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Man Fined For Implanting NFC Train Ticket In Hand (cnet.com)

Posted by BeauHD on from the above-the-law dept.

Unhappy Windows User writes: An Australian man, when checked by a ticket inspector, claimed his smart travel card was implanted in his hand. He took the case to court and lost; the fine and legal fees add up to AU$1220 (USD $950). The man, who self-identifies as a biohacker and is a member of the Science Party, accepts the ruling but states that it won't discourage him from further biohacking. He claimed he was ahead of the law. The prosecution argued that, by cutting the chip out of the card, the ticket was invalidated. It is not clear from the article whether the NFC chip was working correctly and could be read by the inspector, or not. Further reading: BuzzFeed News

68 of 107 comments (clear)

  1. $1220 fine? by b0s0z0ku · · Score: 1

    Equivalent to over $1000US. Wee bit harsh, no? Around NYC, if you don't have a ticket, they make you buy one for a bit of extra money ($5, I think). On express buses, if you don't have a ticket, the fine is around $100.

    $1000 is robbery.

    1. Re:$1220 fine? by pjay_dml · · Score: 2

      It was a $220 fine, the $1000 was for court costs.

    2. Re:$1220 fine? by jlavi · · Score: 1

      Next he will be sued for the irrecoverable damage caused to the australian judicial system by making this case public.

    3. Re:$1220 fine? by azcoyote · · Score: 1

      Or: Take his AU$1000, and use it to get him a good shrink.

      --
      Incipiamus, fratres, servire Domino Deo, quia hucusque vix vel parum in nullo profecimus.
    4. Re:$1220 fine? by gravewax · · Score: 1

      He paid extra to the government because he pleaded not guilty and was found to actually be guilty, hence forced to pay costs. seems reasonable to me.

    5. Re:$1220 fine? by b0s0z0ku · · Score: 2, Insightful

      Nope -- courts should be tax-supported. Paying a penalty for daring to defend yourself isn't in the interests of justice, since it discourages people from defending themselves in court. Basically, it's a racket.

    6. Re:$1220 fine? by diamondmagic · · Score: 1

      You really don't get what's going on here, do you?

      It wasn't the man wasn't taking the government to court, the prosecution was the GOVERNMENT. If they really wanted to save money, they could just have NOT TRIED THE CASE.

      --
      Wonder what the public key field is for?
    7. Re:$1220 fine? by gravewax · · Score: 1

      this wasn't a criminal case, their is no presumption of innocence in civil matters.

    8. Re:$1220 fine? by b0s0z0ku · · Score: 1

      There needs to be a disincentive for governments to fine and jail people for minor things.

    9. Re:$1220 fine? by Anonymous Coward · · Score: 1

      Well no again. They didn't pursue court-directed legal action. This guy contested a fine in court and lost.

      2 things about the Australian court system which make them vastly superior to the jokes in the USA: Loser pays and no punitive damages. If you're provably in the right, you don't have to worry about defense costs. If you're provably in the wrong (especially in civil matters, like copyright), they can only claim direct and provable damages rather than the thousands to millions of dollars thrown around in US courts to "punish" and "make examples". So if you pirate a movie, you'd be out the cost of a DVD plus their legal fees (and that's capped to a reasonable amount to prevent punitive action), not the entire production cost of the work.

    10. Re:$1220 fine? by b0s0z0ku · · Score: 1

      By that argument, they should be fined the cost of the train ticket plus a small legal fee.

    11. Re:$1220 fine? by thegarbz · · Score: 1

      No, only a $220 fine. He then took it to court. In Australia there is a loser pays system and he had to pay the $1000 court costs.

    12. Re:$1220 fine? by thegarbz · · Score: 1

      Nope -- courts should be tax-supported.

      No thanks. Australia has far less frivolous lawsuits thanks to the way our courts are paid for.

      Paying a penalty for daring to defend yourself isn't in the interests of justice

      Paying a penalty for someone else daring to take you on isn't in the interest of justice. He didn't pay a penalty for daring to defend himself, he paid a penalty for being stupid. His arguments in court were that he is not guilty because the law itself is wrong. He didn't even try and defend himself against the breach of the law he was being charged against.

    13. Re:$1220 fine? by Xolotl · · Score: 1

      Exactly, that seems fair.

    14. Re:$1220 fine? by Kjella · · Score: 1

      Nope -- courts should be tax-supported. Paying a penalty for daring to defend yourself isn't in the interests of justice, since it discourages people from defending themselves in court. Basically, it's a racket.

