AbstractsCommunication

This study presents a comprehensive analysis of federal identity theft laws, rules and regulations. Identity theft is a growing problem in the United States today largely because information technology and electronic means of communication have led to the widespread availability and accessibility of personal information. The Information Age has significantly altered the way individuals, businesses and government bodies use information. Since information is now largely stored, created, sold, shared and accessed electronically, it is both easier to use and more valuable. However, it is also more susceptible to misuse by identity thieves. Federal law does not adequately account for the privacy implications raised by the rapid progression of information technology and fundamental changes in the character of information. Identity theft crimes have risen dramatically over the past decade but the federal government?s response to this growing threat has been mixed. Congress has passed three criminal identity theft laws since 1998 and also amended some information privacy laws that regulate the financial, credit and health care industries. However, these laws are limited in scope and largely inapplicable to the information sharing practices of numerous businesses that collect and share personal information. There is no one federal law that governs the information practices of all public or private records holders or sets minimum standards for personal information privacy and protection. In order to fully and coherently understand exactly how federal law targets identity theft and to identify weaknesses in the current federal approach, this study comprehensively analyzes the laws that make up the fragmented federal framework of identity theft protections. The study also examines the contours of identity theft by analyzing the empirical data that is currently available on the prevalence and characteristics of identity theft crimes. Ultimately, this study seeks to identify the current shortcomings of federal identity theft protections in order to offer potential legislative or regulatory solutions to the problem of identity theft. Examination of prior research highlighted several specific problems associated with identity theft which hinder efforts to combat the crime. While there is a large body of research on identity theft, none of the research synthesizes and comprehensively analyzes all of the major issues surrounding the issue. To offer a coherent overview of the current federal framework for identity theft protection, this study analyzes all of the current federal laws relevant to identity theft protection. This study also identifies the weaknesses in current federal approach, by analyzing federal laws and enforcement measures in light of the major identity theft issues identified in prior research. Ultimately, this study presents some possible ways that the federal government may bolster current identity theft protections and develop effective solutions for a long-term approach to adequately and effectively combat…