[PASSED] Preventing Identity Theft

[Goobergunchia]

The World Assembly,

Recognizing past attempts to temper the horrific and life-shattering crime of identity theft through Resolution 110, “Identity Theft Prevention Act”, and its repeal by Resolution 574,

Believing that regardless of issues present within the past efforts to prevent identity theft, the principle behind protecting victims of identity theft is sound and should be upheld with a replacement,

Hoping to continue the prevention of identity theft and protection of those who do happen to be victims of identity theft from the consequences that naturally occur as a result of such a victimhood,

Hereby enacts the following into World Assembly law:

1. For the purposes of this resolution, ”Identity Theft” is defined as the act of intentionally and fraudulently taking an individual’s personal or financial information or identity for the purpose of it being passed off as someone else’s information or identity.
2. Identity theft and the sale or use of any stolen personal or financial information is outlawed in all member-nations.
3. The International Identity Database is tasked with the establishment, maintenance, and continued operation of a system in which stolen identities can be logged and tracked.
   1. Governments of member-states and accredited law enforcement agencies within member-nations shall have unrestricted access to upload stolen identities and stolen information from the victims of identity theft as discovered or reported in their nations, and are obligated to do so. These organizations may access, edit, and remove any information they upload to the database, and are obligated to do so in cases where requested by the victim of the relevant identity theft.
   2. Non-member-nations and other agencies may submit cases of identity thefts to the database. Any submissions from these organizations will be reviewed by the International Identity Database in order to ensure their validity and necessity. Similar control over the cases submitted by organizations under World Assembly control shall be afforded to these organizations, subject to the same process of review as initial submissions.
   3. Misuse of the International Identity Database will lead to heavy restrictions on that submitter. In the cases of organizations under World Assembly control, those restrictions will include a sanctions proportional with other similar non-compliance and review of future submissions to the system. For organizations not under World Assembly control, complete revocation of access to the database may occur, depending on severity. Full length of restrictions is subject to the opinions of the International Identity Database.
   4. All cases present within the International Identity Database shall be kept fully confidential and encrypted against any organization not specified as having access to any particular case, or otherwise deemed to be important to access by the committee.
   5. The International Identity Database is obligated, where possible and feasible within the manpower of the committee and access they have, to monitor marketplaces and transactions for the use of stolen identities, and to identify the relevant nation, law enforcement agencies, and marketplaces of the use of the stolen identity.
   6. Member-nations must monitor and keep a record of all cases of use of stolen identities within their jurisdictions, and submit these records to the International Identity Database.
4. Member-nations must, where possible, prevent identity theft and work with victims of identity theft in order to catch the perpetrators and punish them accordingly. Coordination between member-states in order to put an end to larger rings dedicated to committing identity theft should be accomplished to the highest degree reasonably effective.
5. In cases where victims were affected financially by the relevant identity theft, the total sum of losses shall be repaid to the victim. Further compensation is permitted and encouraged.
6. The development of technology, software, and other methods to prevent the occurrence of identity theft and handling the aftermath in order to minimize the impact of identity theft on victims and the general populace is strongly encouraged. Further, the implementation of these systems is urged to be supplied to the general populace as well as any vulnerable vendors.

Replacement of GA110. See my repeal here. Love feedback - I have 650ish characters to work with but I don't think I missed anything *that* major.

[Tinhampton]

2. Identity theft and the sale or use of any personal or financial information is outlawed in all member-nations.

If "the [...] use of any personal or financial information is outlawed," then how are individuals going to identify themselves or pay for anything, even where this does not constitute identity theft?

[Morover]

2. Identity theft and the sale or use of any personal or financial information is outlawed in all member-nations.

If "the [...] use of any personal or financial information is outlawed," then how are individuals going to identify themselves or pay for anything, even where this does not constitute identity theft?

Fixed; I managed to miss the word "stolen" despite rewriting the clause like four times before posting it here.

I also made a slight tweak to the definition to fix a possible error pointed out to me in private.

[Bananaistan]

OOC: A brief summary of how this is better than the other would be appreciated.

[Morover]

OOC: A brief summary of how this is better than the other would be appreciated.

Going issue-by-issue in my repeal:

Takes into account the issue regarding member-states not being able to access the database themselves.
Access by law enforcement is not unrestricted, and instead has some sensible restrictions in place (if they upload it, they can see it, or if it is actively being abused within their jurisdiction)
The issue that only reported identity theft could be uploaded is fixed.
Editing and removing stolen identities that are no-longer pertinent is now allowed.
Monetary compensation is more adequately handled.
The "World Identity Theft Database" isn't present, and the job it handles is more tactfully given elsewhere.
The exceptions present in the original resolution are no longer present, reducing the ability for abuse, and the definition of identity theft no longer requires it to already be considered a "crime".

