The Identity Theft Enforcement and Restitution Act (H.R. 5938) has been amended and was passed by the Senate on July 30, 2008. The bill, championed by Senate Judiciary Committee Chairman Patrick Leahy, was originally introduced and approved by the Senate in November. The bill stalled in the House, and was therefore amended and returned to the House for consideration.

Leahy, who has introduced a number of cyber crime bills (including S. 495, The Personal Data Privacy and Security Act), has combined HR 5938’s cyberattack & identity theft motives with an amendment that would give Secret Service protection to former US vice presidents. The revised bill has the support of the Department of Justice, the Secrete Service, and industry and consumer groups such as the US Chamber of Commerce and the AARP.

Identity Theft Enforcement and Restitution Act (HR 5938) would:

• Give identity theft victims the ability to seek restitution
• Ensure cyber criminals posing as businesses can be prosecuted
• Make it a felony to employ spyware or keyloggers that damage 10+ computers
• Extend cybercrime definitions to include cyberextortion cases

This legislation would not enact federal data breach notification standards, but it would be a first step in the right direction.

Via SC Magazine Tags: leahy, cybercrime, cyber crime, identity theft, id theft, legislation, hr 5938, federal legislation