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<title>Techdirt. Stories filed under &quot;banks&quot;</title>
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<image><title>Techdirt. Stories filed under &quot;banks&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
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<pubDate>Thu, 24 Jan 2013 01:56:08 PST</pubDate>
<title>Banking Equipment Vendor Tries To Censor Security Research With DMCA Notice -- Then Backs Down When Called Out For It</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20130118/10002721726/banking-equipment-vendor-tries-to-censor-security-research-with-dmca-notice-then-backs-down-when-called-out-it.shtml</link>
<guid>http://www.techdirt.com/articles/20130118/10002721726/banking-equipment-vendor-tries-to-censor-security-research-with-dmca-notice-then-backs-down-when-called-out-it.shtml</guid>
<description><![CDATA[ <p>Abuse of the DMCA takedown process to remove material that is awkward or embarrassing for a company is a common enough topic on Techdirt.  But here's one with a slight twist.  It concerns hardware security modules (HSMs), which manage the cryptographic keys and PINs used to authenticate bank card transactions.  These were generally regarded as pretty secure -- until <a href="http://www.lightbluetouchpaper.org/2013/01/12/yet-more-banking-industry-censorship/">researchers started analyzing them</a>, as Ross Anderson, head of the Security Research Laboratory at Cambridge University, explains:

<blockquote><i>[HSM's] application programming interfaces (APIs) had become unmanageably complex, and in the early 2000s Mike Bond, Jolyon Clulow and I found that by sending sequences of commands to the machine that its designers hadn't anticipated, it was often possible to break the device spectacularly. This became a thriving field of security research.</i></blockquote>

Of course, "thriving" here means "we found lots of security holes", which is why those manufacturing HSMs would rather people didn't do much research in this area.  Recently, that desire led to the <a href="http://cryptome.org/2013/01/thales-dmca.htm">banking equipment manufacturer Thales sending a DMCA takedown notice to John Young</a>, who runs the well-known Cryptome site, demanding that he remove a manual for one of their HSM products.  What makes this demand particularly ridiculous is the fact that the manual had been on Cryptome since 2003 without any previous problems and, according to Young, is also <a href="http://search.yahoo.com/search;_ylt=Arx1YWmXXZJNY5lOd_XcUP9G2vAI?p=Zaxus+Host+Security+Module+RG7000&#038;fr=my-myy&#038;toggle=1&#038;cop=&#038;ei=UTF-8">widely available on the Internet, including from Thales itself</a>.
</p><p>
But a blog post from Anderson detailing <a href="http://www.lightbluetouchpaper.org/2013/01/12/yet-more-banking-industry-censorship/">this clumsy attempt to remove something using the blunt instrument of a DMCA takedown notice</a> suddenly brought the company to its senses.  A few days after his post appeared, the same person who had sent Young the less-than-friendly takedown notice <a href="http://cryptome.org/2013/01/thales-dmca-02.htm">followed it up with this rather more chummy missive</a>:

<blockquote><i>Thales is in no way trying to censor information that would benefit banking security research.
<br /><br />
The information concerned, as has been noted, has been available since 2003 and is in fact obsolete.  It also does not reflect the current Thales payment hardware security module.</i></blockquote>

So why on earth bother trying to take it down?

<blockquote><i>It is not unusual for Thales to suggest that out-of-date information is removed from web sites so that it doesn't cause confusion or mislead our customers. This would normally be handled with a polite request to the web site owner; on this occasion, unfortunately, we were over-zealous in initiating a takedown notice.</i></blockquote>

Well, there's rather a lot of "out-of-date" information on the Internet -- most of it, in fact -- and generally people don't resort to DMCA takedowns to try to remove it; "over-zealous" doesn't even begin to describe the disproportionate nature of the reaction here.

<blockquote><i>Thales fully appreciates the benefits of openly sharing information relating to our security products and fully supports legitimate academic research in this area. The most up-to-date and accurate information can be obtained directly from Thales.</i></blockquote>

Let's hope the company remembers that next time somebody posts information about security flaws in its systems.

<blockquote><i>I therefore wish to withdraw my earlier request for you to remove or disable access to the material in question and apologise for any distress it may have caused.</i></blockquote>

But as Young points out:

<blockquote><i>Credit for Thales' recantation goes to incorruptible security critic Ross Anderson who blogged and telephoned Thales to thrash the zealots</i></blockquote>

Indeed.  And it really shouldn't be necessary for professors of computer security to waste their time exposing abusive DMCA takedowns in this way, when they could be more usefully winkling out yet more dangerous flaws in hardware security modules, for example....
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20130118/10002721726/banking-equipment-vendor-tries-to-censor-security-research-with-dmca-notice-then-backs-down-when-called-out-it.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130118/10002721726/banking-equipment-vendor-tries-to-censor-security-research-with-dmca-notice-then-backs-down-when-called-out-it.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130118/10002721726/banking-equipment-vendor-tries-to-censor-security-research-with-dmca-notice-then-backs-down-when-called-out-it.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>abusing-the-system</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130118/10002721726</wfw:commentRss>
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<pubDate>Wed, 2 Jan 2013 14:36:00 PST</pubDate>
<title>FBI, Working With Banks, Chose Not To Inform Occupy Leadership Of Assassination Plot On Its Leaders</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20130102/09481421547/fbi-working-with-banks-chose-not-to-inform-occupy-leadership-assassination-plot-its-leaders.shtml</link>
<guid>http://www.techdirt.com/articles/20130102/09481421547/fbi-working-with-banks-chose-not-to-inform-occupy-leadership-assassination-plot-its-leaders.shtml</guid>
<description><![CDATA[ Whatever you thought of the so-called "<a href="http://www.techdirt.com/blog/?tag=occupy">Occupy</a>" movement of the past year or so, it seems clear that there has been at least a bit of overreaction to them. I mean, treating these protests, which have, by and large, been peaceful, as terrorist groups is just silly. But, as you may have seen over the past few days, <a href="http://www.justiceonline.org/commentary/fbi-files-ows.html#documents" target="_blank">that's exactly what the FBI did</a> (as uncovered by the Partnership for Civil Justice Fund (PCJF)), and they did it in a coordinated manner with both <a href="http://www.guardian.co.uk/commentisfree/2012/dec/29/fbi-coordinated-crackdown-occupy">Homeland Security and privately held banking corporations</a>. This certainly isn't the first time government organizations have allowed for the appearance of impropriety this way, but just as when DHS held a <a href="http://www.techdirt.com/articles/20100630/14391410029.shtml">press conference</a> from Disney's HQ, there's a certain flaunting feeling when the coordination with private companies against the public is so blatant.<br />
<br />
All that being said, you'd at least expect the FBI, no matter what level of corporate bowing they wish to engage in, to at least keep American citizens apprised of threats against their life. Unfortunately, it would appear the FBI disagrees when the citizens in question are Occupy leadership, as they allowed a plot to murder <a href="http://www.digitaljournal.com/article/340232">Occupy leadership in Texas with suppressed sniper rifles</a> go untold until a rights group dug it up.
