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IDENTITY THEFT AND ASSUMPTION DETERRENCE ACT

 

 

Identity Theft DVD to help consumers prevent identity theft.

   United States Department of the Treasury announced January 23, 2006

Treasury Secretary Snow to Release DVD on Identity Theft January 26th

United States Department of the Treasury

 

 

Identity Guard

Your Identity, Your Credit, ther yours for life. Identity Guard helps you protect them!

 

FACT Act

Individuals are getting assistance in helping them assume greater responsibility in protecting their personal information. The FACT Act law provides consumers with access to a free credit report from each of the three major credit bureaus once a year.

(Click here to download .pdf version of the FACT ACT)

To request your free credit report call

(877) 322-8228

 or visit www.annualcreditreport.com

 

Credit Bureaus Announce How Consumers Can Access Free Credit Reports (Nov. 23, 2004)

Your Access to Free Credit Reports

To order, visit annualcreditreport.com, call 1-877-322-8228, or complete the Annual Credit Report Request Form and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. The form is on the back of this brochure; or you can print it from ftc.gov/credit. Do not contact the three nationwide consumer reporting companies individually. They are providing free annual credit reports only through annualcreditreport.com, 1-877-322-8228, and Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281.

 

Federal Trade Commission's national resource to help you learn about Identity Theft

 

Take Charge: Fighting Back Against Identity Theft (PDF 4.9MB)

Remedying the Effects of Identity Theft
(PDF 24KB)


What To Do If Your Personal Information Has Been Compromised
(PDF 152KB)

How Not to Get Hooked by a Phishing Scam (PDF 164KB)

Information Compromise: Business Guidance
(PDF 52KB)

 

File a Complaint

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Google
 
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ethanolconsultants.com shopherestore.com

...use this Google search to find the Identity theft protection news, products, services that you are looking for! Good luck with your search, we hope you visit us again.

 

IDENTITY PROTECTION & IDENTITY THEFT NEWS

The Top 10 Internet Scams of 2008 and 2009

ScamBusters.org

ScamBusters.org Newsletter (subscribe for free)

Identity GuardIdentity Guard - don't let credit fraud wipe you out, keep tabs on your credit report

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Privacy Tactics teaches you how to drastically reduce your risks

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Panicware.com - software to stop pop-ups, spam, and more...

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Have you ever said that when you saw a must-have product on TV or in an ad? Check out our national brands and much more!tm

Looking to start an online business or presence and need a domain name and much more? Country store selections with FREE services with each domain name registration! Start your online business tonight!!tm

 

Identity Theft Protection - latest books

AnnualCreditReport.com is the official site to help consumers to obtain their free credit report - one from each of the three main credit reporting companies, Equifax, Experian, and TransUnion.

TIP (from our own experience): There is an offer on each site for your credit score, FICA score, for a nominal fee during the ordering of your free credit report - it is worth it because the fee is at least double after you've ordered your free report and it isn't available separately.

 

 

 

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Patriotism News, Articles and resources around the U.S. & the World

New Identity Theft Legislation

"Restore Your Identity Act of 2001"

S.1742

Restore Your Identity Act of 2001 complete text

Click here for an updated list of identity theft & Internet privacy books

What Can Consumers Do To Avoid Becoming Theft of Identity Victims?

"10 ways to foil the privacy thieves" by Jeff Wuorio

 

Social Security Administration (SSA) - Web site page on Identity Theft and their partnering with other federal agencies to find ways to detect and prevent identity theft. Click here for more information.

 

SSA's Fraud Hotline 1-800-269-0271

Federal Trade Commission (FTC) ID Theft Hotline 1-877-IDTHEFT (438-4338)

Your Identity, Your Credit, ther yours for life. Identity Guard helps you protect them! Victims of Identity Theft - calls to make immediately to report the fraud - the above numbers and...

The 3 main credit reporting agencies:

Report Fraud:
Equifax 1-800-525-6285
Experian 1-888-EXPERIAN (397-3742)
Trans Union 1-800-680-7289

Request that a fraud alert be placed on your record! Prepare a 100-word statement that you can have added to your records; request to be contacted by telephone before any credit is granted.

