Center for Media and Democracy Alec Model Legislation Personal Information Security Act
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Exposed ALEC EXPOSED Search GO By the Center for Media and Democracy www.prwatch.org D I D YOU KNOW? Corporations VOTED toLOGIN adopt this. Through ALEC, global companies | LOGOUT | HOME | JOIN ALEC | CONTACT work as “equals” in “unison” with politicians to write laws to govern your life. Big ABOUT MEMBERS “ALEC” has long been aEVENTS & MEETINGS MODEL LEGISLATION TASK FORCES ALEC INITIATIVES PUBLICATIONS Business has “a VOICE and a VOTE,” according to newly exposed documents. DO YOU? secretive NEWS collaboration between Big Business and Did you know the NRA--the Home Model Legislation Public Safety and Elections Model Legislation “conservative” politicians. National Rifle Association-BehindCivil closed doors, they Justice Personal Information Security Act was the corporate co-chair in ghostwrite “model” bills to Commerce, be introduced in Insurance, state 2011? Summary and Economic capitols across the country. Development This Act will define the criminal offense of identity theft or fraud and provide penalties for This agenda--underwritten those convicted of the offense of identity theft or fraud. This Act also creates an identity by global corporations-Education theft bureau in the {insert state law enforcement agency} and an identity theft division in the office of the state attorney general to coordinate the investigation, apprehension, includes major tax Energy, Environment, and prosecution of identity theft offenders and to provide a central clearing house for loopholes for big industries and Agriculture victims of identity theft to clear their personal records. and the super rich, Federal RelationsU.S. proposals to offshore Model Bill jobs and gut minimum Health and Human Section 1. This Act shall be cited as the “Personal Information Security Act.” wage,Services and efforts to weaken public health, Section 2. Definitions Relations safety,International and environmental A. "Personal identifying information" means any information designed, commonly used protections. Although many Public Safety and or capable of being used, alone or in conjunction with any other information, to identify of these bills have become a person, including, but not limited to: The name, address, telephone number, driver’s Elections law, until now, their origin license number, social security number, savings account number, checking account number, credit card number, debit card number, date of birth, place of employment Tax largely and Fiscal Policy has been unknown. and maiden name of the mother of a person. With ALEC EXPOSED, the Telecommunications Centerand forInformation Media and B. "Document" includes, but is not limited to official documents containing personal identifying information, or a photocopy print, Photostat and other replica of an official Democracy hopes more Technology document. Americans will study the bills to understand the Section 3. Print this Page depth and breadth of how A. It is a violation of this act to use another’s personal identifying information with Text-Only Page big corporations are fraudulent intent. changing the legal rules Email this Page and undermining democracy B. It is a violation of this act for a person to possess, sell or transfer any document or personal identifying information for fraudulent intent for himself or any other person. across the nation. Section 4. Penalties ALEC’s’Corporate Board --in recent past or present • AT&T Services, Inc. • centerpoint360 • UPS • Bayer Corporation • GlaxoSmithKline • Energy Future Holdings • Johnson & Johnson • Coca-Cola Company • PhRMA • Kraft Foods, Inc. • Coca-Cola Co. • Pfizer Inc. • Reed Elsevier, Inc. • DIAGEO • Peabody Energy • Intuit, Inc. • Koch Industries, Inc. • ExxonMobil • Verizon • Reynolds American Inc. • Wal-Mart Stores, Inc. • Salt River Project • Altria Client Services, Inc. • American Bail Coalition • State Farm Insurance For more on these corporations, search at www.SourceWatch.org. A. A person who violates Section 3, subsection A. or B. is guilty of a crime of the {enter appropriate penalty and fine} if the pecuniary benefit, the value of the services received, the payment sought to be avoided or the injury or fraud perpetrated on another is $75,000 or more. B. A person who violates Section 3, subsection A. or B. is guilty of a crime of the {enter appropriate lesser penalty and fine} if the pecuniary benefit, the value of the services received, the payment sought to be avoided or the injury or fraud perpetrated on another is at least $500 but is less than $75,000. C. A person who violates Section 3, subsection A. or B. is guilty of a crime of the {enter appropriate lesser penalty and fine} if the pecuniary benefit the value of the services received, the payment sought to be avoided or the injury or fraud perpetrated on another is at least $100 but is less than $500. D. If the pecuniary benefit, the value of the services received, the payment sought to be avoided or the injury or fraud perpetrated on another is less than $100, or if the benefit or services received or the injury or fraud perpetrated on another has no pecuniary value, or if the person was unsuccessful in an attempt to receive a benefit or services or to injure or perpetrate a fraud on another, then the person is guilty of a {low class misdemeanor}. E. In a proceeding under this Act, the crime will be considered to have been committed in any locality where the person whose personal information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality. F. In addition to any other penalty, the court shall order a person convicted of violating Section 3, subsection A. or B. to pay restitution, including, without limitation, any attorney’s fees and costs incurred to: (a) Repair the credit history or rating of the person whose personal identifying information he obtained and used in violation of Section 3, subsection A. or B.; and (b) Satisfy a debt, lien or other obligation incurred by the person whose personal identifying information he obtained and used in violation of Section 3, subsection A. or B. Exposed By the Center for Media and Democracy www.prwatch.org Section 5. Creation of Identity Theft Bureau and Division A. The identity theft bureau is created in the {insert name of state law enforcement agency}, to consist of law enforcement officers, assistant attorneys general, and representatives of county prosecuting attorneys experienced in the investigation, apprehension, and prosecution of identity theft offenders. The bureau shall coordinate and assist efforts of law enforcement agencies, prosecuting attorneys, and the attorney general in investigating, apprehending, and prosecuting offenders under this Act. B. An identity theft division is created in the office of the state attorney general to assist citizens in the prevention, education, and prosecution of identity theft. The identity theft division shall: (a) Provide a central point of consumer information and education on issues related to identity theft; (b) Provide technical assistance to businesses developing policies regarding the use of nonpublic personal information, including developing model information privacy policies; (c) Assist and coordinate with the identity theft bureau of the {insert name of state law enforcement agency} in the prosecution of crimes related to identity theft; and (d) Serve as a state-wide clearinghouse to assist victims of identity theft in clearing their personal records in a timely manner. Adopted by ALEC's Criminal Justice Task Force at the Annual Meeting August 3, 2001. Approved by full ALEC Board of Directors September, 2001. About Us and ALEC EXPOSED. The Center for MediaMembers and Democracy reportsEvents on corporate spin and government About Login Logout & Meetings propaganda.! We are located in Madison, Wisconsin, publish www.PRWatch.org, www.SourceWatch.org, Model Legislation Taskand Forces ALEC Initiatives Publications Home Join contact: ALEC Contact News and now www.ALECexposed.org. For more information editor@prwatch.org or 608-260-9713.