<blockquote>
<i>Last week, Digital Journal reported that the documents obtained by PCJF detailed how the FBI cooperated with the Department of Homeland Security, US military and private corporations to monitor and investigate Occupy Wall Street protesters as "domestic terrorists" and "criminals." The documents prove that federal agencies are "functioning as a de facto intelligence arm of Wall Street and corporate America," PCJF said.</i></blockquote>
<blockquote>
<i>Thorough analyses of the documents has now revealed a heavily redacted file that clearly mentions a plan to use snipers to assassinate Occupy protesters. The names of the groups or individuals involved in the murderous plot have been redacted, so it is impossible to identify them at this time. What is known is that the FBI never alerted any of the potential victims of the danger to their lives.</i></blockquote>
We're talking heavily redacted text here, which strips out a bunch of details, but here's the text that is available.
<blockquote>
<i>An identified [redacted] of October planned to engage in sniper attacks against protesters in Houston, Texas, if deemed necessary. An identified [redacted] had received intelligence that indicated the protesters in New York and Seattle planned similar protests in Houston, Dallas, San Antonio and Austin, Texas. [Redacted] planned to gather intelligence against the leaders of the protest groups and obtain photographs then formulate a plan to kill the leadership via suppressed sniper rifles.</i></blockquote>
What's plain as day is that some group somewhere was plotting to murder OWS leadership in Texas. It's also clear that the FBI never bothered to inform the targets of the threats against their lives. This stands in apparent contrast to how closely they worked and coordinated with private banks to handle the OWS protests as a whole.  And, remember, this is the same FBI who has put tremendous effort over the past few years into <a href="http://www.techdirt.com/articles/20120917/05193620404/fbi-continues-to-foil-its-own-devised-terrorist-plots.shtml">breaking up</a> its <a href="http://www.techdirt.com/articles/20120818/18363620090/fbi-created-terrorist-plot-fails-to-produce-single-terrorist-does-plenty-damage-to-individual-liberties.shtml">own</a> terrorist plots.  You'd think that when it had a chance to go after <i>actual plots</i> to assassinate leaders of a political movement, they might, you know, actually do something and then trumpet the success in stopping a real plot.  Apparently not.
<br />
<br />
So the lesson here is simple. If you're a private bank, the FBI will help you demonize non-violent protesters as "terrorists," but if you're a protester, you don't get to know that you might have an infrared dot dancing on the back of your head -- or have the FBI take it as serious as one of its own made up terrorist plots.<br /><br /><a href="http://www.techdirt.com/articles/20130102/09481421547/fbi-working-with-banks-chose-not-to-inform-occupy-leadership-assassination-plot-its-leaders.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130102/09481421547/fbi-working-with-banks-chose-not-to-inform-occupy-leadership-assassination-plot-its-leaders.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130102/09481421547/fbi-working-with-banks-chose-not-to-inform-occupy-leadership-assassination-plot-its-leaders.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>gee,-thanks</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130102/09481421547</wfw:commentRss>
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<pubDate>Wed, 5 Sep 2012 09:19:00 PDT</pubDate>
<title>Big Banks Finally Punishing Employees For Fraud... Like The Call Center Guy Who Used A Fake Dime 50 Years Ago</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120905/00533920276/big-banks-finally-punishing-employees-fraud-like-call-center-guy-who-used-fake-dime-50-years-ago.shtml</link>
<guid>http://www.techdirt.com/articles/20120905/00533920276/big-banks-finally-punishing-employees-fraud-like-call-center-guy-who-used-fake-dime-50-years-ago.shtml</guid>
<description><![CDATA[ Wells Fargo, of course, was one of a bunch of the big banks heavily involved in questionable activities that brought the world to the precarious economic conditions we're still living in today.  Just a few weeks ago, the company <a href="http://www.huffingtonpost.com/2012/08/14/wells-fargo-sec_n_1775944.html" target="_blank">settled charges</a> that it had misled cities and non-profits when selling them risky securities without disclosing the risks.  The company gets a slap on the wrist -- without having to admit guilt -- and one executive (again without admitting guilt) gets a six month suspension.  Have you heard about any top execs at any of the banks getting fired for financial malfeasance?  No?  Well, perhaps it's because they're focusing on the <i>real</i> trouble makers.  Like Richard Eggers.  49 years ago, Eggers, as a teenager, tried to stick a cardboard cutout of a dime into a washing machine.  He didn't get away with it at the time, and was arrested for fraud.  He somehow put his life back together and, until recently, was a phone customer service agent for Wells Fargo.
<br /><br />
And now he's really paying the piper: Wells Fargo has <a href="http://newsfeed.time.com/2012/09/02/wells-fargo-fires-employee-who-committed-10-cent-fraud-in-1963/" target="_blank">just fired him for the decades-old incident</a> that, again, involved <i>a dime</i>.  Even accounting for inflation, we're talking about <i>a dime</i>.  However, thanks to supposedly "tough" new regulations concerning financial institutions, barring them from employing execs convicted of fraud, Wells Fargo is claiming that it had to fire Eggers.
<blockquote><i>
&#8220;We don&#8217;t have discretion to grant exceptions in situations like this. Once we find out someone has a criminal history of dishonesty or breach of trust we can no longer employ them.&#8221;
</i></blockquote>
Eggers has responded by <a href="http://blogs.desmoinesregister.com/dmr/index.php/2012/09/04/wells-fargo-employee-fired-for-cardboard-dime-files-civil-rights-complaint/" target="_blank">filing a civil rights complaint</a> against the company and federal regulators.  He and his lawyers are hoping to turn it into a class action lawsuit, as apparently a number of other employees at banks have lost their jobs under these rules.  Actual execs responsible for the financial crisis?  Not so much.
