Risk
7/2/2008
01:47 PM
50%
50%

California Expands Identity Theft Prosecution

State law now allows identity thieves to be tried in the victims' jurisdictions, rather than only in the places the crimes occur.

California has passed a law that makes it easier to prosecute identity thieves.

Gov. Arnold Schwarzenegger signed Senate Bill 612 into law this week. It allows prosecutors to charge people with identity theft in the jurisdictions where the victims live. Without the bill, prosecutions could only take place where the crime occurred, which is usually in the perpetrators' towns or cities.

"That may make sense if it's in an old-fashioned property crime like a burglary, or even an auto theft," said Sen. Joe Simitian, a Palo Alto Democrat who sponsored the bill. "If an identity thief in Los Angeles goes online and steals the identity of a half dozen people in San Jose, the crime [had] to be prosecuted in L.A. That makes no sense at all, and, of course, it makes prosecution altogether unlikely."

Simitian said that system favored criminals, rather than helped victims.

"Local prosecutors are likely to be more aggressive on behalf of local victims," he said.

The new law does not require prosecution where the victim lives. Instead, it allows a judge to choose where to try identity-theft cases. Simitian and Republican Sens. Dave Cogdill and Bob Margett introduced the law after a "Governor's 2005 Summit on Identity Theft Solutions" highlighted the problem in a report.

Schwarzenegger said he's committed to protecting Californians' personal information and privacy.

"This commonsense legislation will lead to more prosecutions of this terrible crime, and anyone that commits or even thinks of committing identity theft should know that they will be prosecuted to the fullest extent of the law," he said. Lenny Goldberg of Privacy Rights Clearinghouse said the law puts teeth into existing laws.

"Without prosecution, there's no deterrent," he said.

Comment  | 
Print  | 
More Insights
Comments
Newest First  |  Oldest First  |  Threaded View
1.9 Billion Data Records Exposed in First Half of 2017
Kelly Jackson Higgins, Executive Editor at Dark Reading,  9/20/2017
To Be Ready for the Security Future, Pay Attention to the Security Past
Liz Maida, Co-founder, CEO & CTO, Uplevel Security,  9/18/2017
Register for Dark Reading Newsletters
White Papers
Video
Cartoon Contest
Current Issue
Security Vulnerabilities: The Next Wave
Just when you thought it was safe, researchers have unveiled a new round of IT security flaws. Is your enterprise ready?
Flash Poll
[Strategic Security Report] How Enterprises Are Attacking the IT Security Problem
[Strategic Security Report] How Enterprises Are Attacking the IT Security Problem
Enterprises are spending more of their IT budgets on cybersecurity technology. How do your organization's security plans and strategies compare to what others are doing? Here's an in-depth look.
Twitter Feed
Dark Reading - Bug Report
Bug Report
Enterprise Vulnerabilities
From DHS/US-CERT's National Vulnerability Database
CVE-2017-0290
Published: 2017-05-09
NScript in mpengine in Microsoft Malware Protection Engine with Engine Version before 1.1.13704.0, as used in Windows Defender and other products, allows remote attackers to execute arbitrary code or cause a denial of service (type confusion and application crash) via crafted JavaScript code within ...

CVE-2016-10369
Published: 2017-05-08
unixsocket.c in lxterminal through 0.3.0 insecurely uses /tmp for a socket file, allowing a local user to cause a denial of service (preventing terminal launch), or possibly have other impact (bypassing terminal access control).

CVE-2016-8202
Published: 2017-05-08
A privilege escalation vulnerability in Brocade Fibre Channel SAN products running Brocade Fabric OS (FOS) releases earlier than v7.4.1d and v8.0.1b could allow an authenticated attacker to elevate the privileges of user accounts accessing the system via command line interface. With affected version...

CVE-2016-8209
Published: 2017-05-08
Improper checks for unusual or exceptional conditions in Brocade NetIron 05.8.00 and later releases up to and including 06.1.00, when the Management Module is continuously scanned on port 22, may allow attackers to cause a denial of service (crash and reload) of the management module.

CVE-2017-0890
Published: 2017-05-08
Nextcloud Server before 11.0.3 is vulnerable to an inadequate escaping leading to a XSS vulnerability in the search module. To be exploitable a user has to write or paste malicious content into the search dialogue.