Alaska is purported to have instituted one of the strongest identity theft protection laws through HB 25.

Although the bill sets out restrictions on the collection, sale and distribution to third parties of Social Security numbers, the exceptions should cover the normal course of business for private investigators.

A transfer of an individual’s social security number for the sole purpose of identifying a person about whom a report or database check is ordered, received, or provided is not a sale, lease, loan, trade, or rental of a social security number under this section.

Providing your clients an individual’s social security number is permitted if the purpose is regulated by the Gramm-Leach-Bliley Financial Modernization Act or by the Fair Credit Reporting Act. Disclosure is permissible if it’s “for a background check on the individual, identity verification, fraud prevention, medical treatment, law enforcement or other government purposes, or the individual’s employment, including employment benefits.”

Also, the police department may create a database of identity theft victims. If it does, it “shall provide a victim or the victim’s authorized representative access to a data base established under this section to establish that the individual has been a victim of identity theft. Access to the a data base established under this section is limited to criminal justice agencies, victims of identity theft, and individuals and agencies authorized by the victims.”

The FTC reached an agreement on Wednesday for $600,000 in settlements and judgments against several private investigators others involved in the Hewlett-Packard Co. boardroom scandal.

The FTC settlement imposed a $67,000 penalty against Matthew DePante, his father, Joseph DePante, and their now-defunct company, Action Research Group Inc., which was based in Clearwater, Fla. All but $3,000 was suspended due to their inability to pay.

The U.S. District Court for the Middle District of Florida, Orlando division, also entered default judgments against DePante’s subcontractors, Bryan Wagner, who must pay $428,085, and Cassandra Selvage and her company, Eye in the Sky Investigations Inc., who must pay $110,762.

More details on this topic can be found at the FTC website as well as other published articles. You can read the actual FTC complaints here.

What are your comments on this topic?

Jimmie Mesis, Editor-in-Chief
PI Magazine

Impersonating someone to a government agency or hiring another to carry out this ruse could result in a criminal prosecution.

The operators of BNT Investigations, which was not licensed in Washington state, where they were based, plead guilty to crimes that carry a minimum 2-year sentence. They “assumed the individuals’ identities and persuaded government agencies such as the Internal Revenue Service, the Social Security Administration and state labor departments to hand over tax, wage and other confidential records.” Private investigators from various states who submitted personally identifying information to the firm were also indicted and are still awaiting trial.

Private investigators, insurance companies and attorneys who hire others obtain personal information should confirm that they do not get unauthorized personal information from a government agency. Other laws invoke penalties for using subterfuge (not necessarily impersonating the subject) to secure telephone records from the provider or financial information from banks and account holders. Our clients don’t necessarily know this. It’s our job to educate them.

Data reseller USSearch.com will pay $250,000 for accessing and selling non-public personally identifiable information obtained from credit bureaus. The New York Attorney General determined that US Search illegally accessed the consumer information more than 2,385 times. If they sold each report for 100 bucks that would just cover the fine and penalties. Then there’s the litigation costs…

Selected Laws Governing the Disclosure of
Customer Phone Records by Telecommunications
Carriers, a recently released Congressional Research Service report, summarizes the laws, legislation and congressional actions related to telephone call log records. The Federation of American Scientists has a database of some of these CRS reports, which are selectively released by members of Congress.

The online telephone directory, 411.com isn’t just for finding listed telephone numbers. Use it to identify current employment or to expand the employment history profile of your subject. A search on my name in California returned 40 results. Some are home listings, but other records are work contacts. These are extracted from the Internet - Web pages and Zoominfo - and may supplement the business associations found at various other people finder sites.

Google the work designation “Mt Diablo Soccer League” to find a photo, phone number and email for this Tamara Thompson.

Most of the free lookup, fee-based people finder sites - PeopleFinders, Voompeople, Privateeye, to name a few, - contain the same data, although those may list corporation and DBA records not found at 411.com.

The recent proposal by the governor of Connecticut requiring that these sites offer a blanket opt-out to residents likely won’t get legal traction. The Internet people finder databases and telephone directories already have opt-out procedures, and their information is gathered from government public records and published directories. Governor Rell has stated that this measure would address safety concerns for the elderly, who are often targeted in financial scams.

This 1 1/2 day workshop starts at 8:30am and will be Webcast. The agenda of topics and speakers from government and commerce, and professional and advocacy groups, is prominently sprinkled with privacy activists who take absolutist positions against access by private investigators to credit bureau and government records that contain Social Security numbers. However, there are 338 comments submitted by the public, many of them are accounts by private investigators of the critical use of Social Security numbers to solve crimes, find people, break fraud rings and verify employment backgrounds.

Robert Townsend of the National Association of Legal Investigators is on the 1:45pm panel on Monday.

