The Identity Theft Enforcement And Restitution Act Of 2008

Created by Laura Biber on April 03, 2016 1422

The Identity Theft Enforcement and Restitution Act of 2008 amended the federal criminal code to make it easier to prosecute cyber crimes and enable compensation for identity theft victims. The Act eliminated the previous requirement to show that there is at least $5,000 in damages before bringing charges for unauthorized access to a computer. The Act also enables federal prosecution of computer fraud cases, even if the parties are from the same state. 

The Act also makes it easier for identity theft victims to be compensated. It requires that in cases where convicted identity thieves are ordered to pay restitution, the victim receive a sum of money "equal to the value of the time reasonably spent by the victim in an attempt to remediate the intended or actual harm incurred by the victim from the offense."


Written by Laura Biber on March 31, 2016 0 1950
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Supporting Authority

United States v. Janosko, 642 F.3d 40 (1st Cir. 2011)
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In this case, the court held that the costs incurred by the county in monitoring employees' credit records was a reasonable expense for the which the defendant was properly required to pay restitution. 



Created by Laura Biber on April 23, 2016 0 2106

STATUTES, RULES, REGULATIONS (2) SHOW ALL ADD STATUTES

Orders of Restitution (18 U.S.C. § 3663)
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§ 3663(b)(6) contains the provision from the Identity Theft Enforcement and Restitution Act that victims of identity theft be compensated for the time spent remedying the intended or actual harm. 

Created by Laura Biber on March 31, 2016 0 2130

Fraud and Related Activity in Connection with Computers (18 U.S.C. § 1030)
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The identity Theft Enforcement and Restitution Act removed the words "if the conduct involved an interstate or foreign communication" from §1030(a)(2)(C), allowing federal prosecution of computer fraud cases in which the parties are from the same state.

Created by Laura Biber on March 31, 2016 0 2099
Feds Ready to Tackle Cybercrimes
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This article outlines the changes made by the Identity Theft Enforcement and Restitution Act of 2008, focusing on the Act's emphasis on tackling phishing, spam, and identity theft. The article discusses the several ways in which the Act will make it easier for federal prosecutors to target cyber crimes. 

Created by Laura Biber on April 23, 2016 0 2116

Liability for the Costs of Phishing and Information Theft
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This article considers recent trends in liability for the costs of mass thefts of personal data via phishing or data breaches. Among the laws that are considered in the section on relevant civil and criminal laws is the Identity Theft Enforcement and Restitution Act of 2008.


Created by Laura Biber on April 24, 2016 0 2133