<br /><br />
This is yet another case where laws like this must "sound good at the time" to the policy makers putting them together without any sense of who it will really impact.  And the end result is that we sure are making Mr. Eggers "pay" for that dime stunt in 1963, huh?<br /><br /><a href="http://www.techdirt.com/articles/20120905/00533920276/big-banks-finally-punishing-employees-fraud-like-call-center-guy-who-used-fake-dime-50-years-ago.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120905/00533920276/big-banks-finally-punishing-employees-fraud-like-call-center-guy-who-used-fake-dime-50-years-ago.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120905/00533920276/big-banks-finally-punishing-employees-fraud-like-call-center-guy-who-used-fake-dime-50-years-ago.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>rules-are-rules?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120905/00533920276</wfw:commentRss>
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<pubDate>Wed, 29 Feb 2012 12:42:34 PST</pubDate>
<title>Big Bank CEO Who Makes $23 Million Says Press Should Stop Focusing On Bank Compensation... Because Reporters Are Overpaid?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120229/00575817909/big-bank-ceo-who-makes-23-million-says-press-should-stop-focusing-bank-compensation-because-reporters-are-overpaid.shtml</link>
<guid>http://www.techdirt.com/articles/20120229/00575817909/big-bank-ceo-who-makes-23-million-says-press-should-stop-focusing-bank-compensation-because-reporters-are-overpaid.shtml</guid>
<description><![CDATA[ JPMorgan Chase CEO Jamie Dimon, who made approximately $23 million last year, apparently doesn't like the press picking on the salaries at big banks like his.  So, he's telling them that <a href="http://www.huffingtonpost.com/2012/02/28/jamie-dimon-newspaper-reporter-pay_n_1307989.html?ref=tw" target="_blank">they're the ones who are overpaid</a>.  To be fair, the <i>context</i> is that he's mocking reporters for focusing on the <a href="http://www.bloomberg.com/news/2012-02-28/jpmorgan-chief-dimon-assails-pay-practices-at-newspapers-in-bank-s-defense.html" target="_blank">compensation ratio</a> statistic that some have brought up in questioning how much banks pay their employees, by noting that the same ratio -- which he rightfully calls a "stupid ratio" -- doesn't necessarily look good for the newspaper industry either.  Of course, most journalists just buzz right by that context and point out how ridiculous it looks for Dimon to complain about how much journalists make, coming from where he's sitting:
<blockquote><i>
<p><a href="http://www.businessweek.com/news/2012-01-21/jpmorgan-chase-trims-chief-jamie-dimon-s-stock-payout-for-2011.html" target="_hplink">Dimon himself took home roughly $23 million</a> in 2011, about the same as the year before, according to Bloomberg. Compare that to newspaper reporters, <a href="http://www.bls.gov/oes/current/oes273022.htm" target="_hplink">who earn an average salary of $43,780</a> according to the Bureau of Labor Statistics, or between <a href="http://www.payscale.com/research/US/Job=News_Reporter/Salary" target="_hplink">$20,000 and $60,000</a> per year according to Payscale. </p>

<p>For fun, let's just compare a bit more. The <a href="http://www.glassdoor.com/Salary/New-York-Times-Journalist-Reporter-Salaries-E960_DAO.htm?filter.jobTitleExact=Journalist%2FReporter" target="_hplink">average reporter at <em>The New York Times</em></a> earns about $93,000 per year, according to Glassdoor.com. <a href="http://www.nytimes.com/2012/02/03/business/media/quarterly-profit-falls-12-2-at-times-co.html" target="_hplink">The New York Times Company reported an operating profit</a> of $56.7 million in 2011.</p>

<p>Dimon's salary not only dwarfs that of us media-folk; he's also making millions more than most of his employees. <a href="http://www.bloomberg.com/news/2012-02-28/jpmorgan-chief-dimon-assails-pay-practices-at-newspapers-in-bank-s-defense.html" target="_hplink">The average JPMorgan employee</a> made $341,552 last year, according to Bloomberg News.</p>
</i></blockquote>
The key point, here, is really that if you're trying to convince the press to <i>stop</i> focusing on stories about reasonable employee pay, you probably <i>should not</i> then directly state that <i>their</i> pay is "just damned outrageous," while then defending bank employee payments by saying, "We are going to pay competitively.... We need top talent, you cannot run this business on second-rate talent."   The implication that the press gets from that -- perhaps on purpose -- is that the media shouldn't pay competitively, doesn't need top talent, and can run its business on second-rate talent.  Some might argue that's already the case... but it's unlikely to get those "second-rate" reporters to drop the issue...<br /><br /><a href="http://www.techdirt.com/articles/20120229/00575817909/big-bank-ceo-who-makes-23-million-says-press-should-stop-focusing-bank-compensation-because-reporters-are-overpaid.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120229/00575817909/big-bank-ceo-who-makes-23-million-says-press-should-stop-focusing-bank-compensation-because-reporters-are-overpaid.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120229/00575817909/big-bank-ceo-who-makes-23-million-says-press-should-stop-focusing-bank-compensation-because-reporters-are-overpaid.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>i'm-rubber-you're-glue</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120229/00575817909</wfw:commentRss>
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<pubDate>Wed, 8 Jun 2011 22:03:00 PDT</pubDate>
<title>Judge: Not Having The Best Security Not Illegal; Defrauded Company Can't Blame Bank</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110607/21493214603/judge-not-having-best-security-not-illegal-defrauded-company-cant-blame-bank.shtml</link>
<guid>http://www.techdirt.com/articles/20110607/21493214603/judge-not-having-best-security-not-illegal-defrauded-company-cant-blame-bank.shtml</guid>
<description><![CDATA[ An interesting ruling coming out of Maine.  A judge has sided with a bank, in a case in which a company tried to blame its bank for not having better security, after it was hit by a trojan horse password stealer on one of its computers and subsequently had scammers transfer about $600k out of its account.  The judge agreed that the bank did not have particularly <i>good</i> security, but also noted <a href="http://www.wired.com/threatlevel/2011/06/bank-ach-theft/" target="_blank">that there is no legal requirement that the bank have the absolutely best security</a>.  This is definitely the right decision, even if some may have a gut reaction the other way.  To some extent, the company has to take some responsibility for its own actions, and on the flip-side, one would hope that market pressures would drive the banks to implement better security.  For example, in this case, the bank itself -- Ocean Bank -- is getting a ton of bad publicity about its really poor security due to this lawsuit.  So, even if it's won the lawsuit, that hardly means the bank comes out of it unscathed.<br /><br /><a href="http://www.techdirt.com/articles/20110607/21493214603/judge-not-having-best-security-not-illegal-defrauded-company-cant-blame-bank.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110607/21493214603/judge-not-having-best-security-not-illegal-defrauded-company-cant-blame-bank.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110607/21493214603/judge-not-having-best-security-not-illegal-defrauded-company-cant-blame-bank.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>required-security?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110607/21493214603</wfw:commentRss>
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<pubDate>Tue, 19 Apr 2011 13:42:24 PDT</pubDate>
<title>Banks Can't Figure Out How To Spell Gadhafi, So They Can't Freeze His Assets</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110419/12065013963/banks-cant-figure-out-how-to-spell-gadhafi-so-they-cant-freeze-his-assets.shtml</link>
<guid>http://www.techdirt.com/articles/20110419/12065013963/banks-cant-figure-out-how-to-spell-gadhafi-so-they-cant-freeze-his-assets.shtml</guid>
<description><![CDATA[ The new <a href="http://howtodoeverything.org/" target="_blank"><i>How to do Everything</i></a> podcast recently took on the question of <a href="http://www.npr.org/blogs/waitwait/2011/03/01/134163629/where-the-gadhafi-spelling-comes-from" target="_blank">just how do you spell the current Libyan leader's name in English</a>?  Qadaffi?  Khadafi? Gadaffy?  It turns out that the "official" answer is Gadhafi, which is used by the AP and NPR -- and part of the reason why is that's how the man himself signed a letter he wrote to a second-grade class back in 1986 in response to their letters to him.
<br /><br />
That's great for the press... but it leaves some others in a lurch.  Apparently banks and other financial institutions are <a href="http://online.wsj.com/article/SB10001424052748704004004576270931677317512.html?mod=wsj_share_twitter" target="_blank">scrambling to figure out how to freeze assets of Gadhafi and others</a> because they're not sure what names the accounts are really under.
<blockquote><i>
Compounding things, for individuals with Arabic names, sanctions lists provide only a few alternate spellings. The U.S. Treasury Department offers 12 possible spellings for Moammar Gadhafi, though language experts say there are more than 100 for the family name alone.
