Identity theft has become a widespread and growing concern in recent years, as technological advancements have made it easier for criminals to access and misuse personal information. Identity theft refers to the unauthorized use of an individual's personal information, such as their name, date of birth, Social Security number, or credit card number, to commit fraud or other crimes. This type of crime can have serious and far-reaching consequences for the victim, including financial losses, damage to their credit score, and the need to spend time and resources restoring their identity.

Identity theft can occur through a variety of methods, including phishing scams, hacking into computers or databases, and stealing mail that contains sensitive information. Once the thief has obtained the personal information, they can use it for a range of illegal activities, such as opening bank accounts, taking out loans, making unauthorized purchases, or accessing sensitive information such as medical records.

In order to prevent identity theft, individuals should take steps to protect their personal information, such as using strong passwords, being cautious about responding to unsolicited emails or phone calls, and regularly monitoring their financial accounts for unauthorized transactions.

Companies and organizations can also play a role in preventing identity theft by implementing robust security measures, such as encryption and secure storage of sensitive information, and by educating their employees and customers about the dangers of identity theft and best practices for prevention.

This research paper will examine the phenomenon of identity theft in detail, including its causes, methods, and consequences. It will also explore the various ways in which individuals and organizations can protect themselves from identity theft, and the challenges that need to be overcome in order to prevent this type of crime from happening. The paper will also discuss the role of government and law enforcement agencies in combating identity theft, and the need for international cooperation in addressing this global issue.

Meaning Of Identity Theft

Every person's identity is unique and distinct from each other. Identity of a person holds a very intrinsic value. One tries to save his identity, irrespective of what comes. While one tries to safeguard their identity, there is another group of people working to steal it, so as to commit fraud. This is known as 'Identity Theft' or 'Identity Fraud'.

Identity Theft, which is the most common cyber crime now, includes anything and everything where a person's personal data is used by any other person without the owner's authorization, i.e. obtained wrongfully, for a fraudulent purpose, or deception, for economic or social gain.

Identity Theft occurs very casually on various social medias. This is because these online sites ask for your personal details, that are, at some point made public, sometimes even without the owner being aware of it. There are various crimes and frauds happening with the identity being stolen, such as false immigration, terrorism, espionage, Identity cloning, and various similar activities. 

History
The concept of identity theft can be traced back to ancient times, when individuals would assume false identities in order to commit fraud or other crimes. However, the modern phenomenon of identity theft as it is understood today has its roots in the rise of consumerism and the growth of personal information as a commodity.

Identity theft used to be a physical crime. The first identity-stealing criminals actually murdered their victims.Once the bodies were safely disposed of, criminals easily obtained the victim's name,Social Security Number, and other personal information. The Motive was usually not financial, but the acquisition of a new identity.

Obviously each case is different and it is impossible to generalize. Perhaps someone was in debt to Al Capone and his associates and had to flee and make a fresh start in California with inaccurate but authentic papers. It's an extreme way to restart, but I Think it's plausible given the historical culture of this era. The offender essentially became the physical person of the victim.

In the early 60s and 70s, the telephone became the first technological device to commit the crime of identity theft. They inserted in the minds of the victims the greed for monetary benefit, and extracted the personal details of the victims like their address, social security number, their bank account numbers and their other details. An expected interest of the victim to win the prizes ends them up with a life-time misery and misfortune.

Later on, when people were becoming aware of the fact that their identity was stolen from such telephone calls and started becoming aware, the criminals started searching for the information of identity from trash, i.e. the credit cards or bank statements thrown in the dustbins. Later on, when this was known to the victims too, they started using paper shredders.

With the advent of computer technology and the widespread use of the internet, identity theft became more prevalent and easier to carry out. In the late 1990s and early 2000s, instances of identity theft increased dramatically as criminals found new ways to access personal information through online scams, hacking into computers, and stealing mail and other physical documents.

In response to the growing problem of identity theft, governments and law enforcement agencies began to take action. In the United States, for example, the Federal Trade Commission established the Identity Theft Clearinghouse in 1997 to collect complaints and data about identity theft.

In 2003, Congress passed the Fair and Accurate Credit Transactions Act (FACTA, which established new guidelines for businesses to protect consumer information and provided individuals with greater rights to dispute errors on their credit reports.

