NCJ Number
55073
Journal
FEDERAL BAR JOURNAL Volume: 35 Issue: 3 AND 4 Dated: (SUMMER-FALL 1976) Pages: 190-205
Date Published
1976
Length
16 pages
Annotation
THE NATURE OF AN ELECTRONIC FUNDS TRANSFER SYSTEM (EFTS) IS DESCRIBED, THE CRIMES LIKELY TO BE ASSOCIATED WITH IT DISCUSSED, POSSIBLE SECURITY PROCEDURES EXAMINED, AND THE PRESENT CAPABILITY FOR DETERRING EFTS CRIME ASSESSED.
Abstract
EFTS CAN BE DEFINED AS THE TRANSFER OF DATA ABOUT FUNDS OVER COMMUNICATIONS NETWORKS, STARTING WITH THE INPUT FROM A TERMINAL AT THE POINT OF SALE AND CULMINATING IN A COMPUTERIZED BOOKKEEPING TRANSACTION AT SOME CENTRAL FUND TRANSFER STATION, WHICH IN MOST CASES WILL BE THE BANKING INSTITUTION. IT MAY INVOLVE THE TRANSFER OF FUNDS FROM THE ACCOUNT OF THE BUYER TO THE SELLER OR THE EMPLOYER TO THE EMPLOYEE. EFTS IS A SUBSTITUTE FOR TRANSACTIONS PRESENTLY CONDUCTED BY CHECK OR CASH. WHILE PRESENT ROBBERY TECHNIQUES WOULD NECESSARILY BE ELIMINATED BY EFTS BECAUSE OF THE ABSENCE OF ANY TANGIBLE MEDIUM OF EXCHANGE, NEW FORMS OF THEFT WOULD ARISE IN RELATION TO THE VULNERABILITIES OF EFTS. AT THE INPUT STAGE OF EFTS, FALSE ACCOUNTS AND CREDITS COULD BE FABRICATED BY FEEDING FALSE AND ALTERED DATA. COMPUTER PROGRAMS COULD BE STOLEN, ALTERED, OR HELD FOR RANSOM. CRIMINAL ELEMENTS, AND POSSIBLY A FIRM'S COMPETITORS, COULD DESTROY A CENTRAL PROCESSING UNIT AND CRIPPLE THE COMPUTER'S OPERATION. AT THE 'OUTPUT' STATE OF THE COMPUTER OPERATIONS, CRIMES WOULD MOST LIKELY INVOLVE THEFTS OF CONFIDENTIAL DATA FOR USE IN THE BLACK MARKET. THE ROTATION OF EMPLOYEE ACCESS TO VARIOUS STAGES OF AN EFTS OPERATION, ISOLATION OF THE COMPUTERS, ACCESS ON A 'NEED BASIS,' AND THE PLACING OF ALL INSTRUCTIONS IN WRITING ARE SOME SECURITY APPROACHES THAT COULD BE USED. PRESENT LAWS ARE NOT ADEQUATE TO PROSCRIBE EFTS TYPES OF CRIMES. EXISTING LAWS BORDERING ON EFTS CRIMES ARE EXAMINED AND SHOWN TO BE INADEQUATE. PROBLEMS ASSOCIATED WITH GATHERING EVIDENCE IN EFTS CRIMES ARE ALSO CONSIDERED. PROCEDURES FOR ADMITTING COMPUTER PRINTOUTS AS EVIDENCE ARE CRUCIAL IN THE TRYING OF EFTS OFFENSES. THE DEVELOPMENT OF EFTS WILL MEAN THE GROWTH OF THE WHITE COLLAR CRIMINAL, A TYPE OF CRIMINAL THE COURTS HAVE SELDOM PUNISHED WITH ANY SEVERITY OR CONSISTENCY. FURTHER, THE CORRECTIONS SYSTEM IS ILL-PREPARED TO GEAR ITS REHABILITATIVE SERVICES TOWARD THE WHITE COLLAR CRIMINAL. (RCB)