~ front burner legislation impacts private investigators and every industry that needs information ~

The firestorm from the ChoicePoint blunder is fast moving through the United States Senate and state legislatures. Although the fraud, perpetrated by identity thieves, was instigated at least 6 months ago, the FBI did not direct ChoicePoint to cut off access to the illicit businesses at that time, which might have blunted this crime. It’s unclear whether any benefit will accrew to citizens from the FBI delay because the perpetrators appear to be individuals, or possibly organized crime, from other countries. [From eworld wire: “This past October, law enforcement officials suspected Russian mobsters to be behind a major identity theft racket in Brighton, Mass.”] Here are the current bills.

S. 29: Social Security Number Misuse Prevention Act

(1) IN GENERAL.–Chapter 47 of title 18, United States Code, is amended by inserting after section 1028 the following: “§1028A. Prohibition of the display, sale, or purchase of social security numbers…

S.115 Notification of Risk to Personal Data Act

(1) IN GENERAL.–Any agency, or person engaged in interstate commerce, that owns or licenses electronic data containing personal information shall, following the discovery of a breach of security of the system containing such data, notify any resident of the United States whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person.

S.116 Privacy Act of 2005

1) IN GENERAL.–It is unlawful for a commercial entity to collect personally identifiable information and disclose such information to any nonaffiliated third party for marketing purposes or sell such information to any nonaffiliated third party, unless the commercial entity provides–
(A) notice to the individual to whom the information relates in accordance with the requirements of subsection (b); and
(B) an opportunity for such individual to restrict the disclosure or sale of such information.

Search for state bills across all states by keyword. Here are some of the state bills pending or enacted this year related to identity theft.

The Los Angeles court index shows that a Olatunji Oluwatosin had the following charges filed against him in December. He was apparently arrested in October. The FBI conducted an investigation (one wonders when that started) on this matter but Federal charges have not been filed. Perhaps they’ll use Oluwatosin in state court to sweat out the greater toxins. The charges, please:
PC470. (b) Every person who, with the intent to defraud, counterfeits or forges the seal or handwriting of another is guilty of forgery.
PC532a. (1) Any person who shall knowingly make or cause to be made, either directly or indirectly or through any agency whatsoever, any false statement in writing, with intent that it shall be relied upon, …for the benefit of either himself or of such person, firm or corporation shall be guilty of a public offense.
PC530.5. (a) Every person who willfully obtains personal identifying information, as defined in subdivision (b), of another person, and uses that information for any unlawful purpose,… is guilty of a public offense, and upon conviction therefor, shall be punished either by imprisonment in a county jail not to exceed one year, a fine not to exceed one thousand dollars ($1,000), or both that imprisonment and fine, or by imprisonment in the state prison, a fine not to exceed ten thousand dollars ($10,000), or both that imprisonment and fine.

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