Endnotes

[1] Rennay Craats, Identity Theft: the scary new crime that targets all of us (Toronto: Altitude Publishing, October 2005), 136.
[2] Ibid., 29.
[3] Ibid.
[4] Graeme R. Newman and Megan M. McNally, Identity Theft Literature Review (July 2005),26, 46. Online: http://www.ncjrs.gov/pdffiles1/nij/grants/210459.pdf.
[5] CIPPIC’s paper notes that private and public bodies collect and retain huge amounts of personal information, “sometimes without the knowledge and consent of the individuals concerned and not always with appropriate safeguards.” CIPPIC, Identity Theft: Introduction and Background, CIPPIC Working Paper No.1 (ID Theft Series), (Ottawa: Canadian Internet Policy and Public Interest Clinic, April 2007), 16.
[6] A report by the Bi-national Working Group on Cross-Border Mass Marketing Fraud in 2004 commissioned by the US and Canadian governments found that the trend of increased identity theft is in part a result of the rapid advancement of technology, and suggests that, as a result, identity theft as a crime will continue its trend of growth in the future. Public Safety Canada, Report on Identity Theft (2004). Online: http://www.publicsafety.gc.ca/prg/le/bs/report-en.asp.
[7] CIPPIC, Identity Theft: Introduction and Background, 17.
[8] “This survey showed that over half (54%) of those participating in loyalty programs were unaware of the fact that many of these programs collect, use and disclose information about their purchasing habits in order that companies can target them with new products and services.” EKOS Research Associates Inc., Business Usage of Consumer Information for Direct Marketing: What the Public Thinks (August 2001). Online: http://www.piac.ca/privacy.htm.
[9] Judith M. Collins and Sandra K. Hoffman, Identity Theft First Responder Manual for Criminal Justice Professionals: Police Officers, Attorneys, and Judges (New York: Looseleaf Law Publications, 2003), 49.
[10] Ibid.
[11] Card Swipe Magnetic Card Readers, E System Sales. Online: http://ezcashregister.com/card_readers.htm.
[12] Royal Canadian Mounted Police, “Personal Information and Scams Protection - A Student Practical Guide” (2007). Online: http://www.rcmp-grc.gc.ca/scams/student_guide_e.htm.
[13] Ibid.
[14] Ibid.
[15] Ibid.
[16] John Lenardon, Identity Theft Toolkit: How to Recover From and Avoid Identity Theft. 1st ed. (North Vancouver: Self-Counsel Press, 2006), 1.
[17] Phonebusters, “Identity Theft” (2007). Online: http://www.phonebusters.com/
[18] CIPPIC, Identity Theft: Introduction and Background, 10-12.
[19] Public Safety Canada, Report on Identity Theft.
[20] Ibid.
[21] Ipsos-Reid, “One-Quarter of Canadian Adults (24%) Have Been Touched by Identity Theft” (March, 2006). Online: http://www.ipsos-na.com/news/pressrelease.cfm?id=2998.
[22] Privacy Commissioner of Canada, “Identity Theft – A Primer” (2007). Online: http://www.privcom.gc.ca/id/primer_e.asp.
[23] Ibid.
[24] Ibid.
[25] CIPPIC, "Techniques of Identity Theft," CIPPIC Working Paper No.2 (ID Theft Series), (Ottawa: Canadian Internet Policy and Public Interest Clinic, April, 2007), 28.
[26] Federal Trade Commission, National and State Trends in Fraud & Identity Theft January - December 2003 (January, 2004). Online: http://www.consumer.gov/sentinel/pubs/Top10Fraud2003.pdf.
[27] B.C. Freedom of Information and Privacy Association, PIPEDA and Identity Theft: Solutions for Protecting Canadians (April, 2005), 12.
[28] Ibid, 12-13.
[29] U.S. Department of Justice, “Identity Theft, 2004” (2006). Online: http://www.ojp.usdoj.gov/bjs/abstract/it04.htm.
[30] Rosie Lombardi, “Myths about Identity Theft Debunked by Experts” (2006). Online: http://www.webwereld.nl/articles/40378/myths-about-identity-theft-debunked-by-experts.html.
[31] B.C. Freedom of Information and Privacy Association, PIPEDA and Identity Theft, 6-7.
[32] Ibid, 12.
[33] U.S. Department of Justice, “Identity Theft, 2004.”
[34] Federal Trade Commission, National and State Trends in Fraud & Identity Theft January - December 2003. Seven percent of the data used for these statistics were contributed by Phonebusters, the Canadian Anti-Fraud Call Centre. 22 percent of victims reported more than one type of abuse, as a result the percentages equal to 128 percent.
