President Signs Identity Theft Enforcement and Restitution Act

Earlier today, the President signed the Identity Theft Enforcement and Restitution Act, which strengthens federal law regulating the inappropriate access and use of certain data.

Thief Stealing Identity Cards

As explained by the House of Representatives (and quoted below), Identity Theft Enforcement and Restitution Act amends the federal criminal code to:

  • Authorize criminal restitution orders in identity theft cases to compensate victims for the time spent to remediate the intended or actual harm incurred;
  • Allow prosecution of computer fraud offenses for conduct not involving an interstate or foreign communication;
  • Eliminate the requirement that damage to a victim’s computer aggregate at least $5,000 before a prosecution can be brought for unauthorized access to a computer;
  • Make it a felony, during any one-year period, to damage 10 or more protected computers used by or for the federal government or a financial institution;
  • Expand the definition of “cyber-extortion” to include a demand for money in relation to damage to a protected computer, where such damage was caused to facilitate the extortion;
  • Prohibit conspiracies to commit computer fraud;
  • Expand interstate and foreign jurisdiction for prosecution of computer fraud offenses; and
  • Impose criminal and civil forfeitures of property used to commit computer fraud offenses.

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