For Identity Theft Law, Supreme Court Rules that the Government Must Prove Intent to Impersonate

In a critical case for the emerging field of identity management, the Supreme Court today reversed a lower court opinion and ruled unanimously in favor of the petitioner. The Court held that individuals who provide identification numbers that are not their own, but don’t intentionally impersonate others, cannot be subject to harsh criminal punishments under federal law. The case involved a mandatory 2-year prison term, added on to a prior conviction, for presenting a fake Social Security Number to an employer. EPIC filed an amicus brief in support of the petitioner, arguing that the "unknowing use of inaccurate credentials does not constitute identity theft." For more information, see EPIC, Flores-Figueroa v. United States.


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