Check out Privacy Rights Clearinghouse for more helpful tips, resources and support contacts -  Privacy Rights Clearinghouse
 

 

New Law to Limit Use of Social Security Numbers

(California's Office of Privacy Protection)

 

Privacy Laws

(California & Federal)

 

Your Privacy Protection Under the Law

The Identity-Theft Survival Kit

The Identity Theft Survival Kit: A Complete Guide for Restoring Your Credit and Your Peace of Mind (book, cassettes, and diskette)

"Listen to comforting advice and words of wisdom from victims of identity theft and professionals personally involved in solving id theft cases and helping victims. The Identity-Theft Survival Kit is a valuable resource to include in your quest for peace of mind and justice!" Mike & The Staff at the Personal Infomediary Center.

Editorial Reviews

Jon Kyl, U.S. Senator, Chairman, Subcommittee on Technology, Terrorism and Government information
"Thank you for your testimony of May 20 as an advocate on behalf of victims of identity theft. Your detailed account of the impact of identity theft on consumers was compelling, especially in light of the extensive number of individuals to whom you have provided pro bono help. I also want to thank you for your support of my identity theft legislation, and your specific comments explaining the benefits of S. 512 to victims. Such testimony has been exceedingly helpful in providing the foundation for seeking broad-based Congressional support."

Judd A. Levenson, Detective - Major Crimes/Frauds Unit, Springfield Police Department "Your book is fantastic for aiding the victim in the credit nightmare to come when they attempt to clear up credit problems which results in a daily dreading of opening mail and receiving phone calls from the various collection agencies. Your book also greatly assists the victim in coping with the mind numbing realization of how easy a company believes the impersonator and how difficult this same business becomes when dealing with the identity fraud victim."

The Identity-Theft Survival Kit includes:

bullet

The book, "From Victim to Victor," which outlines specific steps to end the nightmare of identity theft.

bullet

Attorney-written form letters (hard copy & computer-diskette) to use in protecting your legal rights and re-establishing your credit.

bullet

Six audio taped interviews - experts empower you with successful techniques to regain your credit, identity,
and sanity!

bullet

Authored by Mari J. Frank, ESQ., an attorney, and identity theft victim herself!

To learn more about the survival kit and identity theft protection, visit Mari Frank's web site, http://www.identitytheft.org/, and to find out "What to Do First" http://www.identitytheft.org/whattodo.htm

For quick Identity-Theft Survival Kit order processing, visit their order page

cover   Identity Theft: How to Protect Your Most Valuable Asset
 

find out more information

 

 

Identity Theft Resource Center

started by Identity theft victim  Linda Foley

  Identity Theft Resources ..at the Privacy Rights Clearinghouse
 

If you are a victim...Federal Trade Commission's Identity Theft Clearinghouse

Your Identity, Your Credit, ther yours for life. Identity Guard helps you protect them!

IDENTITY THEFT AND ASSUMPTION DETERRENCE ACT

Click here for the full text - a pdf file to download or view

Provided for your convenience, the full text follows below...

IDENTITY THEFT AND ASSUMPTION DETERRENCE ACT

As amended by Public Law 105-318, 112 Stat. 3007 (Oct. 30, 1998)

An Act

To amend chapter 47 of title 18, United States Code, relating to identity fraud, and for other purposes. [NOTE: Oct. 30, 1998 - [H.R. 4151]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [NOTE: Identity Theft and Assumption Deterrence Act of 1998.]

Sec.
001. Short Title
002. Constitutional Authority to Enact this Legislation.
003. Identity Theft
004. Amendment of Federal Sentencing Guidelines for Offenses Under Section 1028
005. Centralized Complaint and Consumer Education Service for Victims of Identity Theft
006. Technical Amendments to Title 18, United States Code
007
. Redaction of Ethics Reports Filed by Judicial Officers and Employees

   001. Short Title. [NOTE: 18 USC 1001 note.]

This Act may be cited as the "Identity Theft and Assumption Deterrence Act of 1998".

