I realize that if somebody makes a transaction without any fees and there have not yet been any confirmations, then the transaction could be double spent by just spending the same inputs to a different address, but with a standard fee.
My question is, if somebody sends a transaction with a standard fee, and there have yet to be any confirmations, could that transaction be just as easily overridden by rewriting the transaction, but with a higher fee? If so, what would be the implications for a party that accepts zero confirmation transactions such as BitPay?
Here is how it would work: I spend 100 mBTC on a dinner in a regular transaction that the restaurant accept with no confirmations. I send another transaction returning 90 mBTC of the inputs to myself and paying 10 mBTC as a miner's fee. There is no risk for me! Worst case I paid for what I spent anyway. But with x% chance, I only have to pay 10% of the dinner!
– Brian Fabian Crain Jul 07 '14 at 07:21