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Center for Media and Democracy Alec Model Legislation Personal Information Security Act

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By the Center for
Media and Democracy
www.prwatch.org

D I D YOU KNOW? Corporations VOTED toLOGIN
adopt this. Through ALEC, global companies
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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.

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