Risk
7/2/2008
01:47 PM
Connect Directly
RSS
E-Mail
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
Register for Dark Reading Newsletters
White Papers
Cartoon
Current Issue
Dark Reading, September 16, 2014
Malicious software is morphing to be more targeted, stealthy, and destructive. Are you prepared to stop it?
Flash Poll
Video
Slideshows
Twitter Feed
Dark Reading - Bug Report
Bug Report
Enterprise Vulnerabilities
From DHS/US-CERT's National Vulnerability Database
CVE-2014-0985
Published: 2014-09-20
Stack-based buffer overflow in Advantech WebAccess (formerly BroadWin WebAccess) 7.2 allows remote attackers to execute arbitrary code via the NodeName parameter.

CVE-2014-0986
Published: 2014-09-20
Stack-based buffer overflow in Advantech WebAccess (formerly BroadWin WebAccess) 7.2 allows remote attackers to execute arbitrary code via the GotoCmd parameter.

CVE-2014-0987
Published: 2014-09-20
Stack-based buffer overflow in Advantech WebAccess (formerly BroadWin WebAccess) 7.2 allows remote attackers to execute arbitrary code via the NodeName2 parameter.

CVE-2014-0988
Published: 2014-09-20
Stack-based buffer overflow in Advantech WebAccess (formerly BroadWin WebAccess) 7.2 allows remote attackers to execute arbitrary code via the AccessCode parameter.

CVE-2014-0989
Published: 2014-09-20
Stack-based buffer overflow in Advantech WebAccess (formerly BroadWin WebAccess) 7.2 allows remote attackers to execute arbitrary code via the AccessCode2 parameter.

Best of the Web
Dark Reading Radio