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Topic: Law And Order

Identity Theft Be Damned

By Gareth Eastwood   2008-03-18

A friend of mine was the victim of an identity theft a couple of days ago. Another person set up an internet banking facility on her account without her permission and withdrew four thousand dollars. She was lucky that she detected the theft and was able to identify the offender.

Identity theft is a very common term nowadays. It is also a very common problem and it appears to be on the increase. Several things need saying about it.

The first is that it is a function of the modern day soft options on crime. People nowadays believe that 'anything goes' is an OK attitude and the desire to be rich is good enough reason to steal. The culprits believe that even if they are caught it will only need a good lawyer to talk away their guilt. They no doubt believe that they would avoid jail and get away with a good behaviour bond. The messages being sent to the community by judges, particularly in Australia, have encouraged them to believe that.

The second is that the term 'identity theft' conveys certain things which are not altogether reasonable. The choice of words suggests that the true identity owner has had something stolen from them even though they may not have been directly involved in any transaction. This tends to suggest that they ought to be held responsible for the loss.

I cannot agree with that. The genuine person still has their identity intact. Nothing has been stolen from them. They have been fraudulently impersonated and the victim of the fraud must remain the person or organisation that provided the goods or amount lost. It is entirely unreasonable to default the loss back onto the person impersonated.

I believe that the term 'identity theft' ought to be abolished and the name of the crime reverted to 'fraudulent impersonation'.

The best way to deal with identity theft is mandatory jail sentences for perpetrators. There can be zero excuse for committing a theft by fraudulent impersonation.