Analysis of Identity Theft, Research Paper Example

A 2006 report published by the United States Federal Trade Commission did explicitly acknowledge that cyber crime facilitated through identity theft is exponentially becoming a challenge for law enforcement. To begin with, it is prudent to come out with a concise understanding of what constitutes identity theft within the paradigm of the current legal dispensation of the United States. According to the Identity Theft and Assumption and Deterrence Act, United States Public Law 105-318 (1998), a person is said to be committing or committed identity theft when the person in question consciously uses or transfers any name or number other than his or hers without lawful authority. Indeed, this can include the usage of additional information to identify a particular individual with a motif to commit, or to collude with any process that violates provisions under federal law or that amounts to felony within the bracket of any applicable state or local law.

For good reasons, the above definition for identity theft tends to loosely extend its parameters to an unspecified radius to ensure that the law remains actively abreast with the evolving scope of the crime of identity theft given the recent complications brought about under the auspices of unbridled technological advancement. Being what it is, the real scope of what constitutes identity theft within the framework of the above definition largely remains a mater of subjective interpretation.

Suffice to at this juncture make a brief overture towards looking at the remote and immediate functional factors that encourage the proliferation of identity theft. According to Swans (2006), socioeconomic and demographic forces are critically within the sparse integers of identity theft. Urbanization and its attendant consequence of unemployment is seen as a potent mover of identity theft within the larger picture of immigration policies. When it comes to the question of the role of immigration, experts argue that most often than not identity theft criminals, who are undocumented immigrants illegal acquire and use the information of third party individuals most especially social security numbers with the aim of securing and maintaining jobs, opening bank accounts and other financial transactions etc. On the other extreme end lies the second group of identity theft criminals who engage in the act for the following primary reasons:

1. Ordering and receiving merchandise and services under false façade;
2. Stealing the financial assets of their victims;
3. Disguising themselves under the identity of the victim to engage in personal or corporate activities unknown to the victim.

Notwithstanding the aforementioned, another dimension of the loose end of the definition of what constitutes identity theft is based on the understanding that there are instances where the false usage of identity is not frowned upon by the legal regime of most civilized societies (Keefe, 2007 & Karasavin 2004). A shining example is the clandestine activities of some law enforcement agencies during investigative operations. Though within some jurisdictions such operations if improperly managed can trigger legal disputes, nevertheless, a clear distinction is required to make a lucid presentation of what is glaringly considered a criminal act and what may not in the most apparent form be adequately defined within the scope of criminal lexicons.

Reference:

Bob Keefe, “PC Security Still More of a Wish than a Promise,” The Atlanta Journal, February 3, 2007, p. 1A.

Federal Trade Commission –2006 Identity Theft Survey Report. Accessed from http://www.ftc.gov/os/2007/11/SynovateFinalReportIDTheft2006.pdf

Rachel, L. Swarns. “Failed Amnesty Legislation of 1986 Haunts the. Current Immigration Bills in Congress.” New York Times 2006

Sebastian Sprenger, “Maj. Gen. Lord Is a Groundbreaker,” Federal Computer Week, October 15, 2007, vol. 21, no. 34, p. 44.

Serge Krasavin, What is Cyberterrorism? Computer Crime Research Center, April 23, 2004, [http://www.crime-research.org/analytics/Krasavin/].

Tim Greene, “Storm Worm Strikes Back at Security Pros,” NetworkWorld.com, October 24, 2007, at [http://www.networkworld.com/news/2007/102407-storm-worm-security.html?nlhtsec=1022securityalert4&&nladname=102507securityal