[Congressional Record Volume 144, Number 38 (Monday, March 30, 1998)]
[Extensions of Remarks]
[Pages E512-E513]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                INTRODUCTION OF THE IDENTITY PIRACY ACT

                                 ______
                                 

                          HON. ROSA L. DeLAURO

                             of connecticut

                    in the house of representatives

                         Monday, March 30, 1998

  Ms. DeLAURO. Mr. Speaker, last week I introduced the Identity Piracy 
Act to give the Secret Service and prosecutors more crime fighting 
tools to protect victims of identity fraud. Under current law, the 
attempt to defraud an individual by using his or her identity is not by 
itself a punishable offense. The Identity Piracy Act (IPA) closes this 
loophole, and makes the theft of one's identity a specific category of 
crime punishable under federal law.
  In order to prosecute someone for identity fraud under current law, a 
person must commit another type of fraud such as wire, bank, or credit 
card fraud. The IPA would make the act of obtaining someone's identity 
with the intent to defraud a person or entity a federal crime. 
Punishment would include up to twenty years in prison, additional time 
for a conspiracy to commit identity fraud, fines, and restitution.
  Imagine learning that someone has stolen your name and social 
security number and used an out-of-state address to apply for nearly 15 
credit cards. Imagine that you didn't learn about the theft of your 
identity until the credit card company calls to check with you about 
$2,500 worth of charges you didn't make. Under current law, only the 
theft of the $2,500, and not the assumption of your identity, is 
punishable by federal law. The Identity Piracy Act (IPA) closes this 
loophole, and makes the theft of one's identity a crime.
  The provisions of the IPA are similar to those of the Senate Identity 
Theft and Assumption Deterrence Act. However, the IPA contains language 
endorsed by the Secret Service that clearly defines identity fraud as a 
federal crime and expands penalties for this crime.
  Like the Identity Theft and Assumption Deterrence Act (ITADA), the 
IPA would give law enforcement officials more crime fighting tools to 
protect victims of identity fraud. It would also enable victims to seek 
financial restitution from identity fraud thieves, and give law 
enforcement officials expanded authority to seize the equipment that 
enable thieves to steal the identities of consumers.
  Unlike other proposed identity fraud legislation, the IPA clearly 
defines the threshold that makes identity fraud a federal crime. The 
threshold provisions enable prosecutors to determine what actions 
trigger a federal identity fraud crime.
  The IPA eliminates the dollar threshold for making identity fraud a 
federal crime. Under ITADA, a person must use an individual's identity 
to steal at least $1,000 to make this type of fraud a federal crime.
  The IPA would make taking the identity of both a person or an entity, 
such as a corporation, a federal crime. ITADA only covers theft from a 
person, not an entity.
  The IPA refines what a court may provide in restitution to the victim 
of identity fraud. Under the IPA the court can provide restitution for 
attorney fees, to clear credit or debt history problems, and to clear 
debts and liens against a person. ITADA does not clearly define the 
restitution that can be provided.
  The IPA refines the punishment for conspiracy to commit identity 
fraud. ITADA does not clearly define the punishment for conspiracy. IPA 
would increase the penalty for conspiracy by half of the maximum 
sentence for identity fraud.
  The IPA creates definitions for what constitutes: a ``means of 
identification,'' a ``personal identifier,'' an ``identification 
device,'' and ``personal information or data.'' For example, use of 
data such as a fingerprint, a voice print, and a retina or iris image 
are identifiers that if used by an identity thief would be punishable 
under this law.
  Federal law enforcement officials need to be able to keep up with 
changes in technology that have increased the number of identity fraud 
cases, in order to protect victims. We need to protect the rights of 
consumers like my constituent, Denise, whose case involving the theft 
of $2,500 I described earlier. Denise has had to fight to clear her 
credit record of illegal charges. Since the initial theft, Denise 
learned that the identity thiefs obtained credit in her name to lease 
housing. Landlords trying to collect from their tenants in out-of-state 
courts have led to a credit reporting nightmare for Denise.
  The IPA would enable the Secret Service to pursue Denise's identity 
thieves. Under this bill, if these thieves are caught, they can be 
arrested on identity theft charges alone, their equipment for obtaining 
Denise's identity can be confiscated, and the courts can provide Denise 
the restitution she needs to clear her credit.
  The IPA also gives people like my constituent, Denise, the assurance 
that law enforcement officials will have all of the tools they need to 
combat identity theft. I am sure that

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many of my colleagues will learn about situations similar to Denise's, 
and I urge you to consider cosponsoring the IPA to advance this 
important crime fighting tool.

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