      Well, the alternative is a world where the worst that could possibly happen after you've expended all your legal avenues is to pay the original amount disputed. That would encourage being an insufferable dick. Part of the goal of the civil system is also to encourage people to solve disputes themselves first or as early as possible and not roll those costs over on everyone else by taxes. While it might mean they presume a certain omniscience being found wrong means you were the problem here. You were the reason this had to end up in court, hence you have to pay the court costs. I like our "small value" court here in Norway, under $16200 you pay at most 20% of the disputed value in court costs, but minimum $325 and maximum $3250. So if you go crazy with lawyer costs, well it's just likely to become your own problem. Which you might say limit your access to legal council which is again against justice but... the judges here are fairly nice to people pleading their own case nicely without a lawyer.

      --
      Live today, because you never know what tomorrow brings
    15. Re:$1220 fine? by bane2571 · · Score: 1

      Not exactly true. The government issued a legal and appropriate fine. There are other recourse to have the fine reversed which either failed or were ignored - given he had the chip in hand he could have disputed the fine by proving he had in fact paid for the trip and it likely would have been reversed.

      Instead of having the fine reversed he decided to go to court, effectively he is suing the government at this point - the government has no choice but to respond, the guy has a right to his day in court. Turns out the court decided he was wrong so he pays the price.

      The Australian fines system is actually pretty nice - there are a bunch of layers to it so you don't get wrongly charged. This guy, unfortunately, appears to be ahead of the times. He's also an idiot for riding a train without a valid ticket and then claiming he had one.

    16. Re:$1220 fine? by bane2571 · · Score: 1

      A great recent example of this is labor declaring a new tax idea. Decent idea to tax a very narrow type of income differently (dividends). Huge public outcry caused them to back down on it. This all happened (suggest, outcry, retreat) over a couple of days.

      Our politicians are too spineless to put real change through, instead they just cruise along while infrastructure goes to shit, wage growth stagnates and housing prices sky rocket. I think the last effective PM we've had was Howard - for good (guns) and bad (work choices) at least he got stuff done.

    17. Re:$1220 fine? by diamondmagic · · Score: 1

      Having a judgement rendered against you (a fine or otherwise) and then appealing it is not "suing the government".

      He had a valid, paid fare, that he was able to prove on-site. If this were any private company, they'd be able to kick him off, at most.

      --
      Wonder what the public key field is for?
  2. Joke's on him by wyattstorch516 · · Score: 1

    The serial number for smart card is 666.

  3. I think they ought to be a bit lenient towards him by K.+S.+Kyosuke · · Score: 1

    After all, professor Warwick probably wasn't aware of the local rules.

    --
    Ezekiel 23:20
  4. it's still readable. by Lead+Butthead · · Score: 2

    It is not clear from the article whether the NFC chip was working correctly and could be read by the inspector, or not.

    BBC reports the implanted chip is still readable.

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
  5. Chip could be read by demon+driver · · Score: 1

    The chip could be read. At least that's what German IT news site Golem claims.

  6. Meow-Ludo Disco Gamma Meow-Meow by innocent_white_lamb · · Score: 4, Insightful

    The guy's name is Meow-Ludo Disco Gamma Meow-Meow.

    Really.

    How does he expect people to take him seriously? (That's a serious question.)

    --
    If you're a zombie and you know it, bite your friend!
    1. Re:Meow-Ludo Disco Gamma Meow-Meow by DontBeAMoran · · Score: 2

      You better watch this right meow.

      --
      #DeleteFacebook
    2. Re:Meow-Ludo Disco Gamma Meow-Meow by Gravis+Zero · · Score: 2

      The guy's name is Meow-Ludo Disco Gamma Meow-Meow.
      How does he expect people to take him seriously?

      I agree completely! I mean, everyone knows that Disco is dead. Does he really think people are going to just believe he's a zombie? If they did then wouldn't they just try to decapitate him immediately?

      Serious questions need serious answers, people! ;)

      --
      Anons need not reply. Questions end with a question mark.
    3. Re:Meow-Ludo Disco Gamma Meow-Meow by Applehu+Akbar · · Score: 1

      The guy's name is Meow-Ludo Disco Gamma Meow-Meow.

      THAT is why he was convicted. Since the chip still scanned validly as a ticket, he might have had sympathy from the public in contesting the charge had he gone by an ordinary name.

