Computer Crime Identity Theft Laws

by Owen E. Richason IV
A chief computer identity theft scam is phishing scams.

A chief computer identity theft scam is phishing scams.

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Identity theft is the crime of obtaining the personal or financial information of another person or a small business for the purpose of assuming that person's or business' name or identity to make transactions or purchases, according to Investopedia. Identity theft occurs in many ways through the use of a computer and is among the fastest growing crimes in the United States, according to the Department of Justice.

Types of Identity Theft

Identity theft occurs in different forms, including but not limited to computer phishing, 419 scams (named after the Nigerian penal code), Internet auction fraud, magnetic strip skimming and credit card fraud. All identity theft is an attempt to steal personal information to access accounts or to open new accounts fraudulently, regardless of the approach.

Electronic Records Laws

It is a federal crime in the United States to access electronic records of another individual without express consent of the owner or executor of those accounts. This includes medical records, work-place personnel file records, mortgage or lease records, credit history, tax records, credit card and bank accounts. Most states offer further protections. In Texas, for example, it is a crime to knowingly access a computer, computer network or computer system without the owner’s consent, according to the Victims Initiative for Counseling, Advocacy and Restoration of the Southwest.


Forgery is the act of using another person's signature to obtain a benefit. Forgery can occur electronically with use of a computer. Identity thieves use another individual's personal information to open new accounts electronically. When identity thieves open new accounts, they commit forgery by electronically signing the acceptance and usage agreement.


Phishing is the use of legitimate-looking but fraudulent email messages to entice an individual to access an account online. The account holder is asked to click a link to access her account online. When she inputs her username and password, the information is transmitted to the identity thief. Most states have laws against phishing scams, and some come with stiff penalties. For instance, a criminal convicted of committing a phishing scam can be fined up to $100,000 per offense in Texas.

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