Today, identity theft continues to be a major concern, as criminals find new and more sophisticated ways to obtain personal information and commit fraud. Despite efforts by governments, law enforcement agencies, and businesses to combat identity theft, it remains a significant problem, with millions of people around the world falling victim to this crime every year.

Case Laws
The first recorded case of identity theft is difficult to determine as it may have occurred before modern record-keeping and documentation. However, instances of identity theft and fraud have been recorded throughout history, with instances of people using false identities or disguises dating back to ancient civilizations.

One of the earliest recorded instances of identity theft was in the 19th century, when people would steal the identities of the deceased to take out loans or open bank accounts. With the advent of new technologies and the rise of the internet, instances of identity theft have become increasingly common.

The David Matthew Read Case: 
David Matthew Read was a notorious identity thief who committed his crimes in the early 2000s. He was known for his elaborate schemes, in which he stole the identities of wealthy individuals and used the stolen information to open lines of credit, take out loans, and make purchases in their name.

Read was eventually caught and charged with multiple counts of identity theft, forgery, and grand theft. He was sentenced to several years in prison and ordered to pay restitution to his victims.

The case of David Matthew Read highlights the need for individuals to be vigilant in protecting their personal information, and the importance of strong security measures to prevent identity theft. It also serves as a warning to others that identity theft can have serious consequences, both for the victim and for the criminal.

The Turhan Armstrong Case:
Turhan Armstrong was an American identity thief who committed his crimes in the late 1990s and early 2000s. He was known for his elaborate schemes, in which he stole the identities of wealthy individuals and used the stolen information to open lines of credit, take out loans, and make purchases in their name.

Armstrong was eventually caught and charged with multiple counts of identity theft, forgery, and grand theft. He was sentenced to several years in prison and ordered to pay restitution to his victims. 

The case of Turhan Armstrong highlights the dangers of identity theft and the importance of protecting personal information. It also serves as a warning to others that identity theft can have serious consequences, both for the victim and for the criminal.

The Kenneth Gibson Case:
The case of Kenneth Gibson is a well-known instance of identity theft that took place in the United States in the early 2000s. Gibson was a computer programmer who used his technical skills to steal the identities of individuals and businesses, using the stolen information to open lines of credit, take out loans, and make purchases in their name.

Gibson was eventually caught and charged with multiple counts of identity theft, fraud, and computer crimes. He was sentenced to several years in prison and ordered to pay restitution to his victims.

The case of Kenneth Gibson highlights the dangers of identity theft and the importance of strong computer security measures to prevent such crimes. It also serves as a warning to others that identity theft can have serious consequences, both for the victim and for the criminal.

The Luis Flores Case: 
The case of Luis Flores is a well-known instance of identity theft that took place in the United States in the early 2000s. Flores was a computer programmer who used his technical skills to steal the identities of individuals and businesses, using the stolen information to open lines of credit, take out loans, and make purchases in their name.

Flores was eventually caught and charged with multiple counts of identity theft, fraud, and computer crimes. He was sentenced to several years in prison and ordered to pay restitution to his victims.

The case of Luis Flores highlights the dangers of identity theft and the importance of strong computer security measures to prevent such crimes. It also serves as a warning to others that identity theft can have serious consequences, both for the victim and for the criminal.

Identity Theft And Social Media Advent

Identity theft has become increasingly common with the advent of social media and the increasing amount of personal information shared online. Social media platforms collect and store vast amounts of personal information, making it easier for identity thieves to obtain the information they need to steal someone's identity.

Criminals can use the information available on social media to build a complete profile of an individual, including their full name, date of birth, home address, and even sensitive information such as their Social Security number or financial information. This information can then be used to open bank accounts, take out loans, or make unauthorized purchases in the victim's name.

It is important for individuals to be mindful of the information they share on social media and to be cautious when providing personal information online. This includes limiting the amount of personal information shared on social media profiles, using strong passwords, and being aware of phishing scams and other forms of online fraud.

Extended Areas Of Identity Theft

Identity theft is a broad term that encompasses a variety of illegal activities in which a person's personal information is used without their permission to commit fraud or other crimes.