Some other things not mentioned in the repeal that I think are improved in this proposal:
Non-member-state involvement in identity theft is dealt with.
I think the clause involving the development of technology is generally broader and should hopefully be more well-suited for what it is intended to do.




Any further feedback is always strongly appreciated!

[Bananaistan]

Monetary compensation is more adequately handled.

OOC: Who pays this compensation?

[Morover]

Monetary compensation is more adequately handled.

OOC: Who pays this compensation?

I intentionally didn't specify - I don't think it really matters. Most member-nations will offload it to the perpetrator but if they choose to cover it themselves, that's their own prerogative. My stance isn't so much enforced punishment, but rather a restoration of what was lost.

[Bananaistan]

OOC: Who pays this compensation?

I intentionally didn't specify - I don't think it really matters. Most member-nations will offload it to the perpetrator but if they choose to cover it themselves, that's their own prerogative. My stance isn't so much enforced punishment, but rather a restoration of what was lost.

OOC: Better switch back to IC for this.

IC: "So the taxpayer foots the bill? And possibly open ended too, or perhaps some millionaire loses some of their millions and still gets recompensed. Why should this one small category of theft be lifted up above all others and have WA mandated compensation for fools who manage to publish their personal details?"

[Morover]

I intentionally didn't specify - I don't think it really matters. Most member-nations will offload it to the perpetrator but if they choose to cover it themselves, that's their own prerogative. My stance isn't so much enforced punishment, but rather a restoration of what was lost.

OOC: Better switch back to IC for this.

IC: "So the taxpayer foots the bill? And possibly open ended too, or perhaps some millionaire loses some of their millions and still gets recompensed. Why should this one small category of theft be lifted up above all others and have WA mandated compensation for fools who manage to publish their personal details?"

Wilhelm Jer, Assistant Commercial Lawyer for the Morovian Department on the World Assembly.

"The taxpayer would only foot the bill should the nation under which they reside choose to take the costs unto themselves. Personally, I don't see why any reasonable nation would do this, and I have to imagine that most nations would just shift the cost unto the actual individual who stole the identity, at which point it could be handled like any other fine. I also bring into question your actual stance towards identity theft at large, where more often than not, the actual blame lays not in the victim. I find your assertion that it does to be alarming and, dare I say it, ignorant."

[Bananaistan]

OOC: Better switch back to IC for this.

IC: "So the taxpayer foots the bill? And possibly open ended too, or perhaps some millionaire loses some of their millions and still gets recompensed. Why should this one small category of theft be lifted up above all others and have WA mandated compensation for fools who manage to publish their personal details?"

Wilhelm Jer, Assistant Commercial Lawyer for the Morovian Department on the World Assembly.

"The taxpayer would only foot the bill should the nation under which they reside choose to take the costs unto themselves. Personally, I don't see why any reasonable nation would do this, and I have to imagine that most nations would just shift the cost unto the actual individual who stole the identity, at which point it could be handled like any other fine. I also bring into question your actual stance towards identity theft at large, where more often than not, the actual blame lays not in the victim. I find your assertion that it does to be alarming and, dare I say it, ignorant."

"Where the criminal is another country, or there is no organisation to take the blame or with the funds to take the blame with, the burden will fall on the taxpayer. This is bad. If someone nicks your telly, you don't come crying to the state looking for compensation, you get on with it. It should be the same here."

[The Hazar Amisnery]

In my nation (and probably many others) we have a government curated archive of every registered citizen in our nation which would make identity theft almost impossible so I do not see the need for an 'Identity Database'.

[Potted Plants United]

OOC: Does the database already exist? If yes, what resolution created it? If it doesn't, it should be created before tasks are given to it.

[Morover]

Wilhelm Jer, Assistant Commercial Lawyer for the Morovian Department on the World Assembly.

"The taxpayer would only foot the bill should the nation under which they reside choose to take the costs unto themselves. Personally, I don't see why any reasonable nation would do this, and I have to imagine that most nations would just shift the cost unto the actual individual who stole the identity, at which point it could be handled like any other fine. I also bring into question your actual stance towards identity theft at large, where more often than not, the actual blame lays not in the victim. I find your assertion that it does to be alarming and, dare I say it, ignorant."

