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15 J. Marshall J. Computer & Info. L. 39 (1996-1997)
Allocating the Risk of Loss for Bank Card Fraud on the Internet

handle is hein.journals/jmjcila15 and id is 41 raw text is: ALLOCATING THE RISK OF LOSS
FOR BANK CARD FRAUD ON
THE INTERNET
by RANDY GAINERt
I. INTRODUCTION
Demographers estimate that between thirty and fifty million people
world-wide currently use the Internet.1 Internet users increasingly use
the Internet to make purchases. More than 25,000 merchants in 150
countries sell goods and services over the Internet,2 and 32% of World
Wide Web (Web) users have purchased goods or services over the
Internet.3
t Randy Gainer is an associate at Davis Wright Tremaine in Seattle, Washington.
1. The CommerceNet/Nielsen Internet Demographics Survey: Executive Summary,
October 30, 1995 [hereinafter 1995 CommerceNet Survey] (available on the World Wide
Web @ http://www.commerce.net/information/surveys/exec-sum.html), as updated by The
CommerceNet/Nielsen Internet Demogrpaphics Recontact Study March/April 1996: Execu-
tive Summary, August 13, 1996 [hereinafter CommerceNet Recontact Study (available on
the World Wide Web @ httpJ/www.commerce.network/pilot/Nielsen96/ecec.html) (esti-
mating that there are twenty-four million Internet users over sixteen years of age in the
United States and Canada). See also The Future of Money: Hearings Before the Subcomm.
on Domestic and International Monetary Policy of the House Comm. on Banking and Finan-
cial Services, 101st Cong., 1st Sess. 1 (1995) [hereinafter Hearings] (statement of William
N. Melton, CEO, CyberCash, Inc.).
2. Hearings, supra note 1, (testimony of Heidi Goff, Sr. V.P., MasterCard Int'l.). Ms.
Goff estimates that by the year 2000, more than one-hundred million people around the
world will be connected to the Internet. Id.
3. Internet Buyers in the Millions With Credit Cards Ready, ON-Ln-E BusnrEss To-
DAY, Sept. 18, 1995, (newsletter No. 950918 [#11], available by e-mail at OBT@HPP.Com);
Jeffrey Kutler, Currency of the Internet Realm? So far, It's Plastic, AmERICAN BANKER,
Sept. 21, 1995, at 1 (reporting a survey by Verifone, Inc., MasterCard and Visa). The 1995
CommerceNet Survey estimated that of the 17,280,000 United States and Canadian Web
users over sixteen years of age, 14% (2,419,200) had purchased goods or services over the
Web. Hearings, supra note 1. The CommerceNet Recontact Study reported that in March/
April 1996, the same percentage, 14%, of an increased number of web users had used the
Web to purchase goods or services. CommerceNetRecontact Study, supra note 1. The Com-
merceNet Recontact Study also reported that, among people who use the Web for business
purposes, more Web users sold products or services (increasing from 11% in 1995 to 16% in
1996) and more users purchased products (increasing from 24% to 30%). Id.

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