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North Carolina Cyber Assassination Law Goes Into Effect December 1 PDF Print E-mail

November 27, 2007 - Cyber Assassination - the publishing or threat of publishing of Social Security Numbers and other personal information used in identity theft - is a tactic used by some to intimidate people that they don't like. It is a form of extortion used by some to threaten others. It is relatively easy to gain access to the information to be published. It is also about to become illegal in North Carolina, largely due to the efforts of one person.

Back in April, we published a story about Lauranell Burch of Durham, North Carolina. She runs a website that is largely dedicated to complaints about Lasik eye surgery. She is also about to have the dubious distinction of having a law named after her - the Burch Clause - because she published the Social Security Number and other personal information on Glen Hagele, the founder of the nonprofit USAEyes.org.

According to a press release from Hagele, he never had anything to do with Burch. His organization never assisted her with any Lasik procedure, and never referred her to any doctors that the group works with. But that didn't stop Burch from gaining access to Hagele's personal information through public records, or keep her from publishing that information.

Hagele had had enough. He began lobbying NC lawmakers to get them to pass a law to ban this type of behavior. He succeeded in August and the law, known as the Burch Clause, is now about to go into effect.

The Burch Clause makes it a felony for any person or business in North Carolina to publish another person's personal information. The law defines personally identifiable information as a combination of first name or initial, last name and any of the following:

  • - Social Security Number
  • - Driver's license number
  • - Credit or Debit account numbers
  • - Bank, checking account, PINs or any other number linked to a financial account
  • - Biometric data including fingerprints
  • - Passwords

Not only does the law call for criminal penalties, it also allows victims to personally sue anyone engaged in Cyber Assassination cases.

ACCESS applauds the North Carolina legislature for passing the Burch Clause. There is no legitimate reason for anyone to publish the personally identifiable information of another person. Identity theft remains the fastest growing form of fraud in the United States. The Burch Clause provides law enforcement and victims with a tool that will help them prevent some identity theft cases, and to prosecute those involved in others.

by Jim Malmberg

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3.25 Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved."

 
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03/18/2010 04:14:06