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New Legislation to Combat Identity Theft

coondoggie writes to tell us the Washington Post is reporting that new legislation in a numbers of states and the District of Columbia allows consumers to place a "security freeze" on their credit files. "For the millions of consumers who receive notice each year that their personal or financial data was lost or stolen, a preemptive security freeze can offer peace of mind. It blocks businesses and potential fraudsters from gaining access to a consumer's credit report and score and from granting new lines of credit in the consumer's name. In many states, consumers who want to remove the freeze can use a special identification number to unlock access to their credit file."

33 of 124 comments (clear)

  1. Brilliant by morgan_greywolf · · Score: 2, Interesting

    In many states, consumers who want to remove the freeze can use a special identification number to unlock access to their credit file.


    Yeah, that's a good idea... So how many ID-Ten-T consumers are going to carry this number around -- in their wallets/purses or leave them unsecured in a filing cabinet? When will legislators get a clue that most people are complete ignorant about the security of almost anything?

    1. Re:Brilliant by g_adams27 · · Score: 2, Interesting

      > Yeah, that's a good idea... So how many ID-Ten-T consumers are going to carry
      > this number around -- in their wallets/purses


      Probably close to 0% - why would anyone do that?

      or leave them unsecured in a filing cabinet?

      Probably a lot, if by "unsecured filing cabinet" you include, say, pretty much anywhere inside a house.

      So what's wrong with that?

      > When will legislators get a clue that most people are complete
      > ignorant about the security of almost anything?


      The vast majority of identity theft is done by electronic means - card skimming, phishing, social engineering, etc. I doubt seriously that most of it comes from robbers who are rooting around in unsecured filing cabinets. If you have people poking around at your files in unsecured filing cabinets, then you have bigger problems than whether or not they stole your secret code to unlock your credit report.

      This is excellent legislation, and an fine way to deal with a lot of credit report problems before they happen. I'm really not sure why you're mocking it. Your scoffing seems to indicate that no solution that is not 100% foolproof and stops the problem dead, utterly and completely, is worth pursuing. I'm glad most states don't agree with that.

    2. Re:Brilliant by CastrTroy · · Score: 3, Interesting

      At least it gives an option to those of us who have to carry around the other pieces information. It gives us something that can stay secret. Not like the Social Security Number, Date Of Birth, address, and all the other easily obtainable information. At least this is something that people who are interested in the security of their credit information can keep secret.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  2. Re:OK but ... by Qzukk · · Score: 4, Interesting

    If you aren't buying a house, car, or a new credit card, you should preemptively freeze your credit and leave it that way.

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  3. If they are really concerned about ID theft by geekoid · · Score: 3, Funny

    They should tell the reporting agencies they have 30 days, and then they have to stop using SSN.

    How they fix it it their business.
    OTOH, with ID theft becoming more common, reporting agency will eventually be worthless since no one can depend on their reports anymore.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:If they are really concerned about ID theft by snoyberg · · Score: 3, Informative

      OTOH, with ID theft becoming more common, reporting agency will eventually be worthless since no one can depend on their reports anymore.

      The problem is that, relative to the population, ID theft is very uncommon. So therefore, these numbers are accurate in the vast majority of cases, and when they are inaccurate, they indicate that someone is higher risk than they actually are. In other words, there is no increased risk by relying upon these numbers, and most of the time firms won't lose too much business by utilizing them.

      --
      Thank God for evolution.
  4. Stop dilly dalling by LiquidCoooled · · Score: 4, Interesting

    Just give us one time keys.

    If I can use a piece of important information only once before it changes then nobody can replay it.

    Incidentally, how do you prove you are you to actually put the freeze/unfreeze in place?

    --
    liqbase :: faster than paper
  5. ATTN: Security Freeze Cancelation ALERT by G4from128k · · Score: 4, Insightful

    I wonder how many people will give up their secret security freeze number to phishers?

    --
    Two wrongs don't make a right, but three lefts do.
  6. Easy Solution: by bit+trollent · · Score: 5, Insightful

    Whoever lets someone use a stolen identity to get a loan or credit card or whatever should be responsible for all damages. That means forgiving the loan and restoring the credit of the victim as well as paying damanges if the victim's credit history took a hit.

    Seriously, it's not my job to make sure you verify the identity of your clients and I shouldnt have any consequences if you dont do it right.

    Also, anybody who loses data used to steal an identity should be responsible for the consequences. If you run over a pedestrian on a sidewalk you pay te medical bills right?

    1. Re:Easy Solution: by Hoplite3 · · Score: 2, Insightful

      Amen.

