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
Register for Dark Reading Newsletters
White Papers
Cartoon
Current Issue
Flash Poll
Video
Slideshows
Twitter Feed
Dark Reading - Bug Report
Bug Report
Enterprise Vulnerabilities
From DHS/US-CERT's National Vulnerability Database
CVE-2013-7437
Published: 2015-03-29
Multiple integer overflows in potrace 1.11 allow remote attackers to cause a denial of service (crash) via large dimensions in a BMP image, which triggers a buffer overflow.

CVE-2013-7438
Published: 2015-03-29
Multiple buffer overflows in pbm212030 allow remote attackers to cause a denial of service (crash) or possible execute arbitrary code via a crafted PBM image, related to (1) stream line data, which triggers a heap-based buffer overflow, or (2) vectors related to an "internal intermediate heap-based ...

CVE-2014-5427
Published: 2015-03-29
Johnson Controls Metasys 4.1 through 6.5, as used in Application and Data Server (ADS), Extended Application and Data Server (aka ADX), LonWorks Control Server 85 LCS8520, Network Automation Engine (NAE) 55xx-x, Network Integration Engine (NIE) 5xxx-x, and NxE8500, allows remote attackers to read pa...

CVE-2014-5428
Published: 2015-03-29
Unrestricted file upload vulnerability in unspecified web services in Johnson Controls Metasys 4.1 through 6.5, as used in Application and Data Server (ADS), Extended Application and Data Server (aka ADX), LonWorks Control Server 85 LCS8520, Network Automation Engine (NAE) 55xx-x, Network Integratio...

CVE-2014-9205
Published: 2015-03-29
Stack-based buffer overflow in the PmBase64Decode function in an unspecified demonstration application in MICROSYS PROMOTIC stable before 8.2.19 and PROMOTIC development before 8.3.2 allows remote attackers to execute arbitrary code by providing a large amount of data.

Dark Reading Radio
Archived Dark Reading Radio
Good hackers--aka security researchers--are worried about the possible legal and professional ramifications of President Obama's new proposed crackdown on cyber criminals.