The efficacy of Iraq law to deal with identity theft and proposals for a more legally effective solution, with comparative references to US and UK laws

• Main Author: Jassim, Hamdi Taih
• Published: Bangor University 2014
• Subjects: 340
• Online Access: https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.665582

This thesis deals with a specific type of crime, which is, today called a millennium crime. This crime is identity theft. It is not a new crime, but technological development makes it a difficult crime to combat, as nowadays it can be committed by both traditional, so-called non-sophisticated methods, and by more sophisticated, technological means, since the advent of the internet. Identity theft is a crime committed against a person’s means of identification or their financial information. The criminal, legally or illegally obtains another person’s means of identification for the purpose of either himself (or others) using it to commit other illegal activities. Iraq, currently, has no dedicated law to deal with identity theft. Therefore, the Iraq courts will find it difficult when they seek to apply existing legal texts, to deal with it effectively. Through an examination of Iraqi criminal laws, this thesis will assess whether existing Iraq criminal law is adequate to combat identity theft, and it will assess whether Iraq courts can effectively judge an accused who obtains another person’s means of identification, and then uses to commit other crimes. It seems that, first sight that identity theft shares common elements with theft offence in Iraq law, and thus, the Iraqi courts may use the current theft offence laws to fight identity theft, but this study will show that this has limitations and drawbacks. Comparative analysis with the relevant UK and US laws used to combat identity theft will form part of this analysis, in an effort to assess the effectiveness of this approach, and illustrate its weaknesses. While this thesis preparation was being undertaken, the Iraqi Government proposed a project called the Information Crimes Project 2011. This project inter alia proposed to govern identity theft with new model laws. This thesis demonstrates that this project will not succeed in realising this objective, and the thesis shows, in conclusion, existing laws, as well as proposed laws, are inadequate to govern identity theft in Iraq, and their inadequacy requires either a judicial or legislative solution. The thesis demonstrates the limitations of judicial solution because the application of the principle of legality, and concludes that the most effectively way for Iraq to combat identity theft would be to enact a new, dedicated law to fight identity theft. To assist the Iraqi legislature to enact an appropriate piece of legislation, this thesis analyses relevant UK and US laws, and assesses elements of those laws, and their utility for the Iraqi legislature, should it seek to borrow or adopt provisions from them for a new Iraqi identity theft law. One of the key findings of this thesis is that the actual identity theft must be criminalised, and this is something that is not a feature in laws of other jurisdictions, although there are several elements of other jurisdictions’ laws which, if suitable adapted, could be useful incorporated into an Iraqi identity theft law. This thesis concludes by proposing recommendation that will be guide the Iraqi legislature if it intends to enact a dedicated identity theft law at some point in the near future.