"Where the criminal is another country, or there is no organisation to take the blame or with the funds to take the blame with, the burden will fall on the taxpayer. This is bad. If someone nicks your telly, you don't come crying to the state looking for compensation, you get on with it. It should be the same here."

Wilhelm Jer.

"I certainly understand where you're coming from, but I do believe it would be a minority of cases, so as to be negligible. I will think of a way to handle financial compensation; at the very least, I feel it is handled better here than in the prior resolution."

In my nation (and probably many others) we have a government curated archive of every registered citizen in our nation which would make identity theft almost impossible so I do not see the need for an 'Identity Database'.

"Your nation is not the only nation."

OOC: Does the database already exist? If yes, what resolution created it? If it doesn't, it should be created before tasks are given to it.

OOC: The resolution I'm repealing created it. Even after repeal, the committee will exist, just laying dormant.

[Araraukar]

OOC: The resolution I'm repealing created it. Even after repeal, the committee will exist, just laying dormant.

OOC: I'm very well aware of how committees work, but maybe your wording should reflect the "revival" in some way? One thing I remember having been used before on such a case was "restoring [committee name] and tasking it with". Makes it clearer that you're not creating a new committee.

[Morover]

I'd start getting feedback for the final version of this in, given that the repeal is submitted and will be going to vote in 2-6 days (depending on how GenSec rules a legality challenge of a proposal in front of it, and how promptly they do so).

[The Python]

Full support.

[Morover]

This shall be submitted promptly following the passage of my repeal of GA110, which seems inevitable at this point.

[Bears Armed]

Preliminary check conducted: It looks Legal to me.

By the way, you've got a clash of cases in 3.ii _

Any submissions from these organizations will be reviewed by the International Identity Database in order to ensure its validity and necessity.

Either "submissions" should be replaced by "submission" or "its" should be replaced by "their".

[Morover]

Preliminary check conducted: It looks Legal to me.

By the way, you've got a clash of cases in 3.ii _

Any submissions from these organizations will be reviewed by the International Identity Database in order to ensure its validity and necessity.

Either "submissions" should be replaced by "submission" or "its" should be replaced by "their".

Fixed.

Submitting shortly after major.

[Texkentuck]

President Schirkophf has walked into the room after a long flight on Owl Force One. The Presidents security detail has just finished checking the WA to make sure it is safe for the President. In walks the flag bearers with the Texkentuck Flag, UCCR, Flag and the Texkentuck Catholic Flag. The President walks in with his security as well as with Pope Constantine II with his security detail. The holy father raises his hand to the WA with a sign of the cross and blessing. The holy Father and the President take their seats together and both light up a cigar. Cokes are placed on the table by Owl Force One lead chefs. The Lead chef offers everyone on the WA any Texkentuck Coca Kola or Texk Bourbon, Vodka.


The Presidents opening statement is with a smile.
President Schirkophf states on the flight here I've reviewed the proposal and it appears the majority are for this greatly written logical proposal. But in the interest of our nation we attend the World Assembly because this is an international organization! We are for law and order and not the rule of the jungle. Texkentuck has the Texkentuck Federation Security Service. In it's division we have a department for identity theft. This proposal is already enacted in Texkentuck. Domestic Policy as such set by an international organization is crazy. We would like to see proposals to fight poverty, world hunger, and international threats of entity to our nation. A nation that chooses not to have such a division already that's the nations problem. It's not ours. We voted against the proposal specifically because it's too domestic.... We are for sovereignty in such areas. That's the only reason we vote this way. Our nation and Parliament wonders what control they have over domestic policy in being in the World Assembly....

President Schirkophf signs against the proposal...

Pope Constantine makes a statement as the president cast his vote.
Pope Constantine states we had a discussion about WA overstepping in domsestic proposals. Our nation knows that this proposal will go through by the overwhelming support. The WA is overstepping in other domestic laws as well no matter how good or bad. I acknowledge this proposal will definitely be good for the world. "But when it comes to a nations rule of law in such matters"? We cast a vote against for this reason. May God bless this WA and our nations. The pope looks to the nation that put the proposal through and states your proposal will be great for the world and written very well. But this is too domestic for many nations. Our nation is already in line with your proposal. It's very good but for the sake of democracy we believe the Parliament that was elected by the people should make such domestic law......Where is the international law?.................... Thank you for your nations support in making the World better because overall it does. Please think of our nations concerns and the minority of nations who voted against this. It's probably not about they are against it. Because they have their own law already in place. "It's too much of an overhaul for some nations"...... We are willing to cooperate with those nations. Any nation that would like for our officials to visit your nation to help when this proposal more and likely passes you can count on our cooperation. We hope nations will stand with the democratic minority of this great WA.....
Support International law but domestic law let the elected officials put in place by their citizens have that vote. We have a democracy don't we?...