[35] Nay, Donna. “ID Theft – Alberta Legislation.” Email to Fiona Hossack. 21 June, 2007.
[36] Public Safety Canada, Report on Identity Theft.
[37] Swartz, Jon. “Meth addicts hack into identity theft.” (USA Today, September 30, 2005) Online, Academic Search Premier: http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=J0E137748157105&site=ehost-live.
[38] Craats, Identity Theft: the scary new crime that targets all of us, 107.
[39] Judith M. Collins and Hoffman, Sandra K.,“Identity Theft: Predator Profiles,” qt. in “Feds Want Tougher Penalties for Insider Identity Theft” (Information Week, 2004). Online: http://www.informationweek.com/story/showArticle.jhtml?articleID=20900519.
[40] U.S. Department of Justice, “Identity Theft, 2004.”
[41] Keith B. Anderson, “Who Are the Victims of Identity Theft? The Effect of Demographics.” Journal of Public Policy & Marketing. 25.2 (Fall 2006): 160-171.
[42] Ibid.
[43] R. v. Stewart. 17827, SCR 963. Supreme Court of Canada: 1988.
[44] There are two exceptions to this: the fraudulent possession of computer passwords and credit card data is convictable by sections 342.1(1)(d) and 342(3), respectively, but only if fraud or lack of justification for possession can be proven.
[45] R. v. Harris. 58921-4C, BCPC 0532. Provincial Court of British Columbia: 2004, in “CIPPIC, "Caselaw on Identity Theft," CIPPIC Working Paper No.4 (ID Theft Series), (Ottawa: Canadian Internet Policy and Public Interest Clinic, 2007), 10.
[46] R. v. McNeil. CA033810, BCCA 375. Court of Appeal for British Columbia: 2006, in “CIPPIC, "Caselaw on Identity Theft,” 10.
[47] R. v. Thiel. 050420868P1-01-01-026, ABPC 149. Provincial Court of Alberta: 2005.
[48] R. v. Naqvi. 050117050P1/041528589P1, ABPC 339. Provincial Court of Alberta: 2005.
[49] Ibid.
[50] Ibid.
[51] R. v. Bradley. 0401-0131-A, ABCA 362.Court of Appeal of Alberta: 2004.
[52] R. v Harris.
[53] R. v. Zolis. 0601-0282-A, ABCA 81. Court of Appeal of Alberta: 2007.
[54] See: R. v. Thiel, R. v. Chahine, R. v. Rafuse, R. v. Taft, and R. v. Bradley.
[55] See: R. v. Bradley, R. v. McNeil, R. v. Tonks, and R. v. Adamkewich.
[56] See: R. v. Bradley, R. v. Taft, and R. v. Rafuse.
[57] See: R.v Bradley, R. v. Thiel, and R. v. Chahine.
[58] See: R. v. Naqvi.
[59] See: R. v. Bradley, R. v. Harris, R. v. McNeil, R. v. Naqvi, R. v. Rafuse, R. v. Taft, R. v. Tonks, and R. v. Zolis.
[60] R. v. Naqvi.
[61] R. v. Thiel.
[62] R. v. Zolis.
[64] R. v. McNeil.
[65] R. v. Naqvi.
[66] See: R. v. Bradley, R. v. Zolis, R. v. Naqvi, R. v. Harris, R. v. McNeil, and R. v. Rafuse.
[67] See: CIPPIC, "Canadian Legislation Relevant to Identity Theft: An Annotated Review", CIPPIC Working Paper No.3A (ID Theft Series), (Ottawa: Canadian Internet Policy and Public Interest Clinic, April, 2007) and Canadian Banker’s Association, Identity Theft: A Prevention Policy is Needed. Online: http://www.cba.ca/en/section.asp?fl=4&sl=268&tl=276&docid=
[68] CIPPIC, "Canadian Legislation Relevant to Identity Theft: An Annotated Review", CIPPIC Working Paper No.3A (ID Theft Series), (Ottawa: Canadian Internet Policy and Public Interest Clinic, April 2007), 13.
[69] Ibid, 14.
[70] Nay, “ID Theft – Alberta Legislation.”
[71] Mindy Fetterman, “Identity theft, new law about to send shredding on a tear” (USA Today, January 14, 2005). Online: http://www.usatoday.com/money/perfi/general/2005-01-14-shredder-cover_x.htm.
[72] CIPPIC, "Legislative Approaches to Identity Theft," CIPPIC Working Paper No.3 (ID Theft Series), (Ottawa: Canadian Internet Policy and Public Interest Clinic, April 2007), 16.

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