    4. Re:Meow-Ludo Disco Gamma Meow-Meow by PopeRatzo · · Score: 1, Troll

      The man, who self-identifies as a biohacker

      Jesus. Recycle his cellular material right now.

      The guy's name is Meow-Ludo Disco Gamma Meow-Meow.

      Wait, is he from the Baltimore Meow-Meows? I think I went to school with one of his brothers.

      The guy's name is Meow-Ludo Disco Gamma Meow-Meow

      So, he's probably a furry as well as a biohacker. Can I get one of the portable sterilization units over here right now? I think we have someone who must never be allowed to procreate.

      --
      You are welcome on my lawn.
    5. Re:Meow-Ludo Disco Gamma Meow-Meow by Anonymous Coward · · Score: 1

      I know him personally. He's won several international awards for setting up bio-hacker spaces, has started several companies and is one of the nicest guys I've met.

      An article, from before he was fined:
      “[Australia needs] less career politicians and more ordinary people and educated professionals.”

      Educated Meow is, with qualifications in molecular genetics from the University of NSW, biohacking grabbing his attention the most – this is where the Opal Card stunt came in.
      http://www.illawarramercury.com.au/story/4970380/biohacker-meow-meow-to-teach-wollongong-about-bitcoin/
      ---

      For those wondering, yes. The chip worked fine. He was fined for using a "defaced or damaged card". The irony is, the NSW State Government is currently is currently looking at a means to use "nfc communication without the requirement of an issued card" - ie, a phone app... But they've just fined this guy for doing exactly what their latest money grab is "looking into".

      One possible legal solution I can see, which I will mention to him when I see him next, is to implant a cloned chip, and still carry the card. The chip itself is now registered on the system as "lost" which is, again, ironically the very thing he was trying to avoid (and he does indeed know it's exact location - in his freaking hand!).

      The point is - he didn't avoid a fare. He was fined based on a ridiculous technicality because some ticket inspector felt like being a smart ass (meanwhile, the government will have to change their laws to allow them to bring their NFC apps they are planning to release for this very purpose... so yeah, I'd say he's ahead of the law)

    6. Re:Meow-Ludo Disco Gamma Meow-Meow by h33t+l4x0r · · Score: 1

      The guy's name is Meow-Ludo Disco Gamma Meow-Meow.

      He probably could gotten off with an insanity defense.

  7. Moral of the story by fahrbot-bot · · Score: 1

    The prosecution argued that, by cutting the chip out of the card, the ticket was invalidated.

    Next time, implant the entire card.

    --
    It must have been something you assimilated. . . .
    1. Re:Moral of the story by hcs_$reboot · · Score: 1

      Actually he could have said that the whole card is in, nobody would have cut the hand to check..

      --
      Slashdot, fix the reply notifications... You won't get away with it...
    2. Re:Moral of the story by freeze128 · · Score: 1

      I would argue that the chip *IS* the ticket. The rest of the card is just filler.

  8. Implant Error by fyngyrz · · Score: 2

    The serial number for smart card is 666.

    Well, no wonder it didn't work. A 666 smart card has to be implanted in the forehead, not the hand.

    I thought everyone knew that.

    --
    I've fallen off your lawn, and I can't get up.
    1. Re:Implant Error by h33t+l4x0r · · Score: 1

      Hang on, first of all you're mixing up mark of the beast with number of the beast, and second of all, it's hand *or* forehead. Get your mythology straight at least.

    2. Re:Implant Error by fyngyrz · · Score: 1

      I get my mythology from the Boomer Bible, you insensitive clod.

      --
      I've fallen off your lawn, and I can't get up.
  9. How is it invalidated... by Anonymous Coward · · Score: 1

    He still f'ing paid for the ticket. That he has the physical card or just the chip shouldn't matter, he had a paid for ticket. His lawyer was terrible for losing this.

    1. Re:How is it invalidated... by b0s0z0ku · · Score: 5, Funny

      You can't win in a Kangaroo Court. (sorry, too easy)

    2. Re:How is it invalidated... by DontBeAMoran · · Score: 2

      But he destroyed the property of the issuer.

      --
      #DeleteFacebook
    3. Re:How is it invalidated... by diamondmagic · · Score: 1

      If that was even true, they'd have to prosecute everyone who loses their card. Because that's the same thing, legally.

      But in any event, that's not what the case was over. He had a legal fare.

