Identity Theft: The Importance of Prosecuting on Behalf of Victims

Christopher S. Kayser (), Sinchul Back and Marlon Mike Toro-Alvarez
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Christopher S. Kayser: Cybercrime Analytics Inc., Calgary, AB T2S 2Z3, Canada
Sinchul Back: Department of Criminal Justice, Cybersecurity & Sociology, The University of Scranton, Scranton, PA 18510, USA
Marlon Mike Toro-Alvarez: School of Justice and Public Safety, Southern Illinois University, Carbondale, IL 62901, USA

Laws, 2024, vol. 13, issue 6, 1-28

Abstract: Rates of victimization from identity theft continue to rise exponentially. Personally identifiable information (PII) has become vitally valuable data bad actors use to commit fraud against individuals. Focusing primarily on the United States and Canada, the objective of this paper is to raise awareness for those involved in criminal justice (CJ) to more fully understand potential life-changing consequences for those whose PII is used fraudulently. We examine the impact of crimes involving PII and the urgent need to increase investigations and legal proceedings for identity theft-related crimes. Referring to a National Crime Victimization Survey, we analyze why many victims of identity theft crimes resist notifying appropriate authorities. We also address why those within the CJ system are often reluctant to initiate actions against occurrences of identity theft. We provide insight into consequences experienced by identity theft victims, particularly if their PII is posted on the Dark Web, a threat that can exist into perpetuity. If rates of victimization from identity theft-based crimes are to decline, reporting of victimization must increase, and current legislation related to investigating and processing identity theft crimes must progress.

Keywords: criminal justice system; CJ; identity theft; personally identifiable information; PII; victimization (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2024
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