Reverse Gear [Was [LINK] Clarkson stung after bank prank]

[Roger Clarke]

[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
BBC News
Monday, 7 January 2008, 11:56 GMT
http://news.bbc.co.uk/2/hi/entertainment/7174760.stm

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."


[COMMENTS:

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:
http://www.privacy.org.au/Resources/BOTPA.html

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"

Unmitigated rubbish.

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
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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