<br /><br />
Unlike other so-called script languages such as Chinese or Japanese, Arabic has no transliteration standards. Pronunciation of the same names varies by place, and written Arabic contains few vowels, opening the door to a larger range of acceptable translations. Mohamed can also be transliterated as Mahmut, Mehmud or dozens of other variants.
<br /><br />
Banks allow clients to transliterate their names as they see fit when they open new accounts. When a government publishes a new watch list, the banks' software uses so-called fuzzy logic to search for alternative spellings, similar to how Google suggests alternative phrases when it detects a possible typo in a search. 
</i></blockquote>
Of course, all that assumes that they're opening accounts under their own names anyway...  I would assume that many have hidden accounts under corporation names or front men or simply fictitious individuals, and you would think that those would be more significant... and much harder to track down.<br /><br /><a href="http://www.techdirt.com/articles/20110419/12065013963/banks-cant-figure-out-how-to-spell-gadhafi-so-they-cant-freeze-his-assets.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110419/12065013963/banks-cant-figure-out-how-to-spell-gadhafi-so-they-cant-freeze-his-assets.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110419/12065013963/banks-cant-figure-out-how-to-spell-gadhafi-so-they-cant-freeze-his-assets.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well-that's-an-issue</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110419/12065013963</wfw:commentRss>
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<item>
<pubDate>Wed, 29 Dec 2010 14:02:30 PST</pubDate>
<title>BofA Tries To Foreclose On Home Despite Not A Single Missed Payment</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101229/02501412446/bofa-tries-to-foreclose-home-despite-not-single-missed-payment.shtml</link>
<guid>http://www.techdirt.com/articles/20101229/02501412446/bofa-tries-to-foreclose-home-despite-not-single-missed-payment.shtml</guid>
<description><![CDATA[ Perhaps rather than worrying so much about <a href="http://www.techdirt.com/articles/20101220/00285712334/bank-america----thought-to-be-wikileaks-next-target----suddenly-tries-to-block-payments-to-wikileaks.shtml">Wikileaks</a>, or <a href="http://domainnamewire.com/2010/12/20/bank-of-america-wants-you-to-know-its-executives-dont-suck/" target="_blank">buying up hundreds of domain names</a> involving various combinations of their top executives along with "sucks" or "blows," Bank of America should get its actual banking house in order.  Consumerist has the story of how Bank of America <a href="http://consumerist.com/2010/12/bank-of-america-tries-to-foreclose-on-couple-that-has-never-missed-a-payment.html" target="_blank">tried to foreclose on a couple's home despite the fact that they'd never missed a payment</a> (and the foreclosure was targeted for Christmas Eve, no less).  The CT Watchdog site <a href="http://ctwatchdog.com/2010/12/24/bank-of-americas-christmas-present-foreclose-even-though-not-a-payment-missed" target="_blank">has all the ridiculous details</a>, which get more and more ridiculous as you read through them.
<br><br>
The short(ish) version is this: the couple applied to refinance their home mortgage, as many people have done recently thanks to low mortgage rates.  The plan was to use the refi to pay for some home improvements and to consolidate their debt by paying off whatever other debt they had.  They asked the BofA rep they were working with for "the cheapest option," and the BofA rep simply put them into a program used for <i>loan modifications</i> -- specially developed for people who are behind on their mortgages, even though this couple was not.  When they received the paperwork for this, they decided not to go with this program, because it had additional escrow costs and home insurance payments they didn't want -- so they instead decided they wanted a conventional mortgage.
<br><br>
What they didn't realize, was that as soon as the BofA rep put them into that particular "Making Home Affordable program," (even without the couple signing the documents) BofA immediately sent out a notification (without telling the couple) to the credit bureaus indicating that the couple wanted a loan modification due to financial difficulties.  Almost immediately, all of their creditors freaked out: they dropped their credit limit on credit cards, had other creditors close their account, and had other debt automatically shifted to the highest possible interest rate category.  Of course, this also killed any possibility of doing the refi, since their credit score no longer would allow a refi.
<br><br>
After many, many complaints to BofA, the bank apologized (in writing) and promised to remove the couple from being listed in the program and correct the credit report, but the couple was on their own in getting others to know about it.  Except this foreclosure notice came months <b>after</b> BofA apologized and promised to fix things (which it hasn't fully done yet).  The couple has been calling BofA to ask why and everyone they speak to notes that they've never missed a payment at all, but that the account is flagged as "under review."  No one can explain why the foreclosure was set in motion.
<br><br>
Yes, this is a situation where BofA didn't just screw up, but after finally admitting its original error and promising to fix it, it has made an even bigger and more egregious error.
<br><br>
<b>The TL:DR version</b>: BofA screwed up and ruined a couple's (previously fine) credit rating, destroyed their plans for a mortgage refinance, and then after apologizing and promising to fix everything, decided to foreclose on the couple's house despite the fact that they'd never been late on a single payment.
<br><br>
Not surprisingly, the couple is now planning to sue BofA.<br /><br /><a href="http://www.techdirt.com/articles/20101229/02501412446/bofa-tries-to-foreclose-home-despite-not-single-missed-payment.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101229/02501412446/bofa-tries-to-foreclose-home-despite-not-single-missed-payment.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101229/02501412446/bofa-tries-to-foreclose-home-despite-not-single-missed-payment.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>merry-christmas</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101229/02501412446</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 28 Dec 2010 04:25:57 PST</pubDate>
<title>Shouldn't We Fix The Check Clearing Loophole That So Many Scammers Abuse?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101226/23370012415/shouldnt-we-fix-check-clearing-loophole-that-so-many-scammers-abuse.shtml</link>
<guid>http://www.techdirt.com/articles/20101226/23370012415/shouldnt-we-fix-check-clearing-loophole-that-so-many-scammers-abuse.shtml</guid>
<description><![CDATA[ <a href="http://idle.slashdot.org/story/10/12/19/2358235/Nigerian-Email-Scam-Victim-Sues-Bank-Loses-Appeal?from=twitter" target="_blank">Slashdot</a> points us to a recent story about a guy who <a href="http://www.rhlaw.com/blog/californialitigationattorney/nigerian-scam-victim-sues-bank-loses-in-california-appellate-court-in-riverside/" target="_blank">lost his lawsuit against a bank</a>, over a variation on a classic Nigerian email scam.  The scam is one we've discussed many times in the past: somehow the victim gets a big check, which they're expected to deposit in a bank.  After the check "clears," the victim/recipient is supposed to transfer a large chunk of that money to the scammer, on the belief that they get to keep whatever is left over.  What really happens is a few days <i>after</i> the check "clears," the bank finds out it's fraudulent, and tries to void the transaction.  But, by then, the victim has already transferred out a big chunk of money (and the scammer has already taken all that cash out of the bank and disappeared) -- leaving the victim footing the bill, with the bank expecting them to come up with the missing cash.  In this case, the scam took on all the familiar facets of this scam:
<blockquote><i>
In March 2009, Brian Peters received an email from someone purporting to be a citizen of Malaysia. The e-mail informed Peters that certain third parties in the United States and Canada owed the purported Malaysian money, but that "they can not transfer the funds to any bank account outside America continent due to their new company policy [sic]." He asked Peters to "assist me in receiving the funds and forward to me." He offered to pay Peters 12 percent of the money. Peters agreed after apparently negotiating an increase of his fee to 15 percent.