      Identity theft is a problem because it works now by blaming the victim. Hold the institution that issued the fraudulent credit accountable and they'll do a better job of securing proper transactions. Seriously, set out what damages I can collect if a bank issues a loan to "me" who isn't me. Once this happens, banks will be much more interested in strong methods for identifying clients and overall bank security could improve as a secondary effect.

      Rock.

      --
      Use the Firehose to mod down Second Life stories!
  7. Goverment one step behind by Applekid · · Score: 3, Interesting

    There's a private company (Lifelock is the one I hear on the radio all the time) that also has the ability to lock down your credit. No new legislation required, it would seem. Of course, that costs money so maybe this legislation just enables individuals to lock their credit at the taxpayer's expense.

    This is also supposed to stop those pre-approvals that constantly clog up your mailbox... (well, mine at least.)

    --
    More Twoson than Cupertino
  8. Or you're paranoid. by khasim · · Score: 5, Insightful

    Really, how many people who haven't been the victims of fraud are going to spend money AND TIME putting these "freezes" on their records?

    Instead, why not "freeze" them by default?

    Then if the customer WANTS to open a new credit account, the fee to "unfreeze" can be rolled into the new account.

    If the customer wants someone to do a credit check on him, the fee can be rolled into the new account OR paid by the organization doing the check.

    Why pass a law that doesn't, by default, protect EVERYONE?

    1. Re:Or you're paranoid. by morgan_greywolf · · Score: 4, Insightful

      Why pass a law that doesn't, by default, protect EVERYONE?


      Exactly whose financial interests would this new law be in?

      Now you know why.
    2. Re:Or you're paranoid. by dave562 · · Score: 2, Insightful

      I've often wondered the same thing. When the financial institutions started sending out "Credit Monitoring" services I was incredulous. It's ridiculous that you have to pay extra to have them monitor your credit file for you.

  9. Re:OK but ... by morgan_greywolf · · Score: 4, Informative

    There are credit monitoring services that will watch your credit files for you for a monthly fee. In addition, you can get one credit report for free from each of the 3 major credit bureaus by going to http://www.annualcreditreport.com.

  10. Re:OK but ... by LiquidCoooled · · Score: 4, Insightful

    But when you need the credit you need it.
    If its as simple as calling the credit agency and supplying another number to them, aren't the criminals just going to start swapping these numbers as well as credit card numbers?

    It doesn't stop anything, just introduces a new charge to pay.

    --
    liqbase :: faster than paper
  11. New Laws! Hallelujah! by Illbay · · Score: 2, Insightful
    We ALL now how much better "protected" we are after our politicians pass NEW LAWS to protect us!

    What is it, something like 20,000 separate laws "controlling" the ownership and use of guns, yet we still get VaTech?

    And, of course, whenever those don't work, why, we'll just PASS MORE LAWS!

    How great to be a politician, where you're never graded on what you actually do, just what you SAY.

    --
    Any technology distinguishable from magic is insufficiently advanced.
  12. Re:OK but ... by KevMar · · Score: 4, Insightful

    I was thinking this exact same thing.

    How often in a year do you open new credit lines? There will be times in your life where you need instant access to get new credit lines, also many times where you are settled and would be better off frozen.

    At the same time, this prevents nothing and only complicates the process. Thieves will adjust and unfreeze your account. If they have your identity, they are you. what do you do if you dont remmeber your recurity code, you call and have it reset. but you is them in this case. they still got you.

    Now it opens up another way your ex can harras you. They call up as you and freeze your credit line with a code you dont know.

    does it also prevent your credit report from getting pulled? that sounds like a nice way to hide from creditors you owe money too.

    Dont get me wrong, I like the idea. but nothing is ever simple.

    --
    Im a gamer, not a grammer major. This post is full of spelling and grammer mistakes.
  13. Personal info should be private by default by mmdog · · Score: 5, Insightful

    I could make a very long winded post about this, but what I believe is really very simple: all personal info should be private by default.

    Any time anyone wants any of of my personal info, be it SS#, Credit Report, phone number, address, email address, et al. they should be required to get my authorization before it can be released or even used. Kinda like medical/health info except done a lot more robustly. I'd go so far as to advocate serious jail time for individuals who abuse my personal info, for instance all the laptops that various government agencies manage to lose. I'd hope the threat of years in a federal penitentiary would do the trick.

    I'm not holding my breath, but it pisses me off to no end that I have to maintain so much of a defense of my information.

    --
    Politicians are like diapers - they should be changed frequently and for the same reasons.
  14. Umm... by jcr · · Score: 3, Insightful

    What keeps the perp from stealing your identity, freezing your record, and then using the ID number they give him to loot your accounts while you're locked out?

