Reverse Gear [Was [LINK] Clarkson stung after bank prank]
link at todd.inoz.com
Tue Jan 8 13:34:30 EST 2008
Roger, the bank is Barclays :)
5th Paragraph :)
At 09:45 AM 8/01/2008, Roger Clarke wrote:
>[This report appeared in the BBC's Entertainment
>section. It's very much to be hoped that more
>thoughtful ones will appear under Business and
>under Technology. Comments at end.]
>Clarkson stung after bank prank
>Monday, 7 January 2008, 11:56 GMT
>TV presenter Jeremy Clarkson has lost money
>after publishing his bank details in his newspaper column.
>The Top Gear host revealed his account numbers
>after rubbishing the furore over the loss of 25
>million people's personal details on two computer discs.
>He wanted to prove the story was a fuss about nothing.
>But Clarkson admitted he was "wrong" after he
>discovered a reader had used the details to
>create a £500 direct debit to the charity Diabetes UK.
>Clarkson published details of his Barclays
>account in the Sun newspaper, including his
>account number and sort code. He even told people how to find out his address.
>"All you'll be able to do with them is put money
>into my account. Not take it out. Honestly, I've
>never known such a palaver about nothing," he told readers.
>But he was proved wrong, as the 47-year-old wrote in his Sunday Times column.
>"I opened my bank statement this morning to find
>out that someone has set up a direct debit which
>automatically takes £500 from my account," he said.
>"The bank cannot find out who did this because
>of the Data Protection Act and they cannot stop it from happening again.
>"I was wrong and I have been punished for my mistake."
>Police were called in to search for the two
>discs, which contained the entire database of
>child benefit claimants and apparently got lost in the post in October 2007.
>They were posted from HM Revenue and Customs
>offices in Tyne and Wear, but never turned up at
>their destination - the National Audit Office.
>The loss, which led to an apology from Prime
>Minister Gordon Brown, created fears of identity fraud.
>Clarkson now says of the case: "Contrary to what
>I said at the time, we must go after the idiots
>who lost the discs and stick cocktail sticks in
>their eyes until they beg for mercy."
>1. "The bank cannot find out who did this
>because of the Data Protection Act ..."
>That's one of the grossest BOTPAs of all time:
>It's entirely false of course. Does a statute
>have standing to sue for defamation?
>2. "The bank ... cannot stop it from happening again"
>2A. Implied: "The bank couldn't have stopped it from happening"
>Before exercising a payment instruction that it
>receives, a bank requires provision of some kind of authenticator.
>Clarkson should ask his bank on what basis it
>determined that the direct debit instruction was
>requested or authorised by the customer (or by
>an approved agent for the customer).
>There are then several possibilities, including:
>- masquerade (e.g. forged signature)
>- inadequate care by the customer (e.g.
>allowing capture of a PIN or password to be
> observed, or writing it down, or giving it
> to someone else, or giving it to someone
> else for one transaction and forgetting
> that it would enable more than one)
>- error by the bank
>- inadequate procedures by the bank
>Clarkson has demonstrated himself many times to
>be an entertaining idiot, so customer
>culpability can't be ruled out. But the facts
>as reported don't support it, because there are
>many circumstances in which bank account details
>need to be published (e.g. they're on every
>invoice my company ever sends out). So
>publication of them in a column doesn't even
>come close to being contributory negligence.
>In short, the bank needs to be named, and pursued with vigour.
>Roger Clarke http://www.anu.edu.au/people/Roger.Clarke/
>Xamax Consultancy Pty Ltd 78 Sidaway St, Chapman ACT 2611 AUSTRALIA
> Tel: +61 2 6288 1472, and 6288 6916
>mailto:Roger.Clarke at xamax.com.au http://www.xamax.com.au/
>Visiting Professor in Info Science & Eng Australian National University
>Visiting Professor in the eCommerce Program University of Hong Kong
>Visiting Professor in the Cyberspace Law & Policy Centre Uni of NSW
>Link mailing list
>Link at mailman.anu.edu.au
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