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The Boston Globe - 1/19/2007

Who steals my good name


By the Globe Editorial Staff

Identity Thieves are working feverishly, unlike members of the US Congress and Massachusetts Legislature, who have yet to create muscular laws to protect consumers from identity theft and credit card fraud. Such legislative inaction, combined with lax security practices by companies and consumer credit agencies, creates the ideal environment for common thieves and sophisticated impostors alike.

TJX Cos., the parent company of T.J. Maxx, Marshalls, and HomeGoods, is the latest business to suffer a serious data breach. Millions of shoppers who used their credit cards, debit cards, and checks at TJX-affiliated stores could become prey, according to the Massachusetts Bankers Association. This is no case of a sloppy accountant who accidentally misplaced a laptop with personal information of clients. Thieves using computers struck the Framingham retail giant and made off with details that can be used to make multiple purchases under the victims' names.

In July, the nonprofit Massachusetts Public Interest Research Group released a compelling report showing that Massachusetts had fallen behind in the area of protecting consumers against identity theft. Lawmakers in more than 30 states wisely stopped looking to Congress for a solution and devised methods to foil identity thieves, or at least give consumers a fighting chance. The best laws make it easy for consumers to freeze their credit reports, at no cost, to prevent impostors from establishing a parallel identity. Massachusetts residents need such an option, and quickly.

Companies and government agencies should also be required to inform consumers by mail when a breach takes place. Businesses dread the expense and embarrassment of such disclosures. But it is precisely such fear of exposure that serves as an incentive for companies to create secure data systems, including encryptions.

Several identity theft bills, including a Masspirg bill and a strong offering from Senator Michael Morrissey of Quincy, died last year in committee. But legislators can no longer use the excuse that they're too overwhelmed with health care reform legislation to tackle a tough issue. And consumers don't want to hear any more tiresome arguments between banks and defrauded companies about which party should pay to replace victims' credit cards.

Nearly everyone is a potential mark for identity thieves. Even Attorney General Martha Coakley, the state's top law enforcement officer, was stung last week when an unauthorized person used her credit card number to try to buy a computer in Texas. The thieves are getting bolder and more sophisticated. Legislators can't stand by idly while more of their constituents suffer electronic muggings.

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