|
|
|
xiii | |
|
1 Introduction: The Interaction of Law, Technology and the Payment Services Market |
|
|
1 | (21) |
|
|
|
1 | (1) |
|
I General Framework: Technology, Market and Institutional Change |
|
|
2 | (2) |
|
II An Overview: The Interaction of Technology, Financial Services and Fraudulent Activities in the Payment Market |
|
|
4 | (6) |
|
A Payment Process and Payment Services |
|
|
4 | (2) |
|
B Technology and Provision of Payment Services: From Physical to Digital |
|
|
6 | (1) |
|
|
|
7 | (1) |
|
D Legal Institutions on Payment Services and Fraud |
|
|
8 | (2) |
|
|
|
10 | (1) |
|
III Interested Parties in Adopting Payment Technology and Countering Fraud |
|
|
10 | (6) |
|
A Regulators and Lawmakers |
|
|
10 | (2) |
|
|
|
12 | (1) |
|
C Telecommunication Firms and Internet Service Providers |
|
|
13 | (1) |
|
D Other Technology Firms and Start-Ups |
|
|
14 | (1) |
|
E End Users and Fraudsters |
|
|
15 | (1) |
|
|
|
16 | (3) |
|
|
|
19 | (3) |
|
2 An Overview of the Evolution of Payment Services and Fraud |
|
|
22 | (38) |
|
|
|
22 | (1) |
|
II Overview of Payment Instruments and Services |
|
|
23 | (23) |
|
|
|
23 | (1) |
|
|
|
24 | (2) |
|
|
|
26 | (3) |
|
|
|
29 | (3) |
|
E Wire or Inter-Bank Transfer |
|
|
32 | (4) |
|
F Informal Money Transfer |
|
|
36 | (3) |
|
G Electronic Payment Services |
|
|
39 | (4) |
|
|
|
43 | (2) |
|
I Obstacle to Cross-Border Payment |
|
|
45 | (1) |
|
|
|
46 | (1) |
|
III Payment Fraud: A Broad Overview |
|
|
46 | (8) |
|
|
|
41 | (8) |
|
|
|
49 | (1) |
|
C Mechanics of Payment Fraud |
|
|
50 | (4) |
|
|
|
54 | (1) |
|
|
|
55 | (5) |
|
3 From Metal to Paper: Fraud Related to Cash Notes and Coins |
|
|
60 | (18) |
|
|
|
60 | (1) |
|
|
|
60 | (4) |
|
A Producing Counterfeit Money |
|
|
61 | (1) |
|
B Using Counterfeit Money |
|
|
62 | (2) |
|
III Legal Institutions Against Cash Fraud |
|
|
64 | (7) |
|
A Criminal Sanctions Related to the Production of Counterfeit Money |
|
|
65 | (1) |
|
1 Criminal Sanctions for the Production of Counterfeit Money |
|
|
65 | (2) |
|
2 Possessing or Making Tools or Materials for Counterfeit Money |
|
|
67 | (1) |
|
B Criminal Sanctions Related to Possession, Transport and Use of Counterfeit Money |
|
|
67 | (2) |
|
C Control Over the Issuance of Money and Security Features |
|
|
69 | (2) |
|
IV Summary and Reflection |
|
|
71 | (5) |
|
|
|
76 | (2) |
|
4 Fraud in Paper-Based Negotiable Instruments |
|
|
78 | (25) |
|
|
|
78 | (1) |
|
II Types of Fraud Related to Negotiable Instruments |
|
|
79 | (6) |
|
A Forgery or Alteration of Negotiable Instmments |
|
|
79 | (2) |
|
B Imposters: Unauthorised Issuance or Transfer of Negotiable Instruments |
|
|
81 | (1) |
|
1 Unauthorised Issuance of a Cheque |
|
|
81 | (1) |
|
2 Unauthorised Use of Personal Stamps |
|
|
81 | (1) |
|
3 Fake Signature of Issuer |
|
|
82 | (1) |
|
4 Fake Signature for Endorsement |
|
|
82 | (1) |
|
C Using Fake Negotiable Instruments |
|
|
83 | (1) |
|
D Issuance of Cheques With Insufficient Funds in a Bank Account |
|
|
84 | (1) |
|
