matthewg wrote:The terms of use clearly state they can cancel/confiscate cards that have been tampered with. Removing the MiFare chip and loop and implanting it in your body is a pretty significant bit of tampering.
No argument there, but given the (remnant of the) card and its electronic state at the time of the alleged offence may be relevant evidence in the trial it doesn't pass the sniff test. This might provide the opportunity for the defence to mount the spurious arguments of evidence tampering and obstruction of justice or more simply argue that the belated cancellation of the card proves that the card was valid at the time of the alleged offence.
It's going to come down to if physical tampering to change the form factor of the token should be treated differently from software tampering with intent to defraud. This guy had no intention to defraud, so....
It will likely be thrown out of court if it proceeds. Yes, the ticket was mutilated but not in a matter the prevented its effective processing - assuming the prosecution cannot prove the the card was not tapped on.
moa999 wrote:Would have thought no tampering is pretty black and white, it's not no altering the functionality.
The case is about whether he had a valid ticket. The ticket is held in electronic form. Altering the container of the ticket does not alter the validity of the ticket, If they wanted to prosecute they should have tried to get him on something else like refusing to surrender his Opal card.
moa999 wrote:but I doubt they'll require the chip credentials to be reactivated
I don't know whether the magistrate can rule over that. That is probably a civil matter and clearly he as broken the terms of use. It may not be technically possible to reactivate a disabled "card". Deactivation may be implemented in such a way to be irreversible. This seems to be the case with SIM cards.
He also had a registered Opal card cancelled earlier which he should receive compensation for as it was improperly cancelled on the assumption it was the implant.