<br /><br />
Peters deposited the $808,988.90 in checks received from the purported Malaysian at Chino Commercial Bank. After the bank notified Peters that the checks had cleared, Peters wire transferred $468,000 to Hong Kong. Shortly thereafter, the checks were dishonored after the bank detected that they had been altered. Since Peters was personally liable for any overdrafts on the account, which had only a few thousand dollars, the bank sought to attach property owned by Peters to collect on the overdraft. The trial court granted the bank&rsquo;s motion to attach against Peters in the amount of $458,782.60.
</i></blockquote>
This certainly isn't the first such lawsuit.  We wrote about a <a href="http://www.techdirt.com/articles/20090127/0159093545.shtml">similar case</a> two years ago, which involved some scammers tricking a law firm (who really should have known better).  The reason this scam works over and over and over again is pretty simple: most people have no idea that when a check "clears," it's not actually been validated.  This is apparently due to various laws that require banks to make money from checks available within a very short period of time.  So the way banks deal with this is to just make the money available, and if they later find out that the check was fraudulent, they pull back the money.  But, of course, most people don't know this and assume (somewhat reasonably) that if a check "clears" and the money is listed as "available," the bank has made sure the check is legitimate.  This is a somewhat unintended consequence of laws to make paying by check work better, but it leads to a huge opening for these types of scams.
<br /><br />
So if they need to do that, shouldn't it make sense for banks to at least put forth pretty clear warnings on money that has not <i>really</i> been validated yet?  Or to at least proactively warn anyone seeking to withdraw money that hasn't really been validated that if the check fails to validate, they may be liable?  It seems like there must be better ways to deal with this kind of scam than to just let the scammers keep taking advantage of this knowledge gap.<br /><br /><a href="http://www.techdirt.com/articles/20101226/23370012415/shouldnt-we-fix-check-clearing-loophole-that-so-many-scammers-abuse.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101226/23370012415/shouldnt-we-fix-check-clearing-loophole-that-so-many-scammers-abuse.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101226/23370012415/shouldnt-we-fix-check-clearing-loophole-that-so-many-scammers-abuse.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>simple-questions</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101226/23370012415</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 27 Dec 2010 09:37:18 PST</pubDate>
<title>Financial Industry Favors Security Through Obscurity; Demands Cambridge Censor Paper Detailing Weaknesses</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101225/23212712406/financial-industry-favors-security-through-obscurity-demands-cambridge-censor-paper-detailing-weaknesses.shtml</link>
<guid>http://www.techdirt.com/articles/20101225/23212712406/financial-industry-favors-security-through-obscurity-demands-cambridge-censor-paper-detailing-weaknesses.shtml</guid>
<description><![CDATA[ The chip and PIN system that is used for financial transactions throughout large parts of Europe and Canada (still surprised that it hasn't really come to the US...) has numerous vulnerabilities that have been <a href="http://www.techdirt.com/articles/20070206/100312.shtml">detailed</a> over the years.  In the past year alone, there have been a number of problems and weaknesses highlighted with the system.  Apparently, the financial industry isn't happy about this, but rather than fixing the problems it's reacting in the usual way: going after the messenger.  <a href="http://yro.slashdot.org/story/10/12/25/142234/UK-Banks-Attempt-To-Censor-Academic-Publication?from=twitter" target="_blank">Slashdot</a> points us to the news that the UK Cards Association -- a trade group representing banks and credit card companies -- has <a href="http://www.lightbluetouchpaper.org/2010/12/25/a-merry-christmas-to-all-bankers/" target="_blank">asked Cambridge researchers to remove a thesis</a> which highlights some of the vulnerabilities.  
<br /><br />
You can see the demand letter embedded below, but it's fairly amusing.  The letter claims that the publication (which you can read about on the author's (Omar Choudary)  <a href="http://www.cl.cam.ac.uk/~osc22/scd/" target="_blank">website</a>, where he describes a device for intercepting, monitoring and modifying such data) "oversteps the boundaries of what constitutes responsible disclosure."  In other words, they're not happy about it, so Cambridge should force the student to shut up.  Of course, what's amusing is that after chiding Cambridge University for such irresponsible publishing, the Association then tries to downplay the significance of the whole thing anyway:
<blockquote><i>
Fortunately, the type of attack described in the research is difficult to undertake and is unlikely to carry a sufficient risk-reward ratio to interest genuine fraudsters.  And, in the unlikely event that such an attack were to take place in the UK marketplace, the banking industry's fraud prevention systems would be able to detect when such an attack had happened.
</i></blockquote>
So why take it down?
<blockquote><i>
Nevertheless, publication of such details could encourage nuisance attacks on the payment card systems, undermine public confidence in them and/or give organised crime access to material they might be able to develop further.
</i></blockquote>
This, of course, is the very definition of an organization that thinks security through obscurity works.  The thing is, if these students figured out these problems, it's pretty damn likely that organized crime <i>already</i> had figured out the same thing and probably have already developed the idea much further.  Pretending otherwise is simply naive.
<br /><br />
The UK Cards Association then goes on to lecture Cambridge University on its standards of what should be considered publishable, and worries about "future research."  The response from Ross Anderson at Cambridge (linked above) is pretty straightforward, basically saying, yes, you absolutely should be worried about it:
<blockquote><i>
The bankers also fret that "future research, which may potentially be more damaging, may also be published in this level of detail". Indeed. Omar is one of my coauthors on a new Chip-and-PIN paper that's been accepted for <a href="http://ifca.ai/fc11/program.html">Financial Cryptography 2011</a>. So here is our Christmas present to the bankers: it means you all have to come to this <a href="http://cs.unc.edu/%7Efabian/fc11/Financial_Crypto_2011.html">conference</a> to hear what we have to say!
