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Sorry, could you source that? I just looked around and only found 42 U.S. Code § 408, which offers a maximum penalty of five years (higher for Social Security
by Bartweiss 9y ago
Sorry, could you source that?
I just looked around and only found 42 U.S. Code § 408, which offers a maximum penalty of five years (higher for Social Security workers or medical professionals engaged in fraud).
Also, the vast majority of the text concerns misuse of an SSN to defraud of mislead the government, particularly by claiming benefits. (8) does read "discloses, uses, or compels the disclosure of the social security number of any person in violation of the laws of the United States", but at a quick look I only see prosecutions where that was tied to benefit fraud.
I don't think 5 years is an insufficient sentence, and I think the urge to raise sentences as a deterred is usually counterproductive. But I do think there's room for progress here.
Most SSN abuse as identification appears to be prosecuted as simple identity theft, not SSN fraud. Adding the secondary charge specifically for SSN abuse might encourage thieves to rely on other, less permanent information like passwords.
More broadly, I'd rather see the government concede that SSNs have become a standard form of identification, and make the renewal process less heinous. Right now you have to show grievous hardship over an extended period, can't appeal a bad decision, and will still lose your credit history when the new one is issued. That's simply not a reasonable system for a number people are expected to give out so often.