Identity theft bill set for approval

Known as the Identity Theft Enforcement and Restitution Act, the bill will add stiffer penalties and stricter definitions for identity and information theft crimes.

Among the key points of the bill are the ability for victims to sue criminals for restitution from identity theft, as well as the elimination of the $5,000 minimum damage that was previously required for unauthorized access charges to be filed.

The bill will also extend the reach of law enforcement by making it a felony to install spyware or malware on more than ten computers and allowing federal agents to pursue identity theft cases within a single state. Previously, federal jurisdiction was limited to cases in which the victim and criminal were located in separate states.

The bill had been originally written by Senator Patrick Leahy in 2007, but was never passed by the House of Representatives. Leahy then attached the proposal to another bill dictating the protection of former US Vice Presidents.

Having passed both the House and Senate, the bill will now be sent to the President for final approval and signing into law.

"The anti-cyber crime provisions in this bill are long overdue," said the Senator.

"The key anti-cyber crime provisions that are included in this legislation will close existing gaps in our criminal law to keep up with the cunning and ingenuity of today’s identity thieves."

The bill has also garnered the support of several tech industry groups, including the Business Software Alliance and the Cyber Security Industry Alliance as well as the US Chamber of Commerce.

In a statement provided to vnunet.com, McAfee chief executive Dave DeWalt hailed the passage of the bill and its potential impact in tracking down criminals.

"This cybercrime bill will close gaps in the law that are exploited by cyber criminals, and will lead to more effective investigations and prosecutions," he said.