On December 10 and 11, 2007, the Federal Trade Commission will host a public workshop, “Security in Numbers: SSNs and ID Theft,” to explore the uses of Social Security numbers in the private sector and the role of SSNs in identity theft. This workshop continues the work of the President’s Identity Theft Task Force, and, in particular, its recommendation to explore ways to reduce unnecessary uses of the SSN. The workshop will provide a forum for public-sector, private-sector, and consumer representatives to discuss the various uses of SSNs by the private sector, the necessity of those uses, alternatives available, the challenges faced by the private sector in moving away from using SSNs, and how SSNs are obtained and used by identity thieves. The workshop will be free and open to the public.

While you’re viewing the video, read through the November 2007 Federal Trade Commission document, Staff Summary of Comments and Information Received Regarding the Private Sector’s Use of Social Security Numbers.

The profile you proudly blast across the Internet today may be one that makes you cringe tomorrow. Perhaps this is more the case as the general use of the Internet grows out of adolescence. You need not quake because for every Web faux pas there is a fee-based solution. DefendMyName claims to “replace negative Internet postings with positive information about you or your business” and to elevate your propaganda above the negative portrayals found through the search engines. Essentially, this service finds relevant social networking sites and adds your profile, and posts your personal image press release on relevant business and industry forums.

ReputationDefender speaks to the fear of the job seeker or parent that there may be some virtual image that needs cleansing. After they find these declarations (much of that, no doubt, created by the subject), reputationdefender sets about contacting “third parties, including creators of unwelcome content, hosts of unwelcome content, and other parties who might have control or authority over such content.” The User Agreement addresses any inclination you may have to engage this service targeting someone other than yourself. Search engine optimization is a more technical phrase for much of what these companies do. Here’s another one.

I guess I can classify my work as reputation research, which I do on behalf of others, not for the purpose of scrubbing an online image but to build a biography of admissions and activities. Researchers and investigators have always done this, but the popularity of the Internet has opened an area of specialized research. Social networking sites, which have been mined by companies for background on potential hires, have also connected people who want to find each other.

Authenticating found material may be difficult due to the anonymous uses of the Internet. Inevitably, people will use this shield to present favorable views of themselves while disguised in a persona. Be warned: Those who “anonymously” say nasty things about others may be uncovered and sued. The ability to alter digital content could have important implications for the dissemination and identification of official government documents and information.

Getting concrete about the work of uncovering reputation for professional uses, the authors of, Finding and Researching Experts and Their Testimony, offer a detailed guide to finding background and verifying credentials of various types of experts. Some of the sources discussed are: use of search engines, expert directories, the expert’s Web site, licensing boards, publications, news, discussion board posts, court dockets and other public records.

An older set of articles on researching people on the Internet is a good introduction.

Various sources for finding background on people are listed at People Finder Guide.

The well established may disappear overnight in the realm of online government records. Visitors to the Jefferson County, Alabama Probate Court online records search - the site for images of land records, personal property and probate recordings - were recently greeted by an unwelcome message.

Due to privacy concerns, this site is unavailable until further notice. Data is still available at the Jefferson County Probate offices.

A reporter alerted the county to the availability of Social Security numbers in some document images - mostly older UCC filings - which were not properly redacted. The site is completely down until all the SSNs can be removed.

California legislation that would have restored the public’s right to view police disciplinary information has apparently been derailed before being heard in the Assembly Public Safety Committee. The California Progress Report gives a detailed review.

The San Mateo County, California Court site has posted a Standing Order restricting personal data in court filings, in accordance with the California Rules of Court. Personal identifiers should be limited to the last 4 digits of the Social Security number, the year of birth, and initials for minor children.

Adoptees received some good news in a bill signed by the governor of Maine. Starting January 1, 2009 anyone adopted in Maine gains the right to their original birth certificate. Only 3 other states have unlocked adoption records that were formerly closed.

In the ever new species of state registries the Virginia Department of Agriculture and Consumer Services has sprouted the Dangerous Dog Registry!

The Dangerous Dog Registry provides a mechanism for consumers to determine if dangerous dogs reside in their neighborhoods and for local animal control officials to post information about dogs that have been declared dangerous by the local court.

The Work Number has added the U.S. Postal Service to its roster of employers that have employment and salary verifications listed at this online service. Search by current or former employee name and Social Security number to receive dates of employment, salary and job title for 820,000 active and inactive postal employees.

Over 70 employers have been added to The Work Number as a result of the merger with the employment verification service EVS. View a list of all employers or search by first word letter to identify participating companies.

The instant verifications - subject to the Fair Credit Reporting Act - are used for mortgage, credit card and other loan applications as well as to check references on job applicants, prospective tenants and people applying for government-sponsored social service programs.