1 Issuing a Blank Cheque With No Intention to Meet Payment |
|
|
84 | (1) |
|
2 Making a Payment With a Genuine Cheque but With Low Credibility |
|
|
85 | (1) |
|
|
|
85 | (1) |
|
III Legal Institutions Against Fraud Related to Negotiable Instruments |
|
|
85 | (11) |
|
A Criminal Sanctions for Forgery or Alteration of Negotiable Instruments |
|
|
86 | (1) |
|
|
|
86 | (2) |
|
2 Making or Possessing Tools or Materials to Forge or Alter a Negotiable Instrument |
|
|
88 | (1) |
|
3 Criminal Sanctions for Using or Possessing Forged Negotiable Instrument Documents |
|
|
88 | (1) |
|
|
|
89 | (1) |
|
B General Fraudulence: Penalties for Issuance of a Negotiable Instrument With Insufficient Funds |
|
|
89 | (2) |
|
C Control Through the Banking and Clearing System |
|
|
91 | (1) |
|
1 Customer or Chequing Account Agreement |
|
|
91 | (1) |
|
2 Automated Clearing of Cheques |
|
|
92 | (2) |
|
3 Security Features on Cheques |
|
|
94 | (1) |
|
D Civil Laws Regarding Negotiable Instruments |
|
|
94 | (1) |
|
1 Signature by the Issuer |
|
|
95 | (1) |
|
2 Crossing Out or Parallel Lines |
|
|
96 | (1) |
|
IV Summary and Reflection |
|
|
96 | (5) |
|
|
|
101 | (2) |
|
5 The Evolution of Fraud Related to Card-Based Payment |
|
|
103 | (31) |
|
|
|
103 | (1) |
|
II Types of Fraud Involving Cards |
|
|
104 | (8) |
|
|
|
104 | (1) |
|
1 Cloning a Credit or Debit Card |
|
|
105 | (1) |
|
2 Forgery or Alteration of Stored-Value Cards |
|
|
106 | (1) |
|
3 Acquiring Counterfeit Cards and Forging Signatures |
|
|
107 | (1) |
|
B Using a Counterfeit Credit Card |
|
|
107 | (2) |
|
C Unauthorised Use of Cards |
|
|
109 | (1) |
|
1 Unauthorised Use of a Person's Credit Card With Correct Information |
|
|
109 | (1) |
|
2 Unauthorised Use of Another Person's Card With a Forged Signature |
|
|
110 | (1) |
|
3 Unauthorised Use of Another Person's Stored-Value Card |
|
|
110 | (1) |
|
D Acquiring a Credit Card With False Information |
|
|
110 | (1) |
|
E Fraud in Relation to Card Systems |
|
|
111 | (1) |
|
|
|
112 | (1) |
|
III Legal Institutions Countering Card Fraud |
|
|
112 | (15) |
|
A Criminal Sanctions on Payment Card Fraud |
|
|
112 | (1) |
|
1 Criminal Penalty for Forgery of Cards |
|
|
112 | (3) |
|
2 Criminal Sanctions for Using Forged or Altered Cards |
|
|
115 | (1) |
|
3 Criminal Sanction on the Illegal Acquisition of Card Information |
|
|
116 | (1) |
|
B Anti-Fraud Mechanisms Adopted by Card Issuers |
|
|
116 | (1) |
|
1 Security Measures by Card Associations |
|
|
116 | (2) |
|
2 Banking Regulation on Credit Card Fraud Control |
|
|
118 | (3) |
|
3 Self-Regulatory Rules on Banks' Conduct |
|
|
121 | (1) |
|
4 Regulation for Stored-Value Cards |
|
|
122 | (2) |
|
C Responsibility of Cardholders |
|
|
124 | (1) |
|
|
|
124 | (1) |
|
2 Terms and Conditions for Credit or Debit Cards |
|
|
124 | (2) |
|
3 Terms and Conditions for Stored-Value Cards |
|
|
126 | (1) |
|
IV Summary and Reflection |
|
|
127 | (5) |
|
|
|
132 | (2) |
|
6 From Physical to Digital: Fraud Related to Inter-Bank Transfer and Electronic Payment |
|
|
134 | (28) |
