ID Theft Laws Missing the Target
Iowa has one of the lowest ID theft levels of anywhere in the US, but lawmakers and enforcers stay on their toes. Too much on their toes, according to some, who point out flaws in new laws proposed to cut down still further on this particular type of crime.
A legislative study panel heard expert witness testimony on cyber crime and combative methods, revealing that sometimes the laws as they are written hurt more than they help. Legitimate commerce could be impeded by laws that restrict information to the point that accurate details cannot be obtained.
This is especially true in the area of hiring, firing, lending and location of missing people or heirs. Well meaning is not always well doing, and how such laws would affect such everyday activities needs to examined more closely.
The Cyber Crime Industry Should be the Target
Richard Varn, a former Iowa lawmaker, spoke up for the Coalition for Sensible Public Records Access. “We need to attack the cyber crime industry and the way they monetize data theft, not the information industry and open government,” Varn said.
Varn also drew attention to the fact that noted that identity theft committed by a stranger is much less likely in the big picture than credit card fraud or identity theft perpetrated by someone the victim knows.
Cyber crime has become a larger illegal activity internationally than the illicit drug trade, with millions of people affected yearly and more still exposed through various means to the possibility of victimization.
The Legislature’s Identity Theft Prevention Study Committee was advised by industry leaders not to enable thieves by disabling legitimate data management.
Varn also mentioned that unvalidated, single-factor authentication and a highly evolved and unchallenged cyber crime industry are the primary causes of identity theft, fraud and crime. He repudiated the common assumption that personal data availability and access to public records was the cause of many cases of ID theft.
Personally Identifiable Information Must be Clearly Defined
William Angrick II is Iowa’s citizen aide/ombudsman. He urged lawmakers to more specifically define what constitutes “personally identifiable information” in state public records law, and redact information when necessary. “I might be accused of being schizophrenic on the subject at different times,” said Angrick, who also is pushing to reform Iowa’s open meetings/open records laws, “but there are definitely challenges and I think the solution is a legislative one.”
A recent story covered information on state court records being accidentally published online, and revealing identifying information on many people. That information was redacted, but not before identifying information was compromised.
Committee co-chair Sen. Steve Warnstadt, D-Sioux City expects lawmakers will be examining additional measures during the 2009 session. The need to protect consumers from identity theft keeps increasing as technology and threats to privacy evolve.
“It’s not going to be the be-all and end-all because the threats out there continue to change,” Warnstadt added. “It’s an issue where we just can’t pass a bill and expect the problem to go away. It’s going to require constant legislative attention.”
The director of the consumer protection division in the Iowa Attorney General’s Office, Bill Brauch, said “a breach is a breach” for victims, and Iowa legislature and law enforcement will continue to battle any instances.
Until better laws are in place to prevent identity theft, the individual consumer is still the best person to protect their own identity.
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