|
|
| --
| --
| Please note that there is a forger of my name, email and signature, using
| obscene language and profanity. If you encounter such an individual who
uses
| the name Yechidah, the sig YS, NOTE THAT THIS IS A FORGERY and you are
asked
| to contact: (e-mail address removed) with *Andrzej* in the subject line.
| The Internet Crime Task Force is very interested in receiving information
| pertaining to the forger.
|
| Forgery and identity theft are serious crimes and this matter is being
| treated as such.
|
| | > In article <
[email protected]>
| > >
| > > Fraudulent usage of someone's email and forging their name is a
criminal
| > > offense
| >
| > Oh?
| >
| >
|
| Yeah *OH*
|
| <DOC>
| [DOCID: f
ubl318.105]
|
|
| [[Page 112 STAT. 3007]]
|
| Public Law 105-318
| 105th Congress
|
| 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 <<NOTE: Identity Theft and
| Assumption Deterrence Act of 1998.>> assembled,
|
| SECTION 1. <<NOTE: 18 USC 1001 note.>> SHORT TITLE.
|
| This Act may be cited as the ``Identity Theft and Assumption
| Deterrence Act of 1998''.
|
| SEC. 2. <<NOTE: 18 USC 1028 note.>> CONSTITUTIONAL AUTHORITY TO ENACT
| THIS LEGISLATION.
|
| 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.
|
| SEC. 3. 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)--
|
| [[Page 112 STAT. 3008]]
|
| (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
|
| [[Page 112 STAT. 3009]]
|
| 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.
|
| SEC. 4. <<NOTE: 28 USC 994 note.>> AMENDMENT OF FEDERAL SENTENCING
| GUIDELINES FOR OFFENSES UNDER SECTION 1028.
|
| (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)--
|
| [[Page 112 STAT. 3010]]
|
| (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.
|
| SEC. 5. <<NOTE: 18 USC 1028 note.>> CENTRALIZED COMPLAINT AND CONSUMER
| EDUCATION
| SERVICE FOR VICTIMS OF IDENTITY THEFT.
|
| (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.
|
| SEC. 6. 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,
|
| [[Page 112 STAT. 3011]]
|
| 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),''.
|
| SEC. 7. 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) <<NOTE: Regulations.>> 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.
|
|
|
| [[Page 112 STAT. 3012]]
|
| ``(E) <<NOTE: Expiration date.>> This paragraph shall expire on
| December 31, 2001, and apply to filings through calendar year 2001.''.
|
|
|
| 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.
|
| <all>
|
|
|
