Illinois leading nation in efforts to protect private information from thieves

[JULY 6, 2006]  SPRINGFIELD -- Taking action to protect Illinoisans' private information from identity thieves, Gov. Rod R. Blagojevich signed Senate Bill 2554 on Wednesday, outlawing the practice of "pretexting" in Illinois. Pretexting is pretending to be an account holder, or to have authorization to access an account, in order to obtain cell phone records, long-distance call records, a person's physical location, other personal records and any other account information relating to that person, such as GM OnStar information, dating service information or post office boxes. In January the governor called for tough new restrictions on the practice. According to the Electronic Privacy Information Center, Illinois is among the first states in the nation to fight cell phone record pretexting.

"Before we signed this legislation, identity thieves were able to go on the Internet and sell personal phone account information to the highest bidder," Blagojevich said. "Now, identity thieves are on notice -- we do not tolerate violations of personal privacy in Illinois. If you don't respect the law, you'll face stiff penalties."

According to the Electronic Privacy Information Center, there are currently dozens of websites practicing cell phone pretexting. In most cases, these brokers need only a person's cell phone number to obtain these records. In a demonstration of just how easy it is to obtain personal cell phone records, in January a blogger was able to obtain the call history of former presidential candidate and NATO commander Gen. Wesley Clark in just a few hours for less than $100.

Senate Bill 2554, sponsored by Sen. Ira Silverstein, D-Chicago, and Rep. Aaron Schock, R-Peoria, makes it illegal for an identity thief to use somebody else's personal identification information or personal identification document to portray himself or herself as that person without permission, for the purpose of gaining access to any personal identification information or personal identification document on that person. It also makes it illegal to use personal identifying information to gain access to a person's transactions, actions or communications, such as cell phone call records.

"I am pleased the governor has signed this legislation and continued to help the state of Illinois set the curve on stopping identity theft," said Silverstein. "Younger children, adults and especially seniors are all at an increased risk of being a victim of identity theft in a time where information is so readily available and easily attainable by way of the Internet. This legislation will hinder the practices of identity thieves, toughen the penalties for committing the crimes and, most importantly, protect our privacy."

"This legislation closes a grievous loophole to ensure private information is kept that way, and is an important step in protecting people from the horror of identity theft," said Shock. "I thank the governor for signing this bipartisan bill as part of his comprehensive program to prevent identity theft."

The legislation also adds user names, passwords and any other information used to access information about individuals or their actions, transactions or communications to the list of information protected as personal identifying information.

The first violation is a Class 3 felony, punishable by two to five years in jail. If someone pretexts to get information about three or more individuals within a 12-month period, it is a Class 2 felony, carrying a sentence of three to seven years in jail. If a person is convicted of this crime, in the absence of proof of actual damages, the identity theft victim may recover $2,000 in damages.

This year, Blagojevich has signed several additional pieces of legislation that will protect personal information and combat identity theft, including these:

• Senate Bill 2310, which allows Illinois residents to put a security freeze on their credit report if they believe their personal information has been compromised.

• House Bill 4179, which prohibits identity theft offenders from changing their names.

• House Bill 4438 and House Bill 4449, which give state employees and agencies additional requirements for properly disposing of personal information and notifying residents if their information has been compromised.

Blagojevich also signed a series of laws last year to help shield Illinoisans from the risk of identity theft. These include the following:

• House Bill 1633, which requires companies to notify Illinois consumers if personal information is compromised.

• House Bill 1058, which allows victims of identity theft to freeze their credit reports.

• Senate Bill 123, which requires the Illinois Department of Natural Resources to phase in new Conservation ID numbers to replace Social Security numbers on hunting and fishing licenses.

These new laws are helping to provide Illinoisans with peace of mind and protection from the fastest growing crime in the country. Last year alone, identity thieves cost consumers $550 million. On average, victims will spend about 600 hours and $1,500 repairing their credit. These laws are helping individuals take steps to protect their assets and identities before thieves wreak havoc on their credit.

[News release from the governor's office]