|
|
|
134 | (1) |
|
II Types of Fraud Related to Electronic Payment |
|
|
135 | (9) |
|
A Imposters: Unauthorised Inter-Bank Transfer |
|
|
135 | (1) |
|
1 Unauthorised Bank Transfer in a Bank Branch |
|
|
136 | (1) |
|
2 False Payment Instruction Made Remotely |
|
|
137 | (1) |
|
B Imposters: Unauthorised Remote Payment With Payment Cards or e-Wallets |
|
|
138 | (1) |
|
1 Unauthorised Transfer by Bank Card |
|
|
138 | (1) |
|
2 Unauthorised Use of Credit Cards Electronically |
|
|
139 | (1) |
|
3 Unauthorised Access to e-Wallets |
|
|
140 | (1) |
|
4 Unauthorised Transfer by Misusing Computer Records |
|
|
140 | (1) |
|
|
|
141 | (1) |
|
D Fraud by Unauthorised Payee |
|
|
142 | (1) |
|
E Fraud for Informal Money Transfer |
|
|
143 | (1) |
|
|
|
143 | (1) |
|
III Legal Institutions Countering Payment Fraud Involving Electronic Transfer |
|
|
144 | (12) |
|
A Criminal Sanction Against Abuse of Electronic Payment System |
|
|
144 | (3) |
|
B Regulation of Banks, Payment Services Providers and Payment Systems |
|
|
147 | (1) |
|
1 Banking Regulation on Wire Transfer Regarding Fraud |
|
|
147 | (5) |
|
2 Regulations Specifically for Non-Bank PSPs |
|
|
152 | (1) |
|
C Contractual Approach to Control Fraud |
|
|
152 | (1) |
|
1 Regulating End Users' Conduct |
|
|
152 | (1) |
|
2 Regulating Merchants' and Payment Services Providers' Conduct |
|
|
153 | (1) |
|
3 Contractual Arrangements for Losses due to Fraud |
|
|
154 | (1) |
|
4 Liability Rule and Fraud |
|
|
155 | (1) |
|
IV Summary and Reflection |
|
|
156 | (3) |
|
|
|
159 | (3) |
|
7 The Future: Payment Fraud in Digital Payment Tokens |
|
|
162 | (24) |
|
|
|
162 | (2) |
|
|
|
164 | (4) |
|
A Counterfeit Digital Payment Tokens |
|
|
164 | (1) |
|
B Unauthorised Transactions |
|
|
165 | (1) |
|
C Fraud by Unauthorised Payee |
|
|
166 | (1) |
|
|
|
166 | (1) |
|
|
|
167 | (1) |
|
III Legal Institutions: Evolution for Digital Payment Tokens |
|
|
168 | (13) |
|
A Potential Criminal Sanctions Against Fraud Regarding Digital Payment Tokens |
|
|
168 | (1) |
|
|
|
168 | (1) |
|
2 Forgery and Counterfeit: Recharacterisation of Digital Payment Tokens |
|
|
168 | (4) |
|
B Regulation of Payment Service Providers for Digital Payment Tokens |
|
|
172 | (1) |
|
1 Self-Regulation or On-Chain Governance |
|
|
172 | (1) |
|
2 Regulation of Crypto-Wallet Providers |
|
|
173 | (6) |
|
C Contractual Arrangements and Fraud |
|
|
179 | (2) |
|
IV Summary and Reflection |
|
|
181 | (2) |
|
|
|
183 | (3) |
|
8 Reflection and Conclusion: A Shifting Trend of Anti-Fraud Legal Institutions |
|
|
186 | (10) |
|
Recap of Previous Chapters |
|
|
186 | (3) |
|
I Reflection I: Trends in the Interactions of Technology With Payment Services and Fraud |
|
|
189 | (2) |
|
II Reflection II: The Evolution of Legal Institutions Against Payment Fraud |
|
|
191 | (5) |
|
A From Sanction to Monitoring |
|
|
191 | (2) |
|
B From Forgery to Computer and Data Misuse |
|
|
193 | (1) |
|
C Actors of Institutional Change |
|
|
194 | (2) |
| Epilogue |
|
196 | (1) |
| Index |
|
197 | |