      --
      Wonder what the public key field is for?
    4. Re:How is it invalidated... by Pieroxy · · Score: 1

      If that was even true, they'd have to prosecute everyone who loses their card. Because that's the same thing, legally.

      But in any event, that's not what the case was over. He had a legal fare.

      Losing a card and willingly destroying it is hardly the same thing in regard of the law.

      --
      Write boring code, not shiny code!
    5. Re:How is it invalidated... by dwywit · · Score: 1

      That's right - under the conditions of issue, you never own the card, so you're not allowed to damage it. Fair enough, but really, he met the moral conditions - he paid for a ticket, the transport agency received payment for his travel. f'kin idiots.

      --
      They sentenced me to twenty years of boredom
  10. read bait by Mister+Liberty · · Score: 2

    The headline "Man Fined For Implanting NFC Train Ticket In Hand" is clearly wrong.
    He was fined because "The prosecution argued that, by cutting the chip out of the card, the ticket was invalidated.".

    1. Re:read bait by azcoyote · · Score: 1

      He was fined because "The prosecution argued that, by cutting the chip out of the card, the ticket was invalidated.".

      The solution: next time he needs to implant the whole card in his hand.

      --
      Incipiamus, fratres, servire Domino Deo, quia hucusque vix vel parum in nullo profecimus.
    2. Re:read bait by Actually,+I+do+RTFA · · Score: 1

      If you cut the serial number out of a piece of currency, do you think you still can spend that small rectangle?

      --
      Your ad here. Ask me how!
    3. Re:read bait by iggymanz · · Score: 2

      not a valid analogy at all, the serial number is not used for any transaction.

      my credit card number is good without the card, that's the analogy.

    4. Re:read bait by Actually,+I+do+RTFA · · Score: 1

      As long as he doesn't mind cutting it out of his hand for the conductor, I'd imagine that's fine.

      --
      Your ad here. Ask me how!
    5. Re:read bait by sysrammer · · Score: 1

      Sure it's read bait. But it got both you and I to contribute.

      I think we get a trophy or somethin'.

      --
      His ignorance covered the whole earth like a blanket, and there was hardly a hole in it anywhere. - Mark Twain
    6. Re:read bait by sysrammer · · Score: 1

      He was fined because "The prosecution argued that, by cutting the chip out of the card, the ticket was invalidated.".

      The solution: next time he needs to implant the whole card in his hand.

      Then, when asked, he can simply play his hand.

      --
      His ignorance covered the whole earth like a blanket, and there was hardly a hole in it anywhere. - Mark Twain
    7. Re:read bait by religionofpeas · · Score: 1

      The solution: next time he needs to implant the whole card in his hand.

      Except, of course, for the part that has his picture on it.

  11. Re:Should have said: by gravewax · · Score: 1

    probably still would have been done, you are required to present the card for inspection upon request and can be detained until you do. I guess he could have cut it out of his arm!

  12. They should have demanded the card back by WillAffleckUW · · Score: 1

    And then removed his appendage in the process.

    Hey, it's like when you forget a payment on your organs, they send out biohackers to hack it out of you.

    --
    -- Tigger warning: This post may contain tiggers! --
  13. He broke the “don’t destroy your card& by Lord_Jeremy · · Score: 2

    He wasn’t fined for implanting the chip is his hand. He was fined for defacing/destroying his electronic ticket card and trying to ride the train.

  14. You're out of order by OrangeTide · · Score: 1

    Stop attempting to use logic, this is a court room sir!

    --
    “Common sense is not so common.” — Voltaire
  15. Re:He broke the “don’t destroy your ca by OrangeTide · · Score: 3, Insightful

    Yeah, I don't see them going after any school kids that lost or destroyed these cards. Flushing it in the toilet, microwaving it, lighting it on fire, etc. You know, typical kid stuff.

    This is very much a case of the law being applied on a technicality in order to intimidate one person. When so many other cases where the technically applies are ignored.

    --
    “Common sense is not so common.” — Voltaire
  16. Re:He broke the “don’t destroy your ca by avandesande · · Score: 1

    If he's smart he will implant the entire card in his hand.

    --
    love is just extroverted narcissism
  17. putting a chip under your skin isn't biohacking by rsilvergun · · Score: 2

    editing your genome might be. Or changing your gut bacteria. Or maybe even laser eye surgery. But this is no more bio hacking then getting your ears pierced.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  18. Re:WTF? by Applehu+Akbar · · Score: 2

    sanity(Member of the Australia Science Party) = sanity(Member of US Libertarian Party)

    Actually the Australia Science Party doesn't sound bad: https://en.wikipedia.org/wiki/...

