Bill C-27 (39th Canadian Parliament, 2nd Session)

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Bill C-27 was proposed legislation that would have changed to Canadian laws to help prevent identity theft. [1] The bill was never passed, as it died on the Order Paper when Stephen Harper's government prorogued parliament in December 2008. [2]

Contents

Proposed legislation

Official document

An official document was defined as follows in the Bill: "For the purposes of this section, "identity document" means a social insurance number card, a driver's licence, a health insurance card, a birth certificate, a passport as defined in subsection 57(5), a document that simplifies the process of entry into Canada, a certificate of citizenship, a document indicating immigration status in Canada or a certificate of Indian status, issued or purported to be issued by a department or agency of the federal or a provincial government, or any similar document issued or purported to be issued by a foreign government." [1] The bill did not include debit cards and credit cards. For someone to possess someone else's official document, they would have had to have the document owner's permission or provide a valid reason. Valid include genealogical research and administration of justice.

Credit cards and debit cards

Possessing, using, and trafficking are at the same level, without colour of right. It is not legal to possess someone else's credit card. It is not legal to possess any material that can copy or falsify credit cards. This bill would have made illegal all devices used to copy credit card data, something that was not clearly defined in previous bills.

Mail

Mail provides another avenue for identity theft. Businesses and governments send mail containing cheques, credit cards, bank statements, and other important information. Even personal letters can contain information potentially useful to identity thieves. To protect the public, bill C-27 would have clarified the definition of identity theft. Absconding with correctly delivered mail "after it is delivered but before it is in the possession of the addressee or of a person who may reasonably be considered to be authorized by the addressee to receive mail" [1] is considered stealing. Before, the definition ended where the mail is delivered. It was unclear whether deliver meant the post office put the mail in the mailbox or the intended recipient had it in their hands. This revision would have removed the ambiguity.

Forging documents

The bill stated that people should not accept or use any document as genuine when it seems forged. A person should not make available any document they suspect are forgeries. Regardless of intent, it is a crime to make it available. Basically, one cannot claim, "People are free to do what they want with a forged document."

The bill stated that using, buying, exporting, importing, repairing any device that is used to build forged documents is unlawful. One needs authorization or a lawful excuse.

New content

Identity theft and identity fraud

Identity information is any and all data that could be used to identify a person. Such information can be in the form of name, date of birth, signature, credit card number, debit card number, SIN, or other information. The bill also would have included other identifiers such as biological identifiers, DNA, fingerprint, retinal image, iris image, and voiceprint. Early in 2008, the Province of British Columbia began testing the use of such biometrics in a new enhanced drivers license. [3]

Bill C-27 defined identity theft as the following: "Everyone commits an offence who transmits, makes available, distributes, sells or offers for sale another person's identity information, or has it in their possession for any of those purposes, knowing or believing that or being reckless as to whether the information will be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence." [1]

The bill stated that a trial would occur in the province in which the allegation has happened, or, if the accused is not in that province, the trial cannot happen without the approval of the Attorney General of that province.

Identity fraud had a different definition: "03. (1) Every one commits an offence who fraudulently personates any person, living or dead,

(a) with intent to gain an advantage for themself or another person;
(b) with intent to obtain any property or an interest in any property;
(c) with intent to cause disadvantage to the person being personated or another person; or
(d) with intent to avoid arrest or prosecution, or to obstruct, pervert or defeat the course of justice." [1]

This included impersonating someone by using identity information, including impersonating someone on social networking web sites.

Related Research Articles

<span class="mw-page-title-main">Theft</span> Act of taking anothers property without permission or consent

Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word theft is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, theft is considered to be synonymous with larceny, while in others, theft is defined more narrowly. Someone who carries out an act of theft may be described as a "thief".

<span class="mw-page-title-main">Forgery</span> Process of making, adapting, or imitating objects to deceive

Forgery is a white-collar crime that generally refers to the false making or material alteration of a legal instrument with the specific intent to defraud anyone. Tampering with a certain legal instrument may be forbidden by law in some jurisdictions but such an offense is not related to forgery unless the tampered legal instrument was actually used in the course of the crime to defraud another person or entity. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations.

Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle, a term back-formed from the word burglar, or to burglarize.

<span class="mw-page-title-main">Identity theft</span> Deliberate use of someone elses identity, usually as a method to gain a financial advantage

Identity theft occurs when someone uses another person's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. The term identity theft was coined in 1964. Since that time, the definition of identity theft has been statutorily defined throughout both the U.K. and the U.S. as the theft of personally identifiable information. Identity theft deliberately uses someone else's identity as a method to gain financial advantages or obtain credit and other benefits, and perhaps to cause other person's disadvantages or loss. The person whose identity has been stolen may suffer adverse consequences, especially if they are falsely held responsible for the perpetrator's actions. Personally identifiable information generally includes a person's name, date of birth, social security number, driver's license number, bank account or credit card numbers, PINs, electronic signatures, fingerprints, passwords, or any other information that can be used to access a person's financial resources.

An identity document is any document that may be used to prove a person's identity. If issued in a small, standard credit card size form, it is usually called an identity card, or passport card. Some countries issue formal identity documents, as national identification cards that may be compulsory or non-compulsory, while others may require identity verification using regional identification or informal documents. When the identity document incorporates a person's photograph, it may be called photo ID.

