1) these are not ATMs, certainly do not fall under the same rules and regulations (at present anyway)
Irrelevant.
2) I did not say the bug is consent, but the signature. What do you propose we do about this "bug" issue in the future then eh? Can I set someone up with a bitcoin wallet, send them all of my bitcoins with erroneously coded software and then prosecute them? I think not.
That's why you have to show that there was intent (and consent).
3) Do you know 100% for a fact that a software bug caused that issue? Provide solid evidence apart from an IRC log that it was not intersango's intent to send the btc and that a bug caused the issue
The thief has admitted.
4) whether you want it to or not, bitcoin has no regard for "intent", you're thinking of paypal, those transactions can be reversed, perhaps PPUSD is a better currency for you
Technical ability for reversals is of no relevance to the law. "But your honor, is technically impossible for me to return the stolen car!"