    Perhaps we need a party like this.

  19. Re:He broke the “don’t destroy your ca by sims+2 · · Score: 1

    Any business would only care if he had paid for the service.
    Oh you implanted it in your hand that's uhhh neat? It's still $20 a swipe tho. *beep* Oh it worked how about that have a nice day sir.

    So either after implanting it it didn't work either because something broke or they need other information from the card (maybe that particular reader required a magnetic strip?)
    Or maybe they just happen to be jerks.

    --
    Minimum threshold fixed. Thanks!
  20. Re:He broke the “don’t destroy your ca by OrangeTide · · Score: 1

    Or maybe they just happen to be jerks.

    Government service attracts officious bureaucrats like flies to shit.

    --
    “Common sense is not so common.” — Voltaire
  21. Re:He broke the “don’t destroy your ca by sims+2 · · Score: 1

    Has anyone come up with a solution to that yet?

    --
    Minimum threshold fixed. Thanks!
  22. For those missing the finer detail by thegarbz · · Score: 1

    Meow-Meow is "ahead of the law," his lawyer Nicholas Broadbent told the ruling Magistrate

    Ultimately this was an exercise in stupidity. He was charged for defacing and not having a valid ticket. And his defence was that he was ahead of the law because the law didn't take into account that someone may be able to cut up the ticket and still pay for the transport.

    It is a very strange way to try and defend yourself.

    1. Re:For those missing the finer detail by meza · · Score: 1

      He should just move to Sweden where implanted NFC chips is already being offered as a ticket solution by the main railway company SJ https://www.stockholmdirekt.se...

  23. Re:He broke the “don’t destroy your ca by drinkypoo · · Score: 1

    If he's smart he will implant the entire card in his hand.

    If we're lucky, he will implant the entire card in his head.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  24. This is a success story: by Kevin108 · · Score: 1

    An Australian man and member of the Science Party wanted more government involvement in transportation.

    An Australian man and member of the Science Party experienced more government involvement in transportation!

    --

    It's a perfect time for being wasted.
    A perfect time to watch the stars.
    - Burden Brothers, "Beautiful Night"
  25. Re:He broke the “don’t destroy your ca by demonlapin · · Score: 1

    Monarchy. The king can overrule any bureaucrat. It has its own problems, such as insane or idiot kings.

  26. Beezow Doo-Doo Zopittybop-Bop-Bop by Anonymous Coward · · Score: 1

    He is likely to be taken as seriously as Beezow Doo-Doo Zopittybop-Bop-Bop

    https://www.huffingtonpost.com/entry/beezow-doo-doo-zopittybop-bop-bop-arrested_us_56b1b6aae4b01d80b2448897

    or Julius Andreas Gimli Arn MacGyver Chewbacka Highlander Elessar-Jankov

    https://www.buzzfeed.com/awesomer/julius-andreas-gimli-arn-macgyver-chewbacka-highla-cci?utm_term=.gcJgqlqX6#.mp1e3w38Q

  27. Re:He broke the “don’t destroy your ca by OrangeTide · · Score: 1

    Donald Trump would make a great king, him being a stable genius and all.

    --
    “Common sense is not so common.” — Voltaire
  28. Re:He broke the “don’t destroy your ca by mjwx · · Score: 1

    Yeah, I don't see them going after any school kids that lost or destroyed these cards. Flushing it in the toilet, microwaving it, lighting it on fire, etc. You know, typical kid stuff.

    Because they aren't still trying to use them. If your card is damaged, you are told to get a new one. If you don't, then you get fined.

    This is very much a case of the law being applied on a technicality in order to intimidate one person. When so many other cases where the technically applies are ignored.

    Are you one of those FOTL nutters?

    The full story is that he was told to get a replacement card (in accordance with the terms and conditions). He argued with the transit guard who had enough and issued him with a $220 fine and the instruction to buy a new Opal card. Idiot with stupid name decided to fight it and go to court, he lost in court because the transit authority was not being unreasonable and well within their rights. So idiot was slugged with the transit authorities court costs as well as the fine (In Australia, loser pays the court costs and winners legal fees, this system prevents companies from using the legal system to strong arm the little guy).

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.