ID Theft Measures Pass House

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A bill that would update the state's identify theft law to include Internet activities such as "phishing" and "spoofing" and allow victims to seek relief through Kentucky's circuit courts passed the House 97-0 today.

 

House Bill 553, sponsored by Rep. Robin Webb, D-Grayson, would make the crime of phishing--an online attempt to gain a person's financial information by imitating a legitimate business contact--a Class D felony that would carry 1 to five years in prison. Spoofing, or harassing someone online by using another's identity, would be a misdemeanor under the bill's broadening of the crime of harassing communications.

 

Kentucky would be the first state to institute the provisions regarding circuit courts. Those provisions would allow victims to seek a court's determination that they are an identity theft victim so they would be better able to work with financial institutions involved in the matter. Another provision would allow victims who were charged with a crime stemming from their identity theft but cleared of those charges to make a motion to the court that their identifying information be removed from certain records.

 

Rep. John Vincent, D-Ashland, who cosponsored the bill, said HB 553 adds to work that has already been done on the issue.

 

"We have to continually update the law to keep up with identity theft," said Vincent.

 

Other provisions would require law enforcement to take identity theft complaints when someone suspects their identity was used in the commission of a crime, allow those whose identities were used in the commission of crimes to file civil actions, provide that someone committing identity theft with a forged document--such as a forged check--could be charged with forgery, restrict business use of Social Security numbers and offer protection from security breaches.

 

A total of 5,400 Kentuckians have reported an average loss of $600 from identity theft, according to another HB 553 cosponsor, Rep. Jim Glenn, D-Owensboro. Nationwide, more than 8.3 million people have been victimized.

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