[GA - PASSED] Repeal: "Identity Theft Prevention Act"

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Morover

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Repeal: "Identity Theft Prevention Act"
Category: Repeal | 110
Proposed by: Morover | Onsite Topic
Replacement: < Onsite Drafting Thread >​


The World Assembly,

Recognizing the crime of identity theft as a reprehensible action, which can ruin the lives of victims and cause issues on a grand scale, and the passage of Resolution 110, “Identity Theft Prevention Act” to help address this issue,

Concerned by several flaws present within Resolution 110, which distract from the good intended to come from the act, most notably the flaws that the International Identity Database has, such as:
  • The database only being accessible by law enforcement within member-states, meaning that in the cases of privatized law enforcement, the governments of member-states have no way to reliably access the database without going through a third party that does have access,
  • Allowing any law enforcement officer to access the database, regardless of need, prior history, or other basic security precursors that such an international system should have in place inherently allows abuse of the information therein, especially when coupled with the lack of mechanism to protect the identities of those entered within the database, meaning that malicious law enforcement officers can potentially sell the data of victims of identity theft for profit or other personal or organizational gain,
  • The lack of mechanism to input discovered stolen identities into the database if there was no report made, ultimately hindering the efforts of the database by potentially large amounts,
  • Similarly, the lack of any defined method for removing an individual from the database, meaning that even in cases where identities were mistakenly reported as stolen or where stolen identity cases were solved, there is a significant chance where law enforcement will continue to be notified when the rightful owner of an identity uses their identity in a perfectly lawful fashion,

Worried by other minor flaws within the resolution outside those found within the bounds of the above, such as:
  • Identity thieves being forced to pay monetary compensation even when monetary compensation is not appropriate due to no money being lost, or where the victim is deceased or otherwise incapacitated and there is no way for the money to reach them, or where the identity theft does not have any money to pay,
  • The lack of specification on how the World Identity Theft Database operates, how it disseminates information, and how it protects tourists specifically,
  • Generally poor writing, which potentially allows nations to abuse and bypass the resolution, especially regarding the exceptions given to the ban of identity theft, and with the definition of identity theft already being referred to as a “crime”,

Believing that these flaws ultimately undermine the resolution as a whole, and make a case for striking it from the records,

And hoping that a future resolution will be able to address the problem of identity theft without leaving the flaws that the target did,

Hereby repeals Resolution 110, “Identity Theft Prevention Act”.
Note: Only votes from TNP WA nations and NPA personnel will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote.
Voting Instructions:
  • Vote For if you want the Delegate to vote For the resolution.
  • Vote Against if you want the Delegate to vote Against the resolution.
  • Vote Abstain if you want the Delegate to abstain from voting on this resolution.
  • Vote Present if you are personally abstaining from this vote.
Detailed opinions with your vote are appreciated and encouraged!

[TR][TD] For [/TD][TD] Against [/TD][TD] Abstain [/TD][TD] Present [/TD][/TR][TR][TD]12[/TD][TD]0[/TD][TD]0[/TD][TD]0[/TD][/TR]

"Repeal: 'Identity Theft Prevention Act'" has passed 12,799 votes (93.3%) to 921 (6.7%).
 
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IFV

Overview
This resolution seeks to repeal GA #110 for various reasons, many relating to poor writing and the non-sensical operation of the database the resolution creates. The author points out that the database on identity theft is neither secure, operational, or updatable outside of certain parameters-thus meaning that, as they point out, cases which are not reported or resolved are essentially permanently in the database. Furthermore, they point out that the identity theft database has several access issues, namely that any law enforcement officer can access it for just about any reason regardless of potentially malicious intent. Finally, this resolution has an explainer about the issues with compensation and resolution of identity theft cases that GA #110 provides for.

Recommendation
The critiques of GA #110, while provided in a kind way, are ultimately withering. The flaws pointed out in this resolution show a resolution that frankly should never have been on the books to begin with and shows several loopholes rife for abuse and rife for potential misuse. If there's one thing which sums this up, it's sub-clause (ii) of the "Worried" clause of this resolution as it shows how non-sensical many of the mandates of this resolution, however well-meaning, are. We can only hope that legislation to actually protect victims of identity theft is forthcoming. For the above reasons, the Ministry of World Assembly Affairs recommends a vote For the General Assembly Resolution at vote, "Repeal: 'Identity Theft Prevention Act'".
 
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This proposal has achieved the necessary approvals to enter the formal queue. Barring it being withdrawn or marked illegal, it will proceed to a vote at Major Update on Tuesday, September 7.
 
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