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  15. Oh yeah.... by iknownuttin · · Score: 2, Interesting
    More "legislation" to correct a problem.

    And what lobbyists were in on this "legislation"? Hmmmm, do you think the credit bureaus and the banks? Hmmmm????

    Sorry, whenever there's "Legislation" I automatically think that the industry lobbyists wrote it.

    --
    I prefer Flambe as apposed flamebait.
    1. Re:Oh yeah.... by Anonymous Coward · · Score: 2, Interesting

      Actually, the 3 credit bureaus fought it. They argue that when Joe Blow walks into his neighborhood Ford dealership and wants to walk out with a car, he'll have to wait if his credit report is frozen. It can take a few business days to unlock it temporarily. The 3CBs argued that having to wait to make a purchasing decision / apply for new credit would hurt the consumer.

  16. A More In-Depth Look Here by tsu+doh+nimh · · Score: 4, Interesting

    The Post also ran a much longer, more in-depth piece looking at the process of passing freeze legislation in Delaware, easily the most banking- and business-friendly state in the union. That piece is here

    One highlight, which looks at the role of the Consumer Data Industry Association (CDIA), the lobbyist group that works for the data broker industry and the credit bureaus:

    "Goldberg, who has worked with advocates in more than a dozen states to enact freeze legislation, said that in 2005 the CDIA and the credit-reporting agencies shifted their strategy. They no longer were outright opposed to credit-freeze laws; instead, they worked to convince states to allow the bureaus to charge as much as possible when consumers place, lift or remove credit freezes. "The credit reporting agencies clearly want consumers to pay more for the security freeze than we certainly think they should," Goldberg said. "But given that those same agencies collect all of this sensitive financial data about consumers and then turn around and sell it, we think they should also have the obligation to protect the consumer, and that's where the security freeze comes in.

    --
    ...because you never know who you're dealing with.
  17. Why does this problem still exist? by StandardCell · · Score: 4, Insightful

    I'm still amiss as to how people can still get their personal data stolen and their lives ruined by thieves in this way. To me, the biggest problem is the credit reporting agencies themselves who are very anti-consumer. By that, I mean they will very easily and quickly put on a bad credit remark, but are slow to remove it if it's a mistake. Even then, the whole idea of verifying identity in financial transactions is very loose to these guys who only require a name and SSN.

    This is one of the problems that requires long-overdue federal legislation to remedy. It needs to consist of the following:

    * Complete elimination of the use of SSNs by non-governmental agencies to track individuals, including employers and insurers
    * Disallowing tracking numbers for enumeration of individuals to remain the same across any two or more private organizations
    * Requirement of independently-verifiable photo and/or hashed/digitally-signed/analog biometric verification of the purchaser for large purchases on credit (not all of the above necessarily - even an original copy of a fingerprint plus a photograph of the person with the contract would be sufficient)
    * Increased onus on creditors to prove that the alleged debtor was, in fact, the person responsible for the purchase or transgression in question via the identification as above
    * Severe criminal penalties (up to life imprisonment) and civil penalties ($250,000 or triple the value of the offense, whichever is greater, per offense) for those who purposely attempt to steal identities, subvert the security measures for the purpose of identity theft, or facilitate the reporting of false information on debtors for which adequate steps have not been taken to verify identity
    * Mandatory FIPS-based security for the storage of personal information
    * Withholding of derogatory credit information that is in dispute during the time that affected individuals are making a proper challenge to said derogatory information

    Do all of that, and what you'll find is that this problem will vaporize overnight. It won't prevent other problems such as outright credit card theft (for which there are separate solutions anyway), but it will cut this problem off where it needs to be cut off.

    1. Re:Why does this problem still exist? by ISoldat53 · · Score: 2, Interesting

      Also make the credit reporting companies liable for the cost of the purchase if credit is denied based on faulty credit information.

  18. Trash by Mephistophocles · · Score: 2, Insightful
    This law, quite frankly, is a load of bullshit. It just doesn't accomplish anything. Sure, I can freeze my report but any thief worth his salt will steal the passcode if/when he steals my identity. I'm also awfully skeptical of the fact that you actually have to pay something to freeze the report. That sounds a little like blackmail - my report can be accessed and I'm subject to identity theft unless I pay this company a fee to protect my information? (Sort of like, you know, keeping potentially detrimental information about me in a secret report and charging me money to be able to even see it, but allowing anyone claiming to be a financial institution to see it for free).

    Call me paranoid, naysayer, whatever - but I agree with other posters who say that everyone's report should be frozen by default, and no information should ever be allowed to be accessed (or, arguably, even exist) without your express written consent.

