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International Journal of Law and Information Technology Advance Access published online on September 28, 2007
International Journal of Law and Information Technology, doi:10.1093/ijlit/eam008
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© The Author 2007. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions{at}oxfordjournals.org.

Identifying the Identity Thief: Is it time for a (smart) Australia Card?#

Lucy Cradduck{alpha} and Adrian Mccullaghß


  Abstract

Identity theft restricts victims’ lives, even if the stolen identity is not used for criminal purposes, as victims may be unable to obtain documents or benefits until the thief is prosecuted. The issue for regulators and consumers is that with the expansion of digital technologies identity theft is at once easier to perpetrate and harder to detect. This paper reviews the regulation of identity theft in Australia in light of the introduction by the Queensland Government on 7 February 2007 of a specific offence of identity theft. Aligned with this is the introduction on the same day by the Australian Government of the Human Services (Enhanced Service Delivery) Bill 2007 under which a smart ‘Access Card’ will be issued to Australian residents who receive Federal benefits. This paper discusses issues that will influence the effectiveness of these schemes.

Key Words: identity • identity theft • impersonation • privacy • smart cards • smart devices • Australia Card

# This paper, in a slightly different format, and with a different title, was originally submitted as part of Ms Cradduck's coursework requirements for the Master of Laws by coursework (LLM) from the Queensland University of Technology (QUT), Brisbane, Australia.

{alpha} Ms Cradduck LLB, LLM (TechLaw) (QUT) is a Lecturer in Business Law at the University of the Sunshine Coast, Queensland, Australia; a PhD Candidate through the Information Security Institute, QUT; and a Consultant Lawyer with Rimmer Lawyers, Mooloolaba, (Sunshine Coast), Australia.

ß Dr McCullagh B. App. Sc. (Computing), LLB (Hons), Ph.D. (QUT) is an Adjunct Professor in Telecommunications and Secure Electronic Business Law at the Information Security Institute, QUT, Brisbane; and Special Counsel for Phillips Fox Lawyers, Brisbane, Queensland, Australia.


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