[Background paper from 5 years ago here:
http://www.rogerclarke.com/EC/CPS-12.html ]

Banks should make contactless cards opt-in: MPs
Allie Coyne
itNews
7 Sep 2015
http://www.itnews.com.au/news/banks-should-make-contactless-cards-opt-in-mps-408933

Finance report also calls for audit of ASIC's tech skills.

Australia's police agencies have convinced a parliamentary committee that the 
country's banks should make contactless payments an opt-in service, in order to 
combat fraud.

In its report into financial-related crime, tabled today, the parliamentary 
joint committee on law enforcement said it shared concerns that banks rolling 
out new technology without consulting law enforcement had the potential to 
drive up crime in the sector.

It said banks and other financial service providers should consider law 
enforcement issues "more carefully" and discuss new technologies with law 
enforcement before they are rolled out.

"While banks have argued the fraud risk of new technologies is accounted for in 
their banking systems, the committee believes that consumers should have the 
option of disabling contactless payment features," the committee wrote.

It therefore recommended that providers issuing debit and credit cards require 
customers to consent to contactless payment technology on their cards before it 
is activated.

Law enforcement agencies had argued to the committee that such technology had 
expanded the scope of credit card fraud, where criminals conducted multiple 
low-value purchases from different cards to escape detection.

Contactless payment technology allows customers to pay for products or services 
worth under $100 by waving or tapping their card to a terminal.

But in its submission to the inquiry, Victoria Police said the technology had 
contributed to the rise of 100 extra credit card deceptions weekly in the 
state, and criticised financial institutions for not engaging with police prior 
to rolling out such features.

Banking representatives denied contactless payment technology posed a 
significant fraud threat.

Audit ASIC's tech skills

The committee also raised concerns about the Australian Securities and 
Investment Commission's technological ability to detect and deter 
financial-related crime.

It highlighted a submission by the National Credit Providers Association which 
criticised ASIC's reaction to a scam that misused a member's AFS license 
information.

The NCPA said ASIC did not act until 101 days after the association notified it 
of the scam, and even then only issued a media release. Similarly, the NCPA 
said it later found out ASIC had known about the scam for four months before 
the NCPA's notification.

"I had a fairly frank conversation with one of the investigators, who said that 
basically ASIC does not have the technology to try and track down these scams,  
does not have the resources to do this and  the processes of ... deciding 
whether this even falls within ASIC's gamut to investigate .. appear to be 
basedŠon paper, fax and letter-type dealing with the process rather than the 
fact that we are in a global economy and these scams are over and done with 
very rapidly," National Financial Service Federation CEO Philip Johns said.

When questioned on the delay by the committee, ASIC said it had determined that 
the most appropriate regulatory response was to issue a media release to 
"educate members of the public" and to "disrupt the scam".

The committee labelled ASIC's response "extremely tardy" and said it appeared 
to be indicative of ASIC's usual response timeframe - meaning its typical 
reaction for similar types of financial-related crimes was between 65-110 days.

It also said issuing a media release did not send a "sufficiently robust 
deterrance message to future internet scammers".

"As many witnesses have observed, the use of modern technologies makes the 
transacting of internet scams incredibly rapid. If ASIC is to deal with 
internet-based financial related crimes in an effective manner into the future, 
it must improve its response times to preventing and disrupting such criminal 
activities," the committee said.

ASIC needs to have the technology capacity to effectively and appropriately 
respond to such issues, the committee said, recommending that the National 
Audit Office (ANAO) undertake a performance audit of ASIC's technological 
abilities.

The ANAO report would outline ASIC's IT requirements and capabilities as well 
as any deficiencies that would prevent the agency from performing its 
regulatory role.

ASIC famously blocked 250,000 websites accidentally in 2013 in an attempt to 
shut down just 1200.

The committee also recommended that ASIC make its response to internet-based 
financial crimes "far more expeditious".

...

-- 
Roger Clarke                                 http://www.rogerclarke.com/
                                    
Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611 AUSTRALIA
Tel: +61 2 6288 6916                        http://about.me/roger.clarke
mailto:[email protected]                http://www.xamax.com.au/

Visiting Professor in the Faculty of Law            University of N.S.W.
Visiting Professor in Computer Science    Australian National University
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