A response towards identity theft : a comparative analysis

Abstract

Identity theftis a relatively new concept which gained particular momentum with the beginning of the information age. Indeed, the use of the internet in particular, has greatly faciliated the commission of this crime. Essentially, perpetrators of this crime steal the identities of other persons and subsequently use it for a number of reasons, inter alia, to facilitate the commission of other crimes or to conceal their true identity from law enforcement authorities. This thesis will first illustrate the problem posed by this phenomenon, the various forms that it can take and the various ways in which this crime may be committed. I will also illustrate the different manners in which this crime is perceived and defined by the US, EU, UK, France and Italy. Accordingly, this thesis will then outline the manner in which these States have responded to this crime. Most importantly, this thesis attempts to analyse a number of Maltese laws that may be made applicable to the prevention and prosecution of identity theft cases and it will be pointed out whether these laws are indeed effective for this purpose. Finally, I will propose a number of identity theft provisions which in my opinion will ensure that a number of acts involved in this crime will not go unpunished.