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From: security curmudgeon (jericho
attrition.org)
Date: Mon Nov 15 2010 - 03:55:51 CST
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http://robertsiciliano.com/blog/2010/11/11/colorado-supreme-court-using-a-stolen-social-security-number-is-not-identity-theft/
Colorado Supreme Court: Using a Stolen Social Security Number is Not
Identity Theft
Published: Nov 11, 2010
I feel like my head is going to explode.
The Colorado Supreme Court has ruled "that using someone else's Social
Security number is not identity theft as long as you use your own name
with it."
The defendant in this particular case had admitted to using a false Social
Security number on an application for a car loan, and to find employment.
The court ruled that since he had used his real name, and the Social
Security number was only one of many pieces of identifying information, he
"did not assume a false or fictitious identity or capacity," and "did not
hold himself out to be another person." The court found the defendant.s
use of a false Social Security number "irrelevant," since the number was
provided to fulfill "a lender requirement, not a legal requirement."
Justice Nathan Coats dissented, writing, .The defendant.s deliberate
misrepresentation of the single most unique and important piece of
identifying data for credit-transaction purposes. was "precisely the kind
of conduct meant to be proscribed as criminal."
[..]
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