</i></blockquote>
A note to the financial industry: perhaps instead of worrying about student papers, you should worry about a system that is vulnerable to so many problems.<br /><br /><a href="http://www.techdirt.com/articles/20101225/23212712406/financial-industry-favors-security-through-obscurity-demands-cambridge-censor-paper-detailing-weaknesses.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101225/23212712406/financial-industry-favors-security-through-obscurity-demands-cambridge-censor-paper-detailing-weaknesses.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101225/23212712406/financial-industry-favors-security-through-obscurity-demands-cambridge-censor-paper-detailing-weaknesses.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that'll-work</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101225/23212712406</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 11 Sep 2009 18:26:13 PDT</pubDate>
<title>Is It Identity Theft Or A Bank Robbery, Part II: Couple Sues Bank Over Money Taken</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090910/0331426151.shtml</link>
<guid>http://www.techdirt.com/articles/20090910/0331426151.shtml</guid>
<description><![CDATA[ Last month, we posted an amusing discussion (and comedy act) concerning whether or not "identify theft" was really a crime, or if it was really a <a href="http://www.techdirt.com/articles/20090818/1500525914.shtml">bank robbery</a> where the bank was passing off the liability for its poor authentication system onto the bank customer.  Apparently, just such an argument is already playing out in the courts.  <a href="http://www.signalaspect.com" target="_blank">Steven Hoy</a> alerts us to a story of a couple who are <a href="http://www.finextra.com/fullstory.asp?id=20454" target="_new">suing their bank</a>, after someone masquerading as them accessed their account and transferred $26,000 to Austria.  The <a href="http://www.digitalmedialawyerblog.com/2009/09/shamesyeakel_v_citizens_financ.html" target="_blank">details of the case</a> are a bit complex, but basically, the couple claims that the bank did not live up to basic standards in authentication, and cite the Federal Financial Institutions Examination Council's claim that notes that "single-factor authentication is inadequate and calls on banks to implement two-factor systems."  Thus, the argument goes, the fault was the bank's security, and thus, the bank should be liable.  The judge found that to be convincing:
<blockquote><i>
"In light of Citizens' apparent delay in complying with FFIEC security standards, a reasonable finder of fact could conclude that the bank breached its duty to protect Plaintiffs' account against fraudulent access.... If this duty not to disclose customer information is to have any weight in the age of online banking, then banks must certainly employ sufficient security measures to protect their customers' online accounts."
</i></blockquote>
Chalk one up for those who believe "identity theft" is actually a "bank robbery."<br /><br /><a href="http://www.techdirt.com/articles/20090910/0331426151.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090910/0331426151.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090910/0331426151.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>i've-still-got-my-identity</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090910/0331426151</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 31 Aug 2009 21:21:00 PDT</pubDate>
<title>The Good And Bad Of Banks Too Big To Fail Getting Bigger...</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090831/0150166049.shtml</link>
<guid>http://www.techdirt.com/articles/20090831/0150166049.shtml</guid>
<description><![CDATA[ Ever since the whole financial crisis began, and the concept of "too big to fail" became a common phrase, I've been wondering why the US gov't didn't set up a simple provision in any bailout procedure: if you are too big to fail, and because of that need a gov't bailout, then a part of that bailout means you need to <a href="http://www.techdirt.com/articles/20081208/0353473054.shtml">become small enough to fail</a>.  I think it's a perfectly reasonable suggestion that has been pretty much totally ignored.
<br /><br />
So, when news came out that the biggest banks, the ones deemed "too big to fail," are <a href="http://consumerist.com/5348562/banks-once-too-big-to-fail-now-even-bigger-after-meltdown" target="_new">now getting even bigger</a>, you might think that I'd view that as a bad sign.  And... partly, I do.  But not for the reasons you might expect.  The issue of "too big to fail" isn't the bottom line size of the bank, it was about how interconnected it was in the rest of the economy, and how any ripple effects of a failure would damage (significantly) other parts of the economy.  But, since the government has done pretty much next to <i>nothing</i> to actually deal with that sort of systematic risk (and, no, putting in place a "systematic risk" manager, as we keep hearing, isn't going to fix the problem), it should come as no surprise that these banks still have such risks.
<br /><br />
But, the fact that, by themselves, these banks are growing isn't a bad sign.  <i>Given</i> what the government has done, it's actually a good sign.  You should be a lot more upset if, after the government gave these banks so much money, they went out and lost it all.  Instead, many of them have at least put it to good use (and some have returned money to the government at decent interest rates -- though, the amount returned still is a blip compared to the amount at risk).
<br /><br />
The real issue isn't the size of the banks, but how interconnected they are.  But little to nothing has been done to take on that problem -- which is a bad thing.  However, given that, it's at least a decent sign that these banks we've given so much money to are actually doing better these days.<br /><br /><a href="http://www.techdirt.com/articles/20090831/0150166049.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090831/0150166049.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090831/0150166049.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-all-bad,-but...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090831/0150166049</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 7 Apr 2009 10:10:00 PDT</pubDate>
<title>The Contrarian Banker Who Avoided Bad Loans... And Is Now Buying Up The Scraps</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090405/1746494394.shtml</link>
<guid>http://www.techdirt.com/articles/20090405/1746494394.shtml</guid>
<description><![CDATA[ While we've wondered why those who made such bad bets on Wall Street are <a href="http://www.techdirt.com/articles/20090329/2207174296.shtml">getting bailed out</a> and even relied upon to save the economy, Forbes has found one of the guys who knew better: Andy Beal.  A banker in Texas who basically <a href="http://www.forbes.com/2009/04/03/banking-andy-beal-business-wall-street-beal.html" target="_new">stopped taking on any new loans</a> for years as he thought things were going out of control.  In fact, he barely worked at all -- stopping by just a few hours a day, playing board games with his staff, and even laying off about half of his employees.  He did this while waiting for the market to collapse, knowing that things were way out of control.  In return, he got investigated by regulators, who couldn't understand why he wasn't joining in the fun.
<br /><br />
Of course, now that things have collapsed, he's buying up distressed assets for pennies on the dollar, and wants to buy more, planning to become a huge bank.  Oh, and all that government money that's supposed to help those private companies who are buying up these assets?  He doesn't qualify for most of it (no more than a token amount that's not even worth taking).  Instead, it's really designed for the folks who screwed things up in the first place.  This guy -- who actually saw what was going on, and prepared for it, now has to compete against those who screwed up and are being handed billions by the government.<br /><br /><a href="http://www.techdirt.com/articles/20090405/1746494394.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090405/1746494394.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090405/1746494394.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>no-gov't-money-needed</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090405/1746494394</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 13 Nov 2008 13:33:00 PST</pubDate>
<title>Instead Of Bailing Out Broken Banks, Why Not Build New Banks?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20081113/0213132821.shtml</link>
<guid>http://www.techdirt.com/articles/20081113/0213132821.shtml</guid>
<description><![CDATA[ Plenty of people are pretty angry about the financial bailout, where it often looks like taxpayers are effectively handing over money to banks who screwed up big time by betting excessively on high risk investments, and borrowing a ton of money in the process.  However, the argument from the other side (which does make sense) is that the "alternative" could be the collapse of the global financial system, and that would have such far reaching impacts that it's not at all desirable.  But, that assumes the only options are to either bailout the banks or to let them fail entirely.  Some are trying to come up with other options.  Salman Khan and David Leinweber have come out with a suggestion that instead of bailing out banks, the government should take the $700 billion and use it to <a href="http://radar.oreilly.com/2008/11/new-american-bank-initiative-r.html" target="_new">fund an entirely new financial sector</a>.  Then, as the screwed up banks fail, these new banks can take over their discarded assets.
