On the Disputes over the Interpretation of"Use"of Identification Information——A Research into Cases of Aggregated Identity Theft in U.S.A
The criminal regulation of illegal use of personal information is one of hot topics of the research into criminal law in current China,but the multiple meanings and the disputable nature of"use"have not attracted attention of the academia.In U.S.A,the earliest nation of independently criminalizing the identification information offense,there has been serious opposition between broad interpretation and narrow interpretation of"use"of identification information.By means of research into the cases of aggravated identity theft in U.S.A,it can be found that the prosecution firmly advocates the broad interpretation while the defense put relentless emphasis on the necessity of adopting narrow interpretation,and the courts of appeals for circuits have issued judgments with serious differences.The Supreme Court of the United States in the case of Dubin v.the United States adopts the narrow understanding of"use"and puts forward the"at-the-crux"text,however the concurring opinion doubts the new standard by insisting that only legislation by the congress can really solve the disputes over the definition of"use".The disputes over the definition of"use"of identification information in the jurisprudence of U.S.A provide references for the research into the criminal regulation of the illegal use of personal information in China.
Use of Personal InformationMultiple MeaningsBroad InterpretationNarrow Interpretation"At-the-Crux"Text
NETL
NSTL
万方数据
