Wrinkle, that ruling makes sense if you consider it in the light of a criminal prosecution. Did the person have the mens rea to commit the crime? If (s)he didn't know the number belonged to someone else they therefor did not intend to steal anyone's identity.
I agree that facially the ruling is poor and I think the effect of the ruling will also be poor - but looking at it from the perspective presented to the Court it makes sense.
Oh, I understand the ruling, and the legal implications.
They said one cannot be convicted of "Identity Theft" if they didn't know the number they forged was being used by someone else.
And, I'd support that decision, by itself. What's off here is that use of any SS number not issued to you by the government would need be equally offensive.
If the number were not in use, the crime should be as great, though not necessarily "Identity Theft". Subtle difference.
The intent was not necessarily to steal a particular identity (though, that could be argued, as in a generic 'identity' suitable for employment), it was just as wrong to attempt to seek an identity for the sake of employment illegally.
It's just a question as to what the actual charges are being applied.