There was mention earlier on in this discussion of whether or not there was a problem with having a document that has in its listing a persons identifying information (i.e. social security number). Well, if you are in the State of Texas and are found in possession of this type of information, it is in fact a criminal offense.
Texas Penal Code 32.51
Fraudulent Use or Possession of Identifying Information
Identity Theft Enforcement and Protection Act
(b) A person commits an offense if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses an item of identifying information of:
(1) a deceased natural person, including a stillborn infant or fetus, without legal authorization; or
(2) another person without the other person's consent.
(b-1) For the purposes of Subsection (b), the actor is presumed to have the intent to harm or defraud another if the actor possesses:
(1) the identifying information of three or more other persons;
(2) information described by Subsection (b)(2) concerning three or more deceased persons; or
(3) information described by Subdivision (1) or (2) concerning three or more persons or deceased persons.
(b-2) The presumption established under Subsection (b-1) does not apply to a business or other commercial entity or a government agency that is engaged in a business activity or governmental function that does not violate a penal law of this state.
(c) An offense under this section is:
(1) a state jail felony if the number of items obtained, possessed, transferred, or used is less than five;
(2) a felony of the third degree if the number of items obtained, possessed, transferred, or used is five or more but less than 10;
(3) a felony of the second degree if the number of items obtained, possessed, transferred, or used is 10 or more but less than 50; or
(4) a felony of the first degree if the number of items obtained, possessed, transferred, or used is 50 or more.
(d) If a court orders a defendant convicted of an offense under this section to make restitution to the victim of the offense, the court may order the defendant to reimburse the victim for lost income or other expenses, other than attorney's fees, incurred as a result of the offense.
(e) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
There is an inordinate amount of pilots that in the past have crossed a line and flew strike sanctioned work that live in areas of Texas. I know of three instances where one of these individuals on a "well known list" were victims of identity theft. During the investigations (one of which I assisted in) the individuals presented law enforcement with copies of the "well known list" as part of the investigation into where someone came into possession of the pilots social security number.
I have had a copy of the "well known list" in my flight case for years. I have never refered to it when checking on a jumpseater, but I had read over it at one time and I suppoose I carried it everyday in that flight case to hold myself as a defender of the CAUSE. But the very afternoon after meeting that pilot in my office, I went straight home, took the "well known list" out of my flight case and shreaded it. I did this not because I felt sympathy for the pilot, but rather I realized that I had personal and criminal liability each time carried it with me.
Folks I guess what I am trying to say is please do not let your personal feelings, sense of union pride, or belief that "its ok to have/distrubute this list becuase "everyone" has it" get you into a bind. Rest assured that if you were to ever get into some sort of civil or criminal procedings because of something like this that National ALPA would build walls around themselves and your unity would become a group of one. ALPA just can't afford the potential civil judgements that are happening today.
Lamar