    --
    Deja Moo: The distinct feeling that you've heard this bull before.
  19. Here's a better plan by aegl · · Score: 2, Insightful
    The real problem is that banks etc. are willing to open new accounts on the flimsiest of evidence of whether the customer really is who they say they, often just because they are able to quote a social security number.

    So why not pass a law that says that banks are responsible for all the debt racked up in such accounts. That might focus the banks minds a little on making sure that the customer really is who (s)he says (s)he is.

    Then just to make it really clear that the government would like everyone to stop relying on SSN as a valid form or idendification, ssn.gov should post every single SSN ever issued together with name and birthdate.

  20. What about the cops!?! by toy4two · · Score: 2, Interesting

    Sure this is great if your identity is stolen to use your credit to rip some business off. But it does NOTHING to prevent people from using your identity when pulled over for a traffic ticket. It happened to me. Here in California all you need to do is tell a cop you don't have your ID, then give them someone else's information so they can run through the computer, when it checks out, they write that person a ticket with the other person's name. That person drives off scot free and a few monthes later you get a warrant out for your arrest for Failure to Appear in court. Let me tell you the pit in your stomach when you are wrongly accused of a crime, your insurance refuses to renew you, your local DMV refuses to renew your license, you get to drive to work with no license and insurance and you can't even go into a bar because your drivers license cannot be renewed. Of course you only find out about this just before your license is about to expire, when you need a license the most because you have no way of looking up your driving records for free. Then you get to go to court, in my case in Northern California when I live in San Diego to prove using ATM slips, credit card reciepts, and your signature and a picture of your car that you not only don't match the description of this person but that you have tons of paper trail to prove you never left your home town and tons of witnesses to say you were at work that day. Its a huge hassle. Why not make cops take a finger print of anyone they pull over if they can't provide ID, or take their picture. Can a police officer on here please explain to me why they just trust a criminals word when they are giving a name and address that it is as good as a CA Drivers License, that is pathetic.

    1. Re:What about the cops!?! by Marrow · · Score: 2, Insightful

      So they were...

      Driving without a license.
      Driving without proof of ID
      Driving without proof of Insurance

      Driving a car not registered in your name. Was the car stolen too?

      They make you sign the ticket right? Signatures dont match whats on record;
      the have an image of that right? They have an image of your face from DMV
      right..and these great cars cannot receive an image?

      So who's car were they in?

  21. How about... by CrowbarKing · · Score: 3, Funny

    Send multiple Arnold Schwarzenegger clones back in time to help recover your stolen identity.

    --
    If girls liked guys that were interested in them for their brains, they'd date zombies.
  22. Re:OK but ... by KevMar · · Score: 2, Informative

    but what if I lock your barbecue grill shut and you dont see it until you have several guests in town. I deny instant access to use it. now you have to go get tools to break the lock or change your plan for the evening.

    As far as ducking from creditors, I was not very clear at all. If you owe lots of bills/child support and leave town, you can prevent them from using your credit report to hunt you down in your new location. I know its a minor thing, but it does get used that way.

    My point about asking how often you open credit lines was to see how viable it is to freeze your own credit line all the time and unlocking it when needed.

    --
    Im a gamer, not a grammer major. This post is full of spelling and grammer mistakes.
  23. I have always thought this could be solved easier by syntap · · Score: 2, Insightful

    We need federal legislation signed making credit card companies or any organization extending credit civilly and criminally liable for identity theft. In other words if someone under the guise of you opened a Citibank VISA account in your name and rung it up, Citibank could then be sued by you and/or prosecuted for extending credit to someone whose identity was not properly verified.

    THEN you'd see some changes taking place. Instead of "oops, sorry" they'd be faced with saying "oops, here's six million for our mistake."

    I mean, these guys own the system. They make money off us from their ownership of it. They should be responsible for securing it.

  24. Re:OK but ... by PopeRatzo · · Score: 2, Insightful

    I already have a credit card. I don't need another.

    DING DING DING

    Why is it that otherwise bright people don't see what kind of royal scam the entire credit culture represents? I'm listening to the radio for the basketball scores from last night and in the last 2-minute commercial break there were THREE spots for a)"repair your credit by buying an out-of-date computer at an inflated price", b) "repair your credit by refinancing your house" and c)for some outfit that will help you negotiate with your creditors so you can stop getting collection calls. The very next spot was for buying consumer electronics with "no payments until 2008!".

    In the US we now have a negative savings rate for the first time in history. Is it hard to see where this leads?
    --
    You are welcome on my lawn.