Can we be careful with the term "identity theft", please? Creating a fake social network profile for the lulz should not ever be a crime. Taking out credit in someone else's name should be.
A friend is being federally prosecuted (a five-year felony!) for identity theft... for possessing a list of email addresses.
> Can we be careful with the term "identity theft", please?
Ok, lets be careful with it:
> "Identity theft is a form of stealing someone's identity in which someone pretends to be someone else by assuming that person's identity, typically in order to access resources or obtain credit and other benefits in that person's name. The victim of identity theft (here meaning the person whose identity has been assumed by the identity thief) can suffer adverse consequences if they are held accountable for the perpetrator's actions"
Taking out credit in someone else's name fits that definition exactly. Just possessing a list of email addresses does not at all.
Now, as for making a fake facebook profile with someone's name and photos:
"someone pretends to be someone else by assuming that person's identity" yes, that fits.
"typically in order to access resources or obtain credit and other benefits" - no, but note that is "typically" not "always".
"The victim of identity theft can suffer adverse consequences" - yes, that happened.
So on the whole I would say that the definition of identity theft fits in this case.
A friend is being federally prosecuted (a five-year felony!) for identity theft... for possessing a list of email addresses.
Please, slow your roll.