. In the United Kingdom , companies such as car hire agencies, Car Dealership s, solicitors and Bank s now routinely take a copy of identity documents as a condition of doing business. This practice means that the subject is, in effect, losing control of his identity documents. As a result of Data Protection Legislation in the United Kingdom many organisations now require telephone callers to disclose personal details such as ''date of birth'' and ''mother's maiden name'' before they will enter into discussion. This allows eavesdroppers to collect this data. As a consequence more people are now giving "password responses" on being asked for such information, e.g. by telling the bank their mother's maiden name is Password rather than Smith. U.S. Identity fraud crimes now total $52.6B annually (up 2.3% from the previous survey), with a per-individual total of $5,686 per victim, according to the Javelin study. The Javelin random-sample study further showed that individual victims in the U.S. spend an average 28 hours restoring their affairs, while the majority of their costs are reimbursed by financial providers, who in turn pass much of the cost on to merchants or other service providers. Contrary to popular belief, illegal access to personal information often happens through traditional means such as paper financial statements, cheques or credit cards, and the perpetrator is often someone previously known to the victim, such as a "friend", family member, or acquaintance. It is rumoured that some local authorities in England have their rubbish sorted for Recycling by convicts, which represents an additional risk. This friend type of identity theft suggests that privacy guard strategies will not solve the problem and that it is the promiscuous nature of transactions at a distance -- without actual physical human contact -- that enables the fraud. However, if we ban all business from being done online or by phone, then the economy will be seriously harmed, so the solution may lie in serious unbreakable encryption with randomly generated codes and a dual key system. That or a secure line plus biometric verification plus a secured unhackable database of such biometric data in a central site. PRECAUTIONS AGAINST IDENTITY THEFT Rigorous research has shown that the following methods will be most effective at preventing identity theft or fraud:
In the USA :
IN POPULAR CULTURE The public fascination with impostors has long had an effect on Popular Culture and extends to modern literature. The story of , has been filmed {Link without Title} . In Frederick Forsyth 's novel The Day Of The Jackal the would-be assassin of General De Gaulle steals three identities. Firstly, he assumes the identity of a dead child who would be about the same age as himself, had the child lived. This is accomplished by obtaining the child's Birth Certificate and using it to apply for a Passport . He also steals the passports of a Danish clergyman and an American tourist, and disguises himself as each of those persons in turn so as to match the photographs in the passports. The first impersonation is often held up in the UK as an example of the need to tighten access to birth certificates. However, the fact that birth certificates are the fundamental means of identification, and are a requirement to obtain further identification means that no such controls could ever be put in place. OBJECTION TO THE TERM Some people object to the term "identity theft" as identity is not something that can be stolen: victims don't cease being who they are. Rather, the phrase is used to refer to Impersonation for the purpose of Fraud , Harassment , etc. Javelin's founder James Van Dyke recommends distinct usage for the terms "identity theft" and "identity fraud", with the former applied to unauthorized ''access'' to personal records and the latter to unauthorized (fraudulent) ''use'' of such records. Identity fraud is often committed without identity theft, as in the case of relatives who have been granted access to personal records, or criminals who randomly generate credit card numbers for fraud without even knowing the name of the victim. Furthermore, data breaches or true identity theft may not always result in fraud due to diligent prevention activities on the part of individuals, financial institutions, merchants, law enforcement or other entities. LEGAL RESPONSE In English Law , the Deception Offences under the Theft Act 1968 increasingly contend with identity theft situations. In ''R v Seward'' (2005) EWCA Crim 1941 the defendant was acting as the "front man" in the use of stolen credit cards and other documents of identification to obtain goods. This was a role not unlike that of the "mule" in drug importation cases because the front man takes the risk of going into stores where CCTV cameras may clearly identify him. He obtained goods to the value of £10,000 for others who were unlikely ever to be identified. The Court of Appeal considered sentencing policy for deception offences involving "identity theft". The defendant had a drug problem and it was argued that a drug treatment and testing order might be the more appropriate response, but the court concluded that a prison sentence was required. Henriques J. said at para 14: :"Identity fraud is a particularly pernicious and prevalent form of dishonesty calling for, in our judgment, deterrent sentences." SEE ALSO
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