Some of the most common areas where identity theft occurs include:

• Financial identity theft: This type of identity theft involves using a person's personal information to open bank accounts, take out loans, or make purchases in their name.
• Medical identity theft: This type of identity theft involves using a person's personal information to obtain medical services, prescriptions, or treatments in their name.
• Government identity theft: This type of identity theft involves using a person's personal information to obtain government benefits, such as Social Security or unemployment benefits, in their name.
• Tax identity theft: This type of identity theft involves using a person's personal information to file a false tax return and claim a refund in their name.
• Criminal identity theft: This type of identity theft involves using a person's personal information to avoid arrest or prosecution, or to obtain bail or other benefits in their name.
• Synthetic identity theft: This type of identity theft involves combining real and fake information to create a new, fraudulent identity.
• Regardless of the specific type of identity theft, the end result is often the same: the victim's personal information is used without their consent, causing harm to their credit and reputation and leaving them with the task of repairing the damage.

Shortcomings Of Legal Implications Of Identity Theft

The legal implications of identity theft can vary depending on the laws of a particular jurisdiction, but some of the common shortcomings of legal responses to identity theft include:

• Lack of standardization: Different countries and jurisdictions have different laws and regulations relating to identity theft, which can make it difficult for victims to seek recourse and for law enforcement to pursue perpetrators.
• Limited resources: Law enforcement agencies and legal systems are often overburdened and under-resourced, which can make it difficult for them to investigate and prosecute identity theft cases effectively.
• Difficulty in proving intent: In many cases, it can be difficult to prove that a person intended to commit identity theft, as they may have obtained personal information through hacking or other illegal means.
• Time and cost: The process of repairing the damage caused by identity theft can be time-consuming and expensive, and victims may not have the resources or support they need to pursue legal action.
• Inadequate compensation: In some cases, victims of identity theft may not receive adequate compensation for the harm they have suffered, which can leave them struggling to repair the damage to their credit and reputation.

These shortcomings illustrate the importance of developing more effective legal responses to identity theft and of providing adequate support and resources for victims. Additionally, individuals and organizations can take steps to protect their personal information and minimize the risk of identity theft.

Identity Theft And India

Identity theft is a growing concern in India, as increasing numbers of citizens are becoming victims of this crime. In India, identity theft can occur through a variety of means, including the theft of physical documents, hacking into computer systems, and phishing scams.

Victims of identity theft in India can suffer significant financial losses, as well as damage to their credit and reputation. Additionally, they may face difficulties in obtaining government benefits, loans, and other services due to the fraudulent use of their personal information.

To address the growing problem of identity theft in India, the government has enacted laws and regulations aimed at protecting citizens' personal information and punishing perpetrators. For example, the Indian Penal Code (IPC) provides criminal penalties for identity theft, and the Information Technology (IT) Act provides provisions for protecting electronic data and personal information.

However, despite these efforts, identity theft remains a serious problem in India, and individuals and organizations need to take steps to protect their personal information and minimize the risk of identity theft. This can include using strong passwords, keeping personal information confidential, and being cautious when sharing personal information online.

Identity Theft And IPC

In India, identity theft is a criminal offense that is covered under the Indian Penal Code (IPC). Section 66C of the IPC deals with punishment for identity theft, and it states that whoever, fraudulently or dishonestly makes use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to one lakh rupees, or with both.

Additionally, Section 66D of the IPC deals with punishment for cheating by personation using computer resource, and it states that whoever cheats by personating on the Internet or other similar network, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees.

These provisions of the IPC provide a legal framework for addressing identity theft in India, and they demonstrate the government's commitment to protecting citizens from this crime. However, as with any legal system, there may be challenges in effectively enforcing these provisions and holding perpetrators accountable. It is important for individuals and organizations to take steps to protect their personal information and minimize the risk of identity theft.

References

• https://www.justice.gov/criminal-fraud/identity-theft/identity-theft-and-identity-fraud
• https://www.legalserviceindia.com/article/l278-Identity-Theft.html
• http://www.identity-theft-scenarios.com/identity-theft-facts/history
• https://www.phonexia.com/blog/the-4-biggest-identity-theft-frauds-in-modern-history/
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• https://knowlaw.in/index.php/2022/05/23/prevention-of-identity-theft-in-the-post-internet-era/
• https://www.phonexia.com/blog/the-4-biggest-identity-theft-frauds-in-modern-history/
• https://www.casemine.com/judgement/in/6239eb8bb50db9d2c02667dc
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• https://www.casemine.com/judgement/in/63898c9e10225c7ea0cbba85
• https://www.iii.org/fact-statistic/facts-statistics-identity-theft-and-cybercrime

Written By: Subhashini S, 5th year BBA LLB (Hons.), SASTRA University