<br /><br />
This certainly has some appeal.  The idea is that you wouldn't be rewarding shareholders in the original banks and also wouldn't be allowing the entire capital engine to seize -- and, on the flip side, you also might be rewarding the shareholders of the new banks (the American taxpayer).  However, there's also tremendous risk in doing this.  In effect, it's something like building a new airplane from within a troubled airplane that's flying at 40,000 feet, getting it to fly from the air, and then moving people from the troubled airplane to the new one.  There's an awful lot that can go wrong.  Also, in doing this in such a rapid fashion, when it's still not entirely clear what all the root causes of this crisis are, you run the risk of simply transferring the core problems to these new banks (basically taking the problems from the first airplane to the second, if we continue the analogy).  Then you end up spending $700 billion to basically create a <i>new</i> set of troubled banks that are even more confusing, because they were put together in a rush.  So, while it's an interesting idea, it seems like it would present some significant problems as well.<br /><br /><a href="http://www.techdirt.com/articles/20081113/0213132821.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20081113/0213132821.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20081113/0213132821.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>thinking-out-of-the-box</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20081113/0213132821</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 22 Oct 2008 14:58:00 PDT</pubDate>
<title>Liquidity vs. Solvency In The Financial Crisis</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20081021/1952542613.shtml</link>
<guid>http://www.techdirt.com/articles/20081021/1952542613.shtml</guid>
<description><![CDATA[ There's been a fair amount of interest in my last few posts on <a href="http://www.techdirt.com/articles/20080929/0426042403.shtml">the financial crisis</a> and <a href="http://www.insightcommunity.com/">The Insight Community</a> has been providing some great analysis on how the financial crisis is impacting small businesses.  You can see some of the initial input over on <a href="http://blogs.openforum.com/category/economy/">American Express's OpenForum blog</a>, as they're sponsoring that discussion.  Some good posts to check out are Dennis Howlett's <a href="http://blogs.openforum.com/2008/10/10/some-quick-tips-for-small-businesses-in-this-financial-crisis/">quick tips for small businesses</a> and Zack Miller's <a href="http://blogs.openforum.com/2008/10/15/its-time-for-some-black-swan-contingency-planning/">concept of "black swan" contingency planning</a> for small businesses.  We'll definitely have more on the small business front coming up, but I wanted to go back to what's going on with the banks.
<br /><br />
After my initial post, I got an email suggesting that I put too much emphasis on the <i>liquidity</i> problem, and not enough on the <i>insolvency</i> problem.  There's been something of an ongoing discussion on this point on various websites, and even the Wall Street Journal got into the act a few days ago, talking to Milton Friedman's co-author on <i>A Monetary History of the United States</i>, Anna Schwartz, <a href="http://online.wsj.com/article/SB122428279231046053.html" target="_new">who makes the point that the problem absolutely is an insolvency issue</a>, while it appears that much of the federal bailout is focused on dealing with a liquidity problem.
<br /><br />
So, what's the difference?  In simple terms (and, yes, I'm sure the super finance types may quibble over the specifics, but this should get the broad strokes correct), liquidity problems occur when an entity owes money but doesn't have readily available cash to pay off those debts.  They may have other assets, and generally speaking, if they're facing a liquidity problem, they're likely to try to sell off those assets, potentially below cost, just to get the money they need to pay off their debts.  Say, for example, you owe $100 for your car loan each month, but don't have the cash to make the payment.  You might try to sell something else you own to get that cash, and if you're desperate enough, you may even sell something for less than it's worth, just to get the cash and avoid defaulting.
<br /><br />
But much of the problem in the financial world over the past few weeks hasn't been a lack of <i>liquidity</i> but an unwillingness to lend.  That is, the banks have a ton of cash on hand, but they're afraid to give it out to anyone, because they don't know if whoever they lend it to will still exist when it comes time to repay.  So, instead of lending it out, they're dumping it into the safest of safe investment vehicles: US gov't treasury bonds, even though they pay almost no interest.  As the good folks on <a href="http://www.npr.org/blogs/money/">Planet Money</a> note, treasuries are about the equivalent of stuffing the money into your mattress.  You won't lose the money, but you won't make any interest either.
<br /><br />
Basically, many of the banks have liquidity (cash), but are so afraid that the others they lend to are <i>insolvent</i> (unable to pay back loans) that they won't loan.  That's why you may have heard more and more people talking about the (until recently) obscure <a href="http://en.wikipedia.org/wiki/TED_spread">"TED spread,"</a> which basically represents the difference between the interest rate at which banks are lending to each other (the LIBOR -- or London InterBank Offered Rate) and the interest rate on US treasuries.  It's a quick measure to determine how secure banks feel about lending to each other vs. putting money in the proverbial mattress.  In normal times, this is pretty small, because lending short term money out to other banks is considered pretty damn safe -- almost as safe as lending to the US government.  So, it's usually well below 1%.  Over the past few weeks, it's been sitting above 4%, on many days -- which basically means that banks are simply sitting on their cash because they don't trust other banks <i>at all</i>.  This week, it finally started dropping, representing at least some easing of concern (though it's still pretty high).
<br /><br />
So, as you can see, there's plenty of <i>money</i> in many of these banks, suggesting that they're not so worried about liquidity, but the solvency of everyone else they deal with.  Of course, the two things overlap a bit.  A bank that doesn't have liquidity may then be considered insolvent as well.  On the good side, it looks like the federal government is finally recognizing the difference between liquidity and solvency and is trying to deal with the solvency issue by effectively agreeing to <a href="http://www.npr.org/templates/story/story.php?storyId=95927855" target="_new">buy up commercial paper from money market funds</a>.  Basically, the issue here is that the commercial paper market has been standing still.  As we described in our earlier post, this is the short-term lending that goes on between companies all the time, and is important for <i>their</i> liquidity.  But with the money market managers afraid of insolvency, they're unwilling to lend money out, if there's not enough evidence they'll get it back.  So, now, the government is basically saying, "go ahead and lend it out, and we'll make sure that it gets paid back."  That could present a huge risk in terms of pushing the market to do bad loans and stick them to the US government, but as a short-term measure it can certainly help in kick-starting the market.  Unfortunately, there are already some <a href="http://www.npr.org/blogs/money/2008/10/the_fed_confuses_everyone.html#more">complaints</a> that the rules are way too confusing.
<br /><br />
That said the real problems touch on both liquidity and solvency, so the real solution needs to deal with both.  If we don't deal with the worries over solvency, then we'll have a much bigger liquidity problem across the economy.  Because the banks are afraid to lend money out, lots of companies are unable to then get the money they need for daily operations -- and then they become insolvent, creating a disastrous domino effect.  Those with money are afraid to lend it, because they're afraid they won't get it back -- and their unwillingness to lend is making it so that others really <i>can't</i> meet their obligations.  So, while there's some argument about solvency vs. liquidity, a solvency problem at one part of the chain can create a liquidity problem elsewhere, which in turn leads to solvency problems.  This is why it is rather important to get those with money to get it moving again, or it very much is like an engine running out of oil.  Just dumping money into the market can help somewhat, but until recently, it was mostly going to banks who already had cash, but weren't lending it.
<br /><br />
So, what's it all mean?  Well, as of today (and these things are changing pretty quickly), the past few weeks showed that no one was lending to anyone as they all seemed to fear that the folks on the other side wouldn't be around or able to give the money back within the next three months or so.  That created a pretty significant risk of limited cash flow problems.  The initial moves by the gov't with the bailout didn't seem to do much to deal with that problem, but its more recent moves suggest it now recognizes the real issue and will do what's necessary to fix it.  My fear, at this point, is that in typical government fashion, it turns the spigot too far, leading to a situation where, in order to force liquidity into the rest of the market, we end up encouraging and paying for bad loans.
