It's still their hardware. That's true, but I think that's the smaller problem. Owning and using hardware built for fraud (presumably banks ordinarily provide

It's still their hardware. That's true, but I think that's the smaller problem. Owning and using hardware built for fraud (presumably banks ordinarily provide merchants with the real ones) would be a serious crime that only outright criminals commit. With credit cards you need to worry about the marginal criminals.