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Canada Passes Tougher ID Theft Law

October 30, 2009

The Canadian federal government has passed new legislation to toughen up its ID theft laws.  Bill S-4 makes illegal the below illegal, and tacks on prison sentences of up to 5 years:

  • Obtaining and possessing identity information with the intent to use the information deceptively, dishonestly or fraudulently in the commission of a crime.
  • Trafficking in identity information, an offence that targets those who transfer or sell information to another person with knowledge of, or recklessness as to, the possible criminal use of the information.
  • Unlawfully possessing or trafficking in government-issued identity documents that contain the information of another person.

Furthermore, the apprehended and convicted can be ordered to pay restitution.

However, many seem to be wondering how effective it will we.  Among the oft-repeated questions by commentators:

  • What did it take so long to pass something like the above?
  • Will it actually help?  How’s it supposed to “prevent” ID theft, like so many politicians seem to be claiming?
  • Just enforce the ones you have in place already!

Of course, no law prevents crime from happening.  The way it works is, you pass a law making something illegal; someone breaks the law and is convicted for it; people take notice and decide not to break the law.  And in that sense, it’s prevention (show me a country where the law actually works to actively prevent illegal doings, and I’ll show you a country with the Stasi-spirit in place).

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