(Passed) Identity Theft Prevention Act

[American Capitalist]

Identity Theft Prevention Act
A resolution to restrict political freedoms in the interest of law and order.
Category: International Security Strength: Mild

The World Assembly;

APPALLED at the actions of individuals and organizations who steal the identities of its persons and businesses to commit fraud, a crime known as identity theft;

HEARTBROKEN by the emotional and financial struggle victims of identity theft have to endure;

DETERMINED to reduce the risks of falling victim to identity theft and to increase the prosecution of identity thieves in all member states;

Hereby,

DEFINES Identity theft, as the crime of obtaining personal or financial information of another person without consent, for the purpose of assuming that person's name and/or to make fraudulent transactions or purchases;

DECLARES that identity theft shall be outlawed in all member states with exemption for the purposes of defense, intelligence and undercover crime fighting with respect given to civil liberties and individual privacy by applicable national and international law;

FURTHER DECLARES that the sale of personal/payment information for the purpose of identity theft shall be outlawed, and member states will commit to prosecute offenders to the fullest extent of the law within their jurisdiction;

CREATES the World Identity Theft Advisory Database as a tool for travelers where member states can list popular methods of identity theft within their nation and to teach citizens on how to avoid it;

ALSO CREATES the International Identity Database, which is only accessible by law enforcement agencies in all member nations. Law enforcement should add any person's account and identity information to this database if they report being a victim of identity theft. The database will notify local police if there are any attempts to use stolen accounts or identities;

DIRECTS member states to work as far as possible within their effective jurisdiction to fight identity theft by means of responding to and resolving reports of identity theft, and working alone or with other member states to root out identity thieves and their gangs;

REQUIRES member states to force convicted identity thieves to pay monetary compensation to the victims of their crime;

ENCOURAGES member states and security firms to research and implement better technologies and security features to cut identity theft;

STRONGLY URGES global financial, trade and retail industries (such as banks/building societies, credit agencies and the retail industry) to implement appropriate levels of strong and up-to-date counter identity theft technologies to protect their customers and to resolve any problems resulting from identity theft.

Co-Authored by Quadrimmina

This is my rough draft for an Anti-Identity theft resolution I'm still not sure what category and strength fits. I'm also open to dropping the committee and any ideas that fit with the original idea of the resolution.

[Hirota]

I'm not opposed to the idea outright, but this section got me worried.

DECLARES that it is a crime for a government or it’s citizens to commit identity theft under any circumstances and that nation shall carry this out to fullest of their ability.

Who exactly is going to enforce any act against a government which practices identity theft? Might be best to ban it outright, and let the WA Gnomes do thier job.

Otherwise, you need to work out a category and strength.

[Charlotte Ryberg]

This one has a potential for merit, but how we should tackle identity theft should be done carefully. Challenges to this draft include the fact that we cannot have a committee because I know that in this case any would result in a WA police force or some kind, which is illegal. You may also like to take the opportunity to check that it will not conflict with the Right to Privacy: this draft I assume would focus on identity theft as a crime. So, what ideas do I have in store?

Well, first I would suggest that member states should require convicted identity thieves to directly pay compensation to victims they took the identities from, rather than have a committee. Maybe ID theft victims should have the right to change their identity, as an option. Maybe encourage payment processing industries to improve security techniques to made identity fraud harder to commit as part of prevention. Educate the populace about the issues involving ID theft. Some of the ideas I have here, feel free to play around with them.

[American Capitalist]

This one has a potential for merit, but how we should tackle identity theft should be done carefully. Challenges to this draft include the fact that we cannot have a committee because I know that in this case any would result in a WA police force or some kind, which is illegal. You may also like to take the opportunity to check that it will not conflict with the Right to Privacy: this draft I assume would focus on identity theft as a crime. So, what ideas do I have in store?

Well, first I would suggest that member states should require convicted identity thieves to directly pay compensation to victims they took the identities from, rather than have a committee. Maybe ID theft victims should have the right to change their identity, as an option. Maybe encourage payment processing industries to improve security techniques to made identity fraud harder to commit as part of prevention. Educate the populace about the issues involving ID theft. Some of the ideas I have here, feel free to play around with them.

That's the basic idea what potential conflict do you see with a right to privacy? I've made some changes to the draft after your suggestions.

I'm not really confused about the strength it's going to be mild but I'm having trouble under what category to put it under suggestions? I don't believe this would fall under international security but we are dealing with a crime here.

[Charlotte Ryberg]

International Security, Mild.

DECLARES that it is a crime for a government or it’s citizens to commit identity theft under any circumstances and that nation shall carry this out to fullest of their ability;

I suggest a revision to something like:

DECLARES that identity theft under any circumstances shall be outlawed in all member states;

DIRECTS member states to work as far as possible within their effective jurisdiction to fight identity theft by means of responding to and resolving reports of identity theft, and working alone or with other member states to root out identity thieves and their gangs;

For reference, note the incorrect spelling in red: it should be "its citizens". There is a concern that member states may use identity spoofing as a tool of war to defeat enemies in war. You might want to find an exception to that but what does other member states think about identity theft in wartime?

[Manticore Reborn]

The Kingdom of Manticore Reborn has a question.

What about an undercover law enforcement officer who is using the known identity of someone in the effort to gain access to a criminal organization? Under the letter of this proposal that would be appear to be illegal.

My government would also like clarification on how this would effect espionage activities.

The humble representative from the Kingdom of Manticore yields the floor.

[American Capitalist]

I've edited it with the delegate from Charlotte Rybergs suggestions and have also edited it to try and ease the government of Manticore Reborn concerns.

