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Would you then say that identity constitutes intellectual property? After all, identity “theft” (really infringement) can also occur without the victim’s knowledge, and without perceptible loss. Does that make such crimes less serious? Do they not still undermine something of value?

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Identity theft is only as bad as the fraud that was performed through it. If the act causes a measurable loss to the victim (e.g. credit card fraud), the victim is going to find out about it one way or another. No need for surveillance. However, if you wanted to effectively forbid anyone from impersonating anyone else even when no harm is done, you would definitely need a surveillance society.

Unfortunately, traditional identity 'theft' is automatically noticeable when someone apply for a loan / get's a credit report / receives a bill for services rendered to someone else. What your describing is closer to someone using your hair style / an Elvis impersonator walking around and generally those on not considered a crime. Your credit score is a finite resource your haircut is not.

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