|Received:||6/15/2004 8:00:00 AM|
|Organization:||Student - Cooley Law School|
|Agency:||Federal Trade Commission|
|Rule:||Identity Theft Proposed Rule|
Comments:I would like to give feedback specifically regarding the terms in the definition of 'identity theft.' Currently, the FTC proposes that the definition of 'identity theft' be a fraud which is committed or attempted, using a person's identifying information without lawful authority. Usage of the word "fraud" does not adequately cover those situations where a person's ID is used (without authority) in ways not pertaining to any financial benefit. I am concerned that using 'without lawful authority' will make some crimes difficult to prosecute. 'Without lawful authority' can be interpreted differently by most every jurisdiction. Some jurisdictions would not prosecute if there was no harm done. The definition should do more to define the physicality requirements so there are more crimes covered. Consider replacing "without lawful authority" with "without authorization of the person" or "without the consent of the person."