[Manticore Reborn]

The Kingdom of Manticore Reborn has reviewed the changes and sees no further issue that would not allow us to approve of this proposal at this time.

[Charlotte Ryberg]

FURTHER REQUIRES business to take stronger Anti-Identity theft measures in order to protect their consumers;

Some small local businesses may not need so much measures or none at all (so I decided to suggest it as an URGES clause). Oh, and don't forget about the research!

ENCOURAGES member states and security firms to research and implement better technologies and security features to cut identity theft;

URGES the finance, trade and retail industry (such as banks/building societies, credit agencies and the retail industry) to implement appropriate levels of strong and up-to-date counter identity theft technologies to protect their customers and to resolve any problems resulting from identity theft;

URGES nations to start education programs and public service announcements to inform their citizens about identity theft.

Suggestion for rewording:

ENCOURAGES member states to raise awareness and educate the populace about the risks and consequences of identity theft, and steps they can take to avoid becoming a victim of identity theft.

There are many ways to raise awareness and noting we are starting to form a nifty common wording for our drafts we've done so far, this is no exception.

[American Capitalist]

Added the suggested changes.

I'm considering editing the prohibits clause to the the following:

PROHIBITS businesses from selling the identity of a person for monetary purposes or face a fine imposed by the nation that the crime was committed in;

Alternatively this:

DECLARES that the act of businesses selling identities or personal data shall be considers the same crime as identity theft and shall be persecuted as such;

Basically I'm trying to add a penalty of some kind in order to make this clause better.

[Charlotte Ryberg]

Try this:

FURTHER DECLARES that the sale of personal/payment information for the purpose of identity theft shall be outlawed, and member states will commit to prosecute offenders to the fullest extent of the law within their jurisdiction;

"Prosecute" is different from "persecute".

[American Capitalist]

Try this:

FURTHER DECLARES that the sale of personal/payment information for the purpose of identity theft shall be outlawed, and member states will commit to prosecute offenders to the fullest extent of the law within their jurisdiction;

"Prosecute" is different from "persecute".

Added I blame the Firefox spell check for that one I generally type fast and then have the spell check do the rest.

[Charlotte Ryberg]

Try this:

FURTHER DECLARES that the sale of personal/payment information for the purpose of identity theft shall be outlawed, and member states will commit to prosecute offenders to the fullest extent of the law within their jurisdiction;

"Prosecute" is different from "persecute".

Added I blame the Firefox spell check for that one I generally type fast and then have the spell check do the rest.

You're not the only one honoured ambassador: I have a fair share of the spelling errors!

DECLARES that identity theft shall be outlawed in all member states with exemption giving to the military and police force with respect to privacy rights;

But I wonder if the exception should be clarified as for the purpose of defence, intelligence and undercover crime fighting with respect given to civil liberties and individual privacy by applicable national and international law?

[American Capitalist]

Edited accordingly I think we have a generic phrase for a resolution when we want to respect civil liberties.

Okay new question I was wondering are there any more definitions that I need to give?

[Manticore Reborn]

But I wonder if the exception should be clarified as for the purpose of defence, intelligence and undercover crime fighting with respect given to civil liberties and individual privacy by applicable national and international law?

My government supports the intent of the honorable Ms. Harper's suggestion and after reviewing the changes made by the author of this legislation wish to go on record as in support of this resolution.

[Charlotte Ryberg]

APPALLED at the actions of individuals and organizations who steal the identities of its persons and businesses to commit fraud, a crime known as identity theft;

HEARTBROKEN by the emotional and financial consequences that victims of identity theft face;

DETERMINED to take action to cut identity theft and reduce the risks of falling victim to identity theft;

Above edited for grammar, wordiness and clarity. Note that "its" and "it's" are grammatically different.

[American Capitalist]

I've edited it accordingly

[American Capitalist]

I'm thinking about something perhaps we should include some modest regulations for government issues ids? Such as forcing them to take certain measures to prevent fake IDs?

[Quadrimmina]

I'm thinking about something perhaps we should include some modest regulations for government issues ids? Such as forcing them to take certain measures to prevent fake IDs?

That would kinda be micromanagement for domestic IDs..and for passports, we feel that GA#76, the Standardized Passport Act, deals with this sufficiently.

[American Capitalist]

I'm thinking about something perhaps we should include some modest regulations for government issues ids? Such as forcing them to take certain measures to prevent fake IDs?

That would kinda be micromanagement for domestic IDs..and for passports, we feel that GA#76, the Standardized Passport Act, deals with this sufficiently.

I forgot about that resolution so disregard the idea.

[American Capitalist]

BUMP I feel its time to work more on this resolution after passing the "Anti-Cyberterrorism" act.

[Charlotte Ryberg]

DEFINES Identity theft, as the crime of obtaining the personal or financial information of another person for the purpose of assuming that person's name to make transactions or purchases;

Needs change to:

DEFINES Identity theft, as the crime of obtaining personal or financial information of another person without consent, for the purpose of assuming that person's name and/or to make fraudulent transactions or purchases;

This is because as it stands it could outlaw purchases with consent.

[Nullarni]

Hmmm... I believe that I am willing to support this in its current form... That is, if no one can come up with a reason for me not to support it.

[American Capitalist]

Hmmm... I believe that I am willing to support this in its current form... That is, if no one can come up with a reason for me not to support it.

That's good to hear if you see any passages that could be an issue please speak up.

I have edited the resolution accordingly.

[Philimbesi]

I would like to see at least one or two clauses that indicate why this national level crime should be handled at an international level.

Nigel S Youlkin
USP Ambassador to the WA