Could they be prosecuted for violating the Identity Theft and Assumption Deterrence Act which makes it unlawful to "knowingly transfer[ring] or us[ing], without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law."
There's an element of intent that might be hard to prove. Intent is legally defined as "the decision to bring about a prohibited consequence." If you know your actions will result in prohibited consequences and take them anyway, you are deciding to bring about a prohibited consequence.
Conspiracy might fit, too. You've got 2 or more people intentionally agreeing to these practices that they know will result in identity theft and then taking action to put those practices into use.
I guess they'd have to start with somebody who provably had their identity stolen as a result of the practices, though.
There's an element of intent that might be hard to prove. Intent is legally defined as "the decision to bring about a prohibited consequence." If you know your actions will result in prohibited consequences and take them anyway, you are deciding to bring about a prohibited consequence.
Conspiracy might fit, too. You've got 2 or more people intentionally agreeing to these practices that they know will result in identity theft and then taking action to put those practices into use.
I guess they'd have to start with somebody who provably had their identity stolen as a result of the practices, though.