Michigan Governor Jennifer Granholm has signed a legislative measure [PDF] that amends the state’s 2004 Identity Theft Protection Act (the “ITPA”).  The measure, which was enacted to combat phishing scams and other online fraud, amends the ITPA in several significant respects:

  • The new legislation makes it unlawful to gather personally identifying information through e-mail, a website, altered computer settings, or a software program under false pretenses or by misrepresenting one’s association with a business.  This conduct is proscribed regardless of whether the violator intends to commit identity theft or another crime.  However, there is an exception for law enforcement officers engaged in lawful investigation.
  • The enactment strengthens criminal penalties under the ITPA and creates a civil right of action with statutory damages for the Attorney General and any interactive computer service provider harmed by a violation.
  • The law also exempts interactive computer service providers from liability under any Michigan law for removing or disabling access to an Internet domain name or to Internet content that the provider believes in good faith is engaged in a violation of the ITPA.
Tags: Fraud, Identity Theft, Michigan, Phishing
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Photo of Libbie Canter Libbie Canter

Libbie Canter represents a wide variety of multinational companies on managing privacy, cyber security, and artificial intelligence risks, including helping clients with their most complex privacy challenges and the development of governance frameworks and processes to comply with U.S. and global privacy laws.

Libbie Canter represents a wide variety of multinational companies on managing privacy, cyber security, and artificial intelligence risks, including helping clients with their most complex privacy challenges and the development of governance frameworks and processes to comply with U.S. and global privacy laws. She routinely supports clients on their efforts to launch new products and services involving emerging technologies, and she has assisted dozens of clients with their efforts to prepare for and comply with federal and state laws, including the California Consumer Privacy Act, the Colorado AI Act, and other state laws. As part of her practice, she also regularly represents clients in strategic transactions involving personal data, cybersecurity, and artificial intelligence risk and represents clients in enforcement and litigation postures.

Libbie represents clients across industries, but she also has deep expertise in advising clients in highly-regulated sectors, including financial services and digital health companies. She counsels these companies — and their technology and advertising partners — on how to address legacy regulatory issues and the cutting edge issues that have emerged with industry innovations and data collaborations. 

Chambers USA 2024 ranks Libbie in Band 3 Nationwide for both Privacy & Data Security: Privacy and Privacy & Data Security: Healthcare. Chambers USA notes, Libbie is “incredibly sharp and really thorough. She can do the nitty-gritty, in-the-weeds legal work incredibly well but she also can think of a bigger-picture business context and help to think through practical solutions.”

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