President Schirkophf states- We are thankful to be here and we have made our concern known in why we cast our vote the way we do. May our nations prosper.
The President has a drink of Texkentuck Bourbon and enjoys his cigar. Pope Constantine is in a great mood and his words are very humble and a smile doesn't leave his face. The assembly notices a cameraman takes a picture of the President and Pope and overhears the two say to each other salute to the democracy and UCCR.

[New Kacperia]

Identity theft is not something that should be let-off. Any measure that will prevent identity theft by my standards is acceptable and nobody should bear going through a situation like this.

[Anozia]

the sale or use of any stolen personal or financial information is outlawed in all member-nations.

And thus, citizens woke up the next morning, discovering that Windows could no longer boot.
And they could not search for the reason on Google either, as it also stopped functioning.
And over the next days, Linux slowly started to follow, as the innumerable pieces of it contravening to the new law were witch-hunted.
Today the world is in ruins following the great civil wars that arose, but we all remember where we were when that ominous law was passed.
-- Records of unknown origin (theories say it may be a time capsule from an alternate reality)

[Otaku Stratus]

Seems to me the only necessary solution for identity theft is to eliminate the concept. Just treat it as any other kind of fraud... If someone befrauds a bank, they robbed a bank. They didn't rob YOU, so why should you be on the hook for it? It's not as if when someone busts into a vault and grabs cash, they start deducting it from anyone's account.
If the financial institution is responsible for covering any money taken out of your account fraudulently, and responsible for preventing fraud, they will solve that problem PDQ. It's only shifting responsibility to the accountholder that's led to problems.

[Separatist Peoples]

Seems to me the only necessary solution for identity theft is to eliminate the concept. Just treat it as any other kind of fraud... If someone befrauds a bank, they robbed a bank. They didn't rob YOU, so why should you be on the hook for it? It's not as if when someone busts into a vault and grabs cash, they start deducting it from anyone's account.
If the financial institution is responsible for covering any money taken out of your account fraudulently, and responsible for preventing fraud, they will solve that problem PDQ. It's only shifting responsibility to the accountholder that's led to problems.

"This reveals a poor understanding of contract law, ambassador. Such an approach complicates the necessary subjective requirements for contract formation and seriously increases the risk of contracting to the detriment of all industry. Contracts are, by design, simple to form, as society benefits from clear reciprocal obligations. Mudding those waters is harmful.

"The more efficient approach is to fight identity theft before it occurs with increased security measures, not to undercut societal expectations of commercial exchange."

[Texkentuck]

Seems to me the only necessary solution for identity theft is to eliminate the concept. Just treat it as any other kind of fraud... If someone befrauds a bank, they robbed a bank. They didn't rob YOU, so why should you be on the hook for it? It's not as if when someone busts into a vault and grabs cash, they start deducting it from anyone's account.
If the financial institution is responsible for covering any money taken out of your account fraudulently, and responsible for preventing fraud, they will solve that problem PDQ. It's only shifting responsibility to the accountholder that's led to problems.

"This reveals a poor understanding of contract law, ambassador. Such an approach complicates the necessary subjective requirements for contract formation and seriously increases the risk of contracting to the detriment of all industry. Contracts are, by design, simple to form, as society benefits from clear reciprocal obligations. Mudding those waters is harmful.

"The more efficient approach is to fight identity theft before it occurs with increased security measures, not to undercut societal expectations of commercial exchange."

President Schirkophf takes a puff of his car and listens to the excellent argument.

President then states- Separatist People and Otakut Stratus your arguments each make good points. But we must say it's more hard for a criminal to steal from an institution because of better safe guards. The most common we investigate is stolen identity and the moving of cash and using personal citizens accounts to money launder. Cash isn't normally stolen but used as a buffer with safe cash. Sometimes citizens don't notice but our institutions do and people wonder why their accounts are frozen for a time. Also our Institutions notify the account holder of the issue. We investigate such criminal acts daily in Texkentuck....Normally this issue isn't stolen cash but others accounts being used to show dirty money can be moved. Also we tend to find the persons identity is put on the black market when criminals see it's possible to use such accounts.

Pres. Bram W. Schirkophf
Texkentuck-UCCR