   002. Constitutional Authority to Enact this Legislation. [NOTE: 18 USC 1028 note.]

The constitutional authority upon which this Act rests is the power of Congress to regulate commerce with foreign nations and among the several States, and the authority to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the Government of the United States or in any department or officer thereof, as set forth in article I, section 8 of the United States Constitution.

   003. Identity Theft.

(a) Establishment of Offense.--Section 1028(a) of title 18, United States Code, is amended--

(1) in paragraph (5), by striking "or" at the end;
(2) in paragraph (6), by adding "or" at the end;
(3) in the flush matter following paragraph (6), by striking "or attempts to do so,"; and
(4) by inserting after paragraph (6) the following:

"(7) knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law;".


(b) Penalties.--Section 1028(b) of title 18, United States Code, is amended--

(1) in paragraph (1)--


(A) in subparagraph (B), by striking "or" at the end;
(B) in subparagraph (C), by adding "or" at the end; and
(C) by adding at the end the following:

"(D) an offense under paragraph (7) of such subsection that involves the transfer or use of 1 or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating $1,000 or more during any 1-year period;";

(2) in paragraph (2)--

(A) in subparagraph (A), by striking "or transfer of an identification document or" and inserting ", transfer, or use of a means of identification, an identification document, or a"; and
(B) in subparagraph (B), by inserting "or (7)" after "(3)";

(3) by amending paragraph (3) to read as follows:

"(3) a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed--

"(A) to facilitate a drug trafficking crime (as defined in section 929(a)(2));
"(B) in connection with a crime of violence (as defined in section 924(c)(3)); or
"(C) after a prior conviction under this section becomes final;";

(4) in paragraph (4), by striking "and" at the end;
(5) by redesignating paragraph (5) as paragraph (6); and
(6) by inserting after paragraph (4) the following:

"(5) in the case of any offense under subsection (a), forfeiture to the United States of any personal property used or intended to be used to commit the offense; and".

(c) Circumstances.--Section 1028(c) of title 18, United States Code, is amended by striking paragraph (3) and inserting the following:

"(3) either--

"(A) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce; or
"(B) the means of identification, identification document, false identification document, or document- making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section.".

(d) Definitions.--Subsection (d) of section 1028 of title 18, United States Code, is amended to read as follows:

"(d) In this section--

"(1) the term `document-making implement' means any implement, impression, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement;
"(2) the term `identification document' means a document made or issued by or under the authority of the United States Government, a State, political subdivision of a State, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals;
"(3) the term `means of identification' means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any--

"(A) name, social security number, date of birth, official State or government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number;
"(B) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation;
"(C) unique electronic identification number, address, or routing code; or
"(D) telecommunication identifying information or access device (as defined in section 1029(e));

"(4) the term `personal identification card' means an identification document issued by a State or local government solely for the purpose of identification;
"(5) the term `produce' includes alter, authenticate, or assemble; and
"(6) the term `State' includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the United States.".

(e) Attempt and Conspiracy.--Section 1028 of title 18, United States Code, is amended by adding at the end the following:

"(f ) Attempt and Conspiracy.--Any person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.".

(f ) Forfeiture Procedures.--Section 1028 of title 18, United States Code, is amended by adding at the end the following:

"(g) Forfeiture Procedures.--The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 (other than subsection (d) of that section) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853).".

(g) Rule of Construction.--Section 1028 of title 18, United States Code, is amended by adding at the end the following:

"(h) Rule of Construction.--For purpose of subsection (a)(7), a single identification document or false identification document that contains 1 or more means of identification shall be construed to be 1 means of identification.".

(h) Conforming Amendments.--Chapter 47 of title 18, United States Code, is amended--

(1) in the heading for section 1028, by adding "and information" at the end; and
(2) in the table of sections at the beginning of the chapter, in the item relating to section 1028, by adding "and information" at the end.