<br /><br />
Needless to say, this is still a pretty complex situation, and while it looks like we may have (so far) avoided the worst case scenario, there's reason to be afraid that in all the knob spinning the Fed is doing, we're going to end up overshooting in both directions at points, and that can be just as dangerous in simply delaying inevitable pain.<br /><br /><a href="http://www.techdirt.com/articles/20081021/1952542613.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20081021/1952542613.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20081021/1952542613.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>jumpstarting-the-economy</slash:department>
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<pubDate>Thu, 17 Jul 2008 08:14:00 PDT</pubDate>
<title>Disgruntled Tech In Liechtenstein Steals Banking Info On Tax Cheats; Turns It In For Rewards</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080716/0225551698.shtml</link>
<guid>http://www.techdirt.com/articles/20080716/0225551698.shtml</guid>
<description><![CDATA[ Forget the disgruntled tech holding the city of San Francisco <a href="http://www.techdirt.com/articles/20080715/1138381689.shtml">hostage</a>.  An even more interesting story of a disgruntled tech is coming out of the tiny European country of Lichtenstein.  Apparently (who knew?) Lichtenstein is a favorite destination for money of rich folks looking to avoid taxes.  It's banking system is apparently quite secretive... except, of course, in the hands of a disgruntled computer tech.  It appears that just such a tech, named Heinrich Kieber walked off with tons of data from Liechtenstein LGT Group, a bank owned by Lichtenstein's ruling family.  He then <a href="http://consumerist.com/tag/tax-cheaters/?i=5025519&#038;t=disgruntled-computer-technician-outs-super rich-tax-cheaters-to-the-irs" target="_new">sold that data to a variety of countries to help those countries find and arrest tax cheats</a>.  This turned out to be quite lucrative for Kieber.  For example, the US offers such "whistle blowers" 30% of whatever tax money they recover.  Germany apparently <a href="http://www.panamalaw.org/lichtenstein_bank_secrecy_scandal.html">paid him</a> somewhere between $6 million and $7.3 million for the info.  The guy's lawyer insists he's a whistleblower -- while those exposed have a different word (or words) they think of when discussing Kieber.<br /><br /><a href="http://www.techdirt.com/articles/20080716/0225551698.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080716/0225551698.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080716/0225551698.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>good-or-bad?</slash:department>
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<pubDate>Tue, 2 Oct 2007 18:23:56 PDT</pubDate>
<title>Why Should Banks Be Responsible For Stopping Internet Gambling?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20071002/010449.shtml</link>
<guid>http://www.techdirt.com/articles/20071002/010449.shtml</guid>
<description><![CDATA[ As the federal government continues its quixotic quest to stamp out online gambling for no clear reason (other than, you know, to <a href="http://www.techdirt.com/articles/20061002/124356.shtml">protect</a> our ports), it's now putting the <a href="http://uk.reuters.com/article/UK_SMALLCAPSRPT/idUKN0143096420071001">responsibility on banks to block online gambling</a>.  Why banks?  That's not entirely clear, but banks may now be responsible for making sure that individuals can't transfer money to various online gambling operations.  All this for an activity that <a href="http://www.techdirt.com/articles/20070919/121249.shtml">doesn't</a> appear to create any additional problem gamblers.  There are those who say it's all because the federal government wants to tax online casinos, but that doesn't ring true either -- since they're shutting them down rather than taxing them.  Many online casinos would love to be taxed if they could legally do business in the US.  Instead, it seems to just be that some politicians claim not to like online gambling for moral reasons -- though they were careful to carve out exceptions for wholesome online gambling like horse races and state lotteries.<br /><br /><a href="http://www.techdirt.com/articles/20071002/010449.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20071002/010449.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20071002/010449.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>always-looking-for-the-easy-way-out</slash:department>
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<pubDate>Mon, 23 Jul 2007 10:05:53 PDT</pubDate>
<title>More Banks Set To Establish Their Own Stock Exchanges</title>
<dc:creator>Joseph Weisenthal</dc:creator>
<link>http://www.techdirt.com/articles/20070723/084827.shtml</link>
<guid>http://www.techdirt.com/articles/20070723/084827.shtml</guid>
<description><![CDATA[ Last week, private equity firm Apollo Management announced that it would sell shares of itself on a <a href="http://www.techdirt.com/articles/20070717/075622.shtml">private stock exchange run by Goldman Sachs</a>.  Because the exchange is closed to most investors, companies listing on it don't have to comply with various government regulations, which they would if they were to list on, say, the New York Stock Exchange.  Considering all of the headaches associated with being a public company these days, this option may look increasingly appealing for companies looking for an alternative way to raise money and give its owners liquidity. It's not surprising, then, that many of the big name investment banks, including Citigroup, JP Morgan, Lehman Brothers, and Morgan Stanley are all rushing to build out their own private, <a href="http://dealbook.blogs.nytimes.com/2007/07/23/banks-to-create-new-trading-platform-for-private-shares/">electronic stock exchanges</a>.  The question, however, is whether or not these various exchanges will be compatible or whether they'll be islands, with little inter-exchange trading.  If they're the former, then a robust alternative market could flourish.  If it's the latter, then the appeal to both traders and companies is likely to be limited.<br /><br /><a href="http://www.techdirt.com/articles/20070723/084827.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20070723/084827.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20070723/084827.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>privately-public</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20070723/084827</wfw:commentRss>
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<pubDate>Mon, 16 Jul 2007 02:42:00 PDT</pubDate>
<title>If You Own An ATM, You Probably Want To Change The Default Password</title>
<dc:creator>Carlo Longino</dc:creator>
<link>http://www.techdirt.com/articles/20070712/174744.shtml</link>
<guid>http://www.techdirt.com/articles/20070712/174744.shtml</guid>
<description><![CDATA[ Nearly two years ago, we posted a story about how easy it was to find the user manuals for certain automatic teller machines online, and then use the default passwords listed in them <a href="http://www.techdirt.com/articles/20060920/194130.shtml">to reprogram the machines</a> so they'd give out $20 bills when they thought they were giving out $5s or $1s. The fix for this was easy -- change the default passcode -- but apparently it wasn't hard to find machines whose owners' hadn't changed them. Somehow, it really isn't too surprising to find out that, despite the publicity, some ATM owners <a href="http://blog.wired.com/27bstroke6/2007/07/atm-reprogrammi.html">still haven't bothered</a> to change them, and are getting hit by the same scam. The owner of the machine in question this time, at a market in Pennsylvania, says that he was never told he needed to change the master passcode from "123456", and says it's not his job to know the technical ins and outs of the ATM he owns (despite, of course, owning it and the money inside); the ATM's manufacturer disagrees. As is the case with most things, there's probably enough blame to go around here. So, to the ATM company: it might be a good idea to reinforce the need for owners to change their machines' passwords. And ATM owners: change the default passwords.<br /><br /><a href="http://www.techdirt.com/articles/20070712/174744.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20070712/174744.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20070712/174744.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>123456-really-isn't-very-secure</slash:department>
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