JOHN T.
FLOYD LAW
FIRM
Federal Criminal Defense
Lawyer
EXPERIENCED FEDERAL CRIMINAL LAWYER
TRIALS, SENTENCINGS, AND APPEALS
SERIOUS FEDERAL CRIMINAL DEFENSE
Phone (713) 224-0101
E-mail jfloyd@JohnTFloyd.com
"Serious Federal Criminal
Defense Throughout Texas
"
Theft
Is identity theft a federal crime?
Yes. The Identity Theft and Assumption Deterrence Act, enacted by Congress in October 1998 (and codified, in part, at 18 U.S.C. 1028(a)(7)) is the federal law directed at identity theft.
The Act makes it a federal crime when someone:
"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."
Note that under the Act, a name or SSN is considered a "means of identification." So is a credit card number, cellular telephone electronic serial number or any other piece of information that may be used alone or in conjunction with other information to identify a specific individual.
In most instances, a conviction for identity theft carries a maximum penalty of 15 years imprisonment, a fine and forfeiture of any personal property used or intended to be used to commit the crime. Schemes to commit identity theft or fraud also may involve violations of other statutes, such as credit card fraud; computer fraud; mail fraud; wire fraud; financial institution fraud; or Social Security fraud. Each of these federal offenses is a felony and carries substantial penalties - in some cases, as high as 30 years in prison, fines and criminal forfeiture.
Federal Law
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http://thomas.loc.gov
http://uscode.house.gov/
Gramm-Leach-Bliley Act of 1999 (GLBA) – Federal Trade Commission Regulations - 16CFR, Part 314 – Standards for Safeguarding Customer Information
Requires financial institutions, including colleges and universities, to develop plans and establish policies to protect customer information.
http://www.ftc.gov/privacy/glbact
http://www.sec.gov/rules/final/34-42974.htm
The Family Educational Rights and Privacy Act of 1974 (FERPA) (Title 20 U.S.C. § 1232g; 34 CFR Part 99)
Identifies students’ privacy rights with respect to their educational records and how, what and when schools can disclose information about a student.
http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
Health Care Portability and Accountability Act of 1996 (HIPAA)
Establishes national standards to protect the privacy of personal health information.
http://www.hhs.gov/ocr/hipaa/
USA Patriot Act of 2001 (Public Law 107-56)
Provides expanded law enforcement authorities to enhance the federal government’s efforts to detect and deter acts of terrorism in the United States or against United States’ interests abroad.
http://thomas.loc.gov/cgi-bin/bdquery/z?d107:h.r.03162:
The Cyber Security Enhancement Act (Section 225 of the Homeland Security Act of 2002, H.R. 5710)
Increases criminal penalties for computer crimes, allows disclosure of customer records in life-threatening situations, prohibits electronic advertising of eavesdropping devices, expands emergency use by law enforcement of pen registers and trap and trace devices for electronic surveillance
http://www.usdoj.gov/criminal/cybercrime/homeland_CSEA.htm
http://www.usdoj.gov/criminal/cybercrime/homeland_225.htm
Computer Fraud and Abuse Act (Title 18 USC § 1030)
Designed to reduce “hacking” of commercial computer systems; amended by the USA Patriot Act to increase the scope and related penalties for certain types of violations; expands the definition of loss to expressly include time spent investigating and responding for damage assessment and for restoration.
http://www.usdoj.gov/criminal/cybercrime/1030_new.html
Copyright Act of 1976; Digital Millennium Copyright Act of 1998 (DMCA)
Protects the intellectual property rights of copyright owners with respect to the publication, distribution and use of their works, including unauthorized copying and distribution of digital works such as music, movies, images, and software.
http://www.copyright.gov/laws/
Americans with Disabilities Act ( ADA ) – http://www.ada.gov/
Section 508 of the Rehabilitation Act of 1973, as amended 29 U.S.C § 794(d)
Requires Federal agencies (and entities that receive Federal funds) to make electronic and information technology accessible to people with disabilities, including employees and members of the public.
http://www.section508.gov/
CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing)
Establishes requirements for those who send commercial email, spells out penalties for spammers and companies whose products are advertised in spam if they violate the law, and gives consumers the right to ask emailers to stop spamming them.
http://www.ftc.gov/spam/
U.S. Patent and Trademark Office Website
Provides links to information about Federal patent and trademark law, which includes protection of Internet domain names.
http://www.uspto.gov/main/policy.htm
Anticybersquatting Consumer Protection Act
Amends certain trademark infringement, dilution, and counterfeiting laws to protect Internet domain names or other identifiers of online locations from unauthorized registration (“cybersquatting”)
http://thomas.loc.gov/cgi-bin/query/z?c106:S.1255.IS:
Citizen’s Guide to U.S. Federal Child Exploitation and Obscenity Laws
The Child Exploitation and Obscenity Section (CEOS) of the Department of Justice prosecutes individuals who violate federal law by sexually exploiting children and enforces the federal obscenity laws.
http://www.usdoj.gov/criminal/ceos/citizensguide_porn.html
The United States Constitution and Amendments
As a public institution, Cal Poly users may be subject to constitutional protections that may not apply to users in private business or non-public, private universities.
http://www.law.cornell.edu/constitution/constitution.table.html#amendments
First Amendment: http://www.law.cornell.edu/topics/first_amendment.html
The Freedom of Information Act (5 U.S.C. § 552, As Amended By Public Law No. 104-231, 110 Stat. 3048)
Ensures access to public information (agency rules, opinions, orders, records, and proceedings) maintained by Federal agencies.
http://www.usdoj.gov/oip/foia_updates/Vol_XVII_4/page2.htm
Fair and Accurate Credit Transactions Act of 2003
Creates measures to help prevent identify theft and to help victims of identity theft recover their credit reputations, including a National Fraud Alert System.
http://www.ftc.gov/opa/2004/06/factaidt.htm
Sarbanes-Oxley Act of 2002 (Public Company Accounting Reform and Investor Protection Act of 2002)
Protects investors by improving the accuracy and reliability of corporate disclosures. Covers issues such as establishing a public company accounting oversight board, auditor independence, corporate responsibility and enhanced financial disclosure.
http://en.wikipedia.org/wiki/Sarbanes-Oxley_Act
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