Slashdot Mirror
Ethical Obligations
MaxwellStreet writes "There's a great editorial on msnbc.com about the ethical dilemma of whether or not a system administrator (or the business they work for) is obligated to disclose credit card number theft from their machines. What does everyone here think?"
While most people don't realize it there is more than an ethical problem here; there is a legal one. Assuming that an administrator works in the U.S. here is the legal situation:
Anyone who has knowledge of a Federal Felony in the U.S. is required by law to report it to the proper law enforcement authorities ( U.S. Attorney, FBI etc.). Failure to do so makes that person an indictable co-conspirator.
Computer break-ins and credit card theft are Federal Felonies; if 'Dana' is in the U.S. he has no choice but to report or become a criminal himself.
Federal whistle blower statutes apply once something has been reported to the legal authorities but not before; Dana could be fired now - but not once he reports the theft and invokes the whistle blower act.
Found out about this from some federal agents and attorneys I work out with after some bad personal experiences with a company.
I suggest that 'Dana' talk to an attorney and make a decision about how good his information is. Like Spider Man ignoring the theft of the gate receipts - a failure to act can come back to bite you; how does he know that this theft was not an Al-Qaeda action?
Whether or not the merchant is required to disclose credit card theft from their files should be covered by their agreement with the card issuer.
Why?
Because THAT is who the cards and numbers belong to. It's right there on the back of my cards.
"THIS CARD IS THE PROPERTY OF AND ISSUED BY *** AND MUST BE RETURNED ON REQUEST"
and..
"ESTA TARJETA ES PERSONAL, INTRANSFERIBLE Y PROPIEDAD DEL BANCO"
Let's all *please* remember what a credit card really is. It's a token, issued to the customer of a credit card issuer, used to identify yourself to merchants who are also using that credit system.
it is not yours. it is merely a token.
Many card contracts only hold you liable for charges if your card is physically stolen and you don't report it; you are not liable *at all* for fees charged to your card unless
a) You charged them yourself
b) Through your own actions permitted someone to charge them
c) Failing to report a stolen card.
In other words, if my card is in my pocket, and whatever merchant some gomer used my number at can't prove that it was ME who authorized the use... he gets no money, visa doesn't charge me.
If you card DOESN'T work this way, please shop around, you are getting screwed.