The National Audit Office has found as follows:
“For too long, as a low value but high volume crime, online fraud has been overlooked by government, law enforcement and industry. It is now the most commonly experienced crime in England and Wales and demands an urgent response. While the Department is not solely responsible for reducing and preventing online fraud, it is the only body that can oversee the system and lead change. The launch of the Joint Fraud Taskforce in February 2016 was a positive step, but there is still much work to be done. At this stage it is hard to judge that the response to online fraud is proportionate, efficient or effective.”
Our regular readers will recall that over ten years ago the government got the banks to agree with the police that fraud would be reported to the bank first. This ensured that the police and the government could boast of falling fraud figures, while the banks could direct such fraud investigations as did happen. This was roundly criticized by the Science and Technology Committee (here and here) but the government held firm. Over the succeeding decade, dissident criminologists started pointing out that fraud was not falling, just going online like everything else, and the online stuff was being ignored. Successive governments just didn’t want to know; for most of the period in question the Home Secretary was one Theresa May, who so impressed her party by “cutting crime” even though she’d cut 20,000 police jobs that she got a promotion.
But pigeons come home to roost eventually, and over the last two years the Office of National Statistics has been moving to more honest crime figures. The NAO report bears close study by anyone interested in cybercrime, in crime generally, and in how politicians game the crime figures. It makes clear that the Home Office doesn’t know what’s going on (or doesn’t really want to) and hopes that other people (such as banks and the IT industry) will solve the problem.
Government has made one or two token gestures such as setting up Action Fraud, and the NAO piously hopes that the latest such (the Joint Fraud Taskforce) could be beefed up to do some good.
I’m afraid that the NAO’s recommendations are less impressive. Let me give an example. The main online fraud bothering Cambridge University relates to bogus accommodation; about fifty times a year, a new employee or research student turns up to find that the apartment they rented doesn’t exist. This is an organised scam, run by crooks in Germany, that affects students elsewhere in the UK (mostly in London) and is netting £5-10m a year. The cybercrime guy in the Cambridgeshire Constabulary can’t do anything about this as only the National Crime Agency in London is allowed to talk to the German police; but he can’t talk to the NCA directly. He has to go through the Regional Organised Crime Unit in Bedford, who don’t care. The NCA would rather do sexier stuff; they seem to have planned to take over the Serious Fraud Office, as that was in the Conservative manifesto for this year’s election.
Every time we look at why some scam persists, it’s down to the institutional economics – to the way that government and the police forces have arranged their targets, their responsibilities and their reporting lines so as to make problems into somebody else’s problems. The same applies in the private sector; if you complain about fraud on your bank account the bank may simply reply that as their systems are secure, it’s your fault. If they record it at all, it may be as a fraud you attempted to commit against them. And it’s remarkable how high a proportion of people prosecuted under the Computer Misuse Act appear to have annoyed authority, for example by hacking police websites. Why do we civilians not get protected with this level of enthusiasm?
Many people have lobbied for change; LBT readers will recall numerous articles over the last ten years. Which? made a supercomplaint to the Payment Services Regulator, and got the usual bland non-reassurance. Other members of the old establishment were less courteous; the Commissioner of the Met said that fraud was the victims’ fault and GCHQ agreed. Such attitudes hit the poor and minorities the hardest.
The NAO is just as reluctant to engage. At p34 it says of the Home Office “The Department … has to influence partners to take responsibility in the absence of more formal legal or contractual levers.” But we already have the Payment Services Regulations; the FCA explained in response to the Tesco Bank hack that the banks it regulates should make fraud victims good. And it has always been the common-law position that in the absence of gross negligence a banker could not debit his customer’s account without the customer’s mandate. What’s lacking is enforcement. Nobody, from the Home Office through the FCA to the NAO, seems to want to face down the banks. Rather than insisting that they obey the law, the Home Office will spend another £500,000 on a publicity campaign, no doubt to tell us that it’s all our fault really.