Bank fraud is the use of potentially illegal means to obtain money, assets, or other property owned or held by a financial institution, or to obtain money from depositors by fraudulently posing as a bank or other financial institution. In many instances, bank fraud is a criminal offence. While the specific elements of particular banking fraud laws vary depending on jurisdictions, the term bank fraud applies to actions that employ a scheme or artifice, as opposed to bank robbery or theft. For this reason, bank fraud is sometimes considered a white-collar crime.

<span class="mw-page-title-main">Identity document forgery</span> Fake IDs and their production

Identity document forgery is the process by which identity documents issued by governing bodies are copied and/or modified by persons not authorized to create such documents or engage in such modifications, for the purpose of deceiving those who would view the documents about the identity or status of the bearer. The term also encompasses the activity of acquiring identity documents from legitimate bodies by falsifying the required supporting documentation in order to create the desired identity.

<span class="mw-page-title-main">Fair and Accurate Credit Transactions Act</span>

The Fair and Accurate Credit Transactions Act of 2003 is a United States federal law, passed by the United States Congress on November 22, 2003, and signed by President George W. Bush on December 4, 2003, as an amendment to the Fair Credit Reporting Act. The act allows consumers to request and obtain a free credit report once every 12 months from each of the three nationwide consumer credit reporting companies. In cooperation with the Federal Trade Commission, the three major credit reporting agencies set up the web site AnnualCreditReport.com to provide free access to annual credit reports.

Uttering is a crime involving a person with the intent to defraud that knowingly sells, publishes or passes a forged or counterfeited document. More specifically, forgery creates a falsified document and uttering is the act of knowingly passing on or using the forged document.

Personation is a primarily-legal term, meaning 'to assume the identity of another person with intent to deceive'. It is often used for the kind of voter fraud where an individual votes in an election, whilst pretending to be a different elector. It is also used when charging a person who portrays themselves as a police officer.

Identity fraud is the use by one person of another person's personal information, without authorization, to commit a crime or to deceive or defraud that other person or a third person. Most identity fraud is committed in the context of financial advantages, such as accessing a victim's credit card, bank accounts, or loan accounts. False or forged identity documents have been used in criminal activity or in dealings with government agencies, such as immigration. Today, the identities of real persons are often used in the preparation of these false documents.

Internet fraud prevention is the act of stopping various types of internet fraud. Due to the many different ways of committing fraud over the Internet, such as stolen credit cards, identity theft, phishing, and chargebacks, users of the Internet, including online merchants, financial institutions and consumers who make online purchases, must make sure to avoid or minimize the risk of falling prey to such scams.

Credit card fraud is an inclusive term for fraud committed using a payment card, such as a credit card or debit card. The purpose may be to obtain goods or services or to make payment to another account, which is controlled by a criminal. The Payment Card Industry Data Security Standard is the data security standard created to help financial institutions process card payments securely and reduce card fraud.

Wireless identity theft, also known as contactless identity theft or RFID identity theft, is a form of identity theft described as "the act of compromising an individual’s personal identifying information using wireless mechanics." Numerous articles have been written about wireless identity theft and broadcast television has produced several investigations of this phenomenon. According to Marc Rotenberg of the Electronic Privacy Information Center, wireless identity theft is a serious issue as the contactless (wireless) card design is inherently flawed, increasing the vulnerability to attacks.

<span class="mw-page-title-main">Ghana Card</span> National identity card of Ghana

The Ghana Card is a national Identity card that is issued by the Ghanaian authorities to Ghanaian citizens – both resident and non-resident, and legally and permanently resident foreign nationals. It is proof of identity, citizenship and residence of the holder. The current version is in ID1 format and biometric.

The Lebanese identity card is a compulsory Identity document issued to citizens of the Republic of Lebanon by the police on behalf of the Lebanese Ministry of Interior or in Lebanese embassies/consulates (abroad) free of charge. It is proof of identity, citizenship and residence of the Lebanese citizens.

<i>United States v. Clark</i> Court case

United States of America v. Clark is the name of a lawsuit against Jason Elliott Clark by the U.S. government based on identity theft, bank fraud and conspiracy. This was an appeal from the United States District Court for the District of Minnesota. Clark appealed his conviction for aggravated identity theft based on the sufficiency of the evidence and the court's admission of certain prior acts of evidence.

Identity theft involves obtaining somebody else's identifying information and using it for a criminal purpose. Most often that purpose is to commit financial fraud, such as by obtaining loans or credits in the name of the person whose identity has been stolen. Stolen identifying information might also be used for other reasons, such as to obtain identification cards or for purposes of employment by somebody not legally authorized to work in the United States.

<span class="mw-page-title-main">Specialist Printing Equipment and Materials (Offences) Act 2015</span> United Kingdom legislation

The Specialist Printing Equipment and Materials (Offences) Act 2015 is an Act of the Parliament of the United Kingdom. The Bill makes a specific offence of knowingly supplying printing equipment for the production of fake or fraudulent identity documents. It was introduced as a private member's bill by David Amess and Baroness Berridge.

The Penal Code is a law that codifies most criminal offences and procedures in Malaysia. Its official long title is "An Act relating to criminal offences" [Throughout Malaysia—31 March 1976, Act A327; P.U. (B) 139/1976]. The sole jurisdiction of Parliament of Malaysia is established over criminal law in Malaysia.

References

  1. 1 2 3 4 5 C-27
  2. Ian Austen (December 4, 2008). "Canadian Leader Shuts Parliament". The New York Times. Retrieved November 1, 2010.
  3. ICBC Archived June 6, 2008, at the Wayback Machine