  004. Amendment of Federal Sentencing Guidelines for Offenses Under Section 1028. [NOTE: 28 USC 994 note.]

(a) In General.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and the policy statements of the Commission, as appropriate, to provide an appropriate penalty for each offense under section 1028 of title 18, United States Code, as amended by this Act.
(b) Factors for Consideration.--In carrying out subsection (a), the United States Sentencing Commission shall consider, with respect to each offense described in subsection (a)--

(1) the extent to which the number of victims (as defined in section 3663A(a) of title 18, United States Code) involved in the offense, including harm to reputation, inconvenience, and other difficulties resulting from the offense, is an adequate measure for establishing penalties under the Federal sentencing guidelines;
(2) the number of means of identification, identification documents, or false identification documents (as those terms are defined in section 1028(d) of title 18, United States Code, as amended by this Act) involved in the offense, is an adequate measure for establishing penalties under the Federal sentencing
guidelines;
(3) the extent to which the value of the loss to any individual caused by the offense is an adequate measure for establishing penalties under the Federal sentencing guidelines;
(4) the range of conduct covered by the offense;
(5) the extent to which sentencing enhancements within the Federal sentencing guidelines and the court's authority to sentence above the applicable guideline range are adequate to ensure punishment at or near the maximum penalty for the most egregious conduct covered by the offense;
(6) the extent to which Federal sentencing guidelines sentences for the offense have been constrained by statutory maximum penalties;
(7) the extent to which Federal sentencing guidelines for the offense adequately achieve the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code; and
(8) any other factor that the United States Sentencing Commission considers to be appropriate.

   005. Centralized Complaing and Consumer Education Service for Victims of Identity Theft. [NOTE: 18 USC 1028 note.]

(a) In <<NOTE: Deadline.>> General.--Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall establish procedures to--

(1) log and acknowledge the receipt of complaints by individuals who certify that they have a reasonable belief that 1 or more of their means of identification (as defined in section 1028 of title 18, United States Code, as amended by this Act) have been assumed, stolen, or otherwise unlawfully acquired in violation of section 1028 of title 18, United States Code, as amended by this Act;
(2) provide informational materials to individuals described in paragraph (1); and
(3) refer complaints described in paragraph (1) to appropriate entities, which may include referral to--

(A) the 3 major national consumer reporting agencies; and
(B) appropriate law enforcement agencies for potential law enforcement action.

(b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.

   006. Technical Amendments to Title 18, United States Code.

(a) Technical Correction Relating to Criminal Forfeiture Procedures.--Section 982(b)(1) of title 18, United States Code, is amended to read as follows: "(1) The forfeiture of property under
this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 (other than subsection (d) of that section) of the Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 853).".
(b) Economic Espionage and Theft of Trade Secrets as Predicate Offenses for Wire Interception.--Section 2516(1)(a) of title 18, United States Code, is amended by inserting "chapter 90 (relating to protection of trade secrets)," after "to espionage),".

   007. Redaction of Ethics Reports Filed by Judicial Officers and Employees.

Section 105(b) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following new paragraph:

"(3)(A) This section does not require the immediate and unconditional availability of reports filed by an individual described in section 109(8) or 109(10) of this Act if a finding is made by the Judicial Conference, in consultation with United States Marshall Service, that revealing personal and sensitive information could endanger that individual.
"(B) A report may be redacted pursuant to this paragraph only--

"(i) to the extent necessary to protect the individual who filed the report; and
"(ii) for as long as the danger to such individual exists.

"(C) The Administrative Office of the United States Courts shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate an annual report with respect to the operation of this paragraph including--

"(i) the total number of reports redacted pursuant to this paragraph;
"(ii) the total number of individuals whose reports have been redacted pursuant to this paragraph; and
"(iii) the types of threats against individuals whose reports are redacted, if appropriate.

"(D) The Judicial Conference, in consultation with the Department of Justice, shall issue regulations setting forth the circumstances under which redaction is appropriate under this paragraph and the procedures for redaction.[NOTE: Regulations.]
"(E) This paragraph shall expire on December 31, 2001, and apply to filings through calendar year 2001.". [NOTE: Expiration date.]

Approved October 30, 1998.

LEGISLATIVE HISTORY--H.R. 4151 (S. 512):

SENATE REPORTS: No. 105-274 accompanying S. 512 (Comm. on the Judiciary).


CONGRESSIONAL RECORD, Vol. 144 (1998):

Oct. 7, considered and passed House.
Oct. 14, considered and passed Senate.


WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):

Oct. 30, Presidential statement.

 

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