LexisNexis flap draws outcry from Congress

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A solution to the problem

It matters not whether the Social Security number is used for identification or another number is generated for identification purposes. In any case there will be a personal identification number assigned to each of us for use where records must be kept which are identifiable as being us individually.

What must be done is to make misuse of this ID# (be it a Social Security Number or any other replacement) a felony punishable by not less than one full year in jail for each offense. Each number and each use of each number should be considered a separate offense.

Let's just have "The PERSONAL IDENTITY SECURITY ACT OF 2005" . It need not be long winded. It could be as simple as:

1.) Whereas the theft of personal identities creates havoc and disrupts personal and business records in a manner that harms the economic growth of the nation, it shall be a felony to misuse any PERSONAL IDENTIFICATION NUMBER, or for any business, or government entity, to fail to protect such PERSONAL IDENTIFICATION NUMBER from misuse.
2.) The penalty for violation of this law shall be:
a.) Individuals shall be confined in prison for a period of not less than one year for each offense and required to make double restitution for damages caused.
b.) Businesses shall be required to make triple restitution for all damages caused and to pay a fine of the larger of ONE MILLION DOLLARS or TEN PERCENT OF THEIR GROSS RECEIPTS for either the year of the offense or the year of conviction with the option of which year is chosen being the choice of the wronged party. The wronged party shall also be entitled to 10% of the fine.
c. ) Employees of government entities shall be held individually liable along with supervisors who have failed to properly instruct their subordinates.
d. ) Employees dismissed for failure to follow instructions regarding protection of ID#s shall have no recourse except for reinstatement upon proof of falsity of accusation.
3.) Minimum protection afforded to this PERSONAL IDENTIFICATION NUMBER by any business shall be that electronic storage shall not be accessible from the Internet. This minimum protection shall not be construed to relieve the business from liability, but failure to do this shall be prima facie evidence of guilt.

I am sure that congress can make this at least half a book and dilute it considerably.

Posted by: Update victim   Posted on: 04/13/05 You are currently: a Guest | Members login | Terms of Use

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