Me, Myself and My Digital Double: Extending Sara Greene’s Stealing (Identity) from the Poor to the Challenges of Identity Verification

Identity is an essential part of the human condition. When one’s identity is stolen or when a state rejects a citizen’s identity, the consequences can be devastating to one’s notion of selfhood as well as undermine their economic security. In Stealing (Identity) from the Poor, Sara Greene explores the serious harms suffered by low-income people who are victimized by identity theft. She explains that our plutocratic regime of identity theft laws serves the interests of wealthier Americans at the expense of those experiencing poverty. This Essay extends Greene’s analysis and framing to the harms of identity verification systems, particularly in unemployment insurance (UI) programs. During the COVID-19 pandemic, UI programs faced massive demands as people lost work, and criminal syndicates fraudulently claimed billions of dollars in benefits. In response, states hastily adopted automated identity verification systems that ended up denying benefits to millions of needy and eligible workers. These systems failed along three dimensions. First, they were designed with privileged users in mind, thus leaving vulnerable people in the digital divide unable to navigate their requirements. Second, identity verification determinations were implemented without adequate due process or clear standards. Third, the privatization of identity verification systems limited transparency and accountability to citizens. This Essay explores the challenges of identity verification in our automated age and suggests several paths forward for more equitable systems

DOOR SHUT AND EARS PLUGGED: HOW CONSUMER REPORTING CASTS IDENTITY THEFT VICTIMS OUT OF FINANCIAL SOCIETY AND HOW THE LAW CAN BE HARMONIZED TO BRING THEM BACK IN

Consumer Reporting Agencies (CRAs) are the gatekeepers to the American economy. As the chief informants for prospective lenders, landlords, and employers, they exert immense power over the day-to-day decisions of who gets what. Despite these high stakes, the CRAs run consumer reporting as an automated electronic process that causes a lot of reporting errors, disqualifying consumers from essential goods, services, and opportunities. This is painfully true in the context of identity theft, where perverse incentives pollute the integrity of consumer reporting, piling undue harm onto identity theft victims. The law provides a remedy for this problem, but circuit courts are split on whether to allow it for identity theft victims, adopting different approaches. This Note proposes a solution that seeks to harmonize the caselaw in the Third and Seventh Circuits with a fair and practical rule. In doing so, it will dismiss a rule from the First and Ninth Circuits

Quantum surveillance and 'shared secrets'. A biometric step too far? CEPS Liberty and Security in Europe, July 2010

It is no longer sensible to regard biometrics as having neutral socio-economic, legal and political impacts. Newer generation biometrics are fluid and include behavioural and emotional data that can be combined with other data. Therefore, a range of issues needs to be reviewed in light of the increasing privatisation of ‘security’ that escapes effective, democratic parliamentary and regulatory control and oversight at national, international and EU levels, argues Juliet Lodge, Professor and co-Director of the Jean Monnet European Centre of Excellence at the University of Leeds, U

The threats of social networking : old wine in new bottles?

Despite the many potential benefits to its users, social networking appears to provide a rich setting for criminal activities and other misdeeds. In this paper we consider whether the risks of social networking are unique and novel to this context. Having considered the nature and range of applications to which social networks may be applied, we conclude that there are no exploits or fundamental threats inherent to the social networking setting. Rather, the risks and associated threats treat this communicative and social context as an enabler for existing, long established and well-recognised exploits and activities

Perspectives on retail payments fraud

Payment systems ; Fraud

Credit Card Fraud: A New Perspective On Tackling An Intransigent Problem

This article offers a new perspective on battling credit card fraud. It departs from a focus on post factum liability, which characterizes most legal scholarship and federal legislation on credit card fraud and applies corrective mechanisms only after the damage is done. Instead, this article focuses on preempting credit card fraud by tackling the root causes of the problem: the built-in incentives that keep the credit card industry from fighting fraud on a system-wide basis. This article examines how credit card companies and banks have created a self-interested infrastructure that insulates them from the liabilities and costs of credit card fraud. Contrary to widespread belief, retailers, not card companies or banks, absorb much of the loss caused by thieves who shop with stolen credit cards. Also, credit card companies and banks earn fees from every credit card transaction, including those that are fraudulent. In addressing these problems, this article advocates broad reforms, including legislation that would mandate data security standards for the industry, empower multiple stakeholders to create the new standards, and offer companies incentives to comply by capping bank fees for those that are compliant, while deregulating fees for those that are not compliant

Design of a secure unified e-payment system in Nigeria: A case study

The automatic teller machine (ATM) is the most widely used e-Payment instrument in Nigeria. It is responsible for about 89% (in volume) of all e-Payment instruments since 2006 to 2008. Some customers have at least two ATM cards depending on the number of accounts operated by them and they represent the active users of the ATM cards. Furthermore, identity theft has been identified as one of the most prominent problems hindering the wider adoption of e-Business, particularly e-Banking, hence the need for a more secure platform of operation. Therefore, in this paper we propose a unified (single) smart card-based ATM card with biometric-based cash dispenser for all banking transactions. This is to reduce the number of ATM cards carried by an individual and the biometric facility is to introduce another level of security in addition to the PIN which is currently being used. A set of questionnaire was designed to evaluate the acceptability of this concept among users and the architecture of the proposed system is presented