Only a few countries, including the US and Australia, have specific penalties for internet theft. Penalties can include jail time, fines, and restitution. In the US, federal penalties are uniform, but state punishments vary. The Identity Theft Protection Act of 2004 increased penalties for identity theft and fraud. Restitution is required in all states. Australia also imposes penalties for internet theft. The lack of international sanctions hampers investigations. Identity theft is more common in the US and expected to increase with the prevalence of personal information online.
Only a few countries, such as the United States and Australia, impose specific penalties for Internet theft fraud for identity theft. The different types of penalties for internet theft include jail time, fines, and restitution to the victim or victims. These crimes can vary by jurisdiction and could be as minor as misdemeanors or as serious as felonies.
In the United States, Internet theft penalties for crimes such as identity theft, identity fraud, and identity theft scams fall into two general categories: federal penalties and state penalties. Federal penalties are uniform for various violations of these laws, but state punishments vary. The US Identity Theft Protection Act of 2004 provided tougher penalties for those convicted of identity theft or fraud. Under the law, the maximum sentences for Internet theft were raised from three to five years in federal prison, and some felonies were changed from misdemeanors to felonies.
The law added improvements for phishing scams and aggravated identity theft. If a criminal used stolen personal information to commit another crime, such as immigration fraud, time could be added to the prison sentence, because the crime is considered aggravated identity theft. Furthermore, any terrorist act resulting from identity theft could be punished with 25 years in prison, or possibly more.
Individual US state laws and penalties for Internet theft range from misdemeanors to felonies. Penalties for serious violations of the law vary, but could include fines of US$100,000 or more and imprisonment for 10 years or more. A basic premise of identity theft in all states requires restitution for any losses suffered by the victim. Offenders may be tried in state or federal courts, depending on the circumstances of the crime.
Under its anti-spam law, Australia also imposes penalties for internet theft. Offenders can be jailed, fined, or both. As of 2010, Canada was considering bills to provide identity theft protection for its citizens, and no such laws existed in Europe, China, Japan, or other industrialized nations. The lack of international sanctions for internet theft hampers investigators seeking information on internet crimes committed in foreign countries. Cybercriminals often find safe haven from prosecution in countries that do not have penalties for Internet theft.
More cases of identity theft occur in the United States, where personal information is readily available through public and private databases, than anywhere else. Several organized identity theft gangs preying on victims, especially the elderly, have been identified around the world. As confidential information becomes more common on social networking sites, through online banking and Internet shopping, the number of these crimes is expected to increase.
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