Both Giving and Taking: Should Misuse of ATMs and Electronic Payment Systems Be Theft, Fraud or Neither?

Criminal Law Journal Vol. 35, pp. 202-222 (2011)

UNSW Law Research Paper No. 2013-50

21 Pages Posted: 3 Jul 2013 Last revised: 16 Aug 2013

See all articles by Alex Steel

Alex Steel

University of New South Wales (UNSW) - UNSW Law & Justice

Date Written: 2011

Abstract

Although transactions via automatic teller machines and other computerised cash payment systems are now very widespread the criminal law relating to their misuse remains confused. Unauthorised withdrawals can be prosecuted as both theft and fraud. By contrast, similar behaviour involving interactions with human tellers is generally not criminal. The result is a deeply flawed and contradictory legal landscape. This article provides an analysis and critique of the case law and legislation that has led to this result and proposes an alternative statutory offence that better reflects the commercial and consumer realities of electronic transactions.

Keywords: theft, fraud, automatic teller machines, technology, consent, banking

JEL Classification: K14

Suggested Citation

Steel, Alex, Both Giving and Taking: Should Misuse of ATMs and Electronic Payment Systems Be Theft, Fraud or Neither? (2011). Criminal Law Journal Vol. 35, pp. 202-222 (2011), UNSW Law Research Paper No. 2013-50, Available at SSRN: https://ssrn.com/abstract=2289100

Alex Steel (Contact Author)

University of New South Wales (UNSW) - UNSW Law & Justice ( email )

Kensington, New South Wales 2052
Australia

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
181
Abstract Views
1,223
Rank
300,399
PlumX Metrics