Banks Are Closing Customer Accounts, with Little Explanation
nytimes.com
nytimes.com
> The SARs are largely kept under wraps. Customer service representatives might not know if such a report was filed (or anything about its contents), which may be why it can be hard for them to explain account closures to customers. “It is held to a high level of confidentiality, and it is a crime to disclose that a SAR has been filed,” Ms. Cohen Levin of Sullivan & Cromwell said.
Unfortunately if you or a transaction of yours "looks suspicious" or show up on any of the various AML/anti-terror lists/filters - which are full of false positives and nonsense - BY LAW we cant tell you why your account was closed. It sucks, people are rightfully angry. It doesn't seem worth it to me - if you are actually doing BadThings and your account gets closed, i'm sure you know why. Being opaque is really not providing much benefit to law enforcement here, at the cost of massive inconvenience for many.
Now, banks are also guilty of hiding behind these laws for non-mandatory account closure reasons - when they have internally decided they dont want you as a customer for whatever reason. That also sucks IMHO. Perhaps changing the law would remove the plausible deniability in these situations and lead to more transparency.
I would be amazed if they aren't punishing a lot more innocents than guilty, though. These days the government loves to do an end-run around the 5th amendment--innocent until proven guilty should apply to all government or government-directed actions (I consider the bank closing your account because you did something the government considers suspicious to be a government action), but we have been using it for toilet paper for quite a while now.
> It doesn't seem worth it to me - if you are actually doing BadThings and your account gets closed, i'm sure you know why.
Hiding the reason is such a woefully small inconvenience for actually bad actors. But the 95% of regular folk that get caught up in it can go to hell I guess?
In reality its coercive, an intolerable act, and the last time we saw these things was 1767-1776.
Its beyond stupid, but the people doing these things have incentives to do them.
Here's an interesting related article. https://archive.is/HuXGQ
Here some similar case:
- AI tool flagged parents with disabilities: https://apnews.com/article/child-protective-services-algorithms-artificial-intelligence-disability-02469a9ad3ed3e9a31ddae68838bc76e
- https://www.theguardian.com/technology/2022/aug/07/ai-eu-moves-to-beat-the-algorithms-that-ruin-lives
- https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/automated-decision-making-and-profiling/what-does-the-uk-gdpr-say-about-automated-decision-making-and-profiling
- U.S. warns of discrimination in using AI to screen job candidates : NPR / https://www.npr.org/2022/05/12/1098601458/artificial-intelligence-job-discrimination-disabilities
- Finding it hard to get a new job? Robot recruiters might be to blame | Work & careers |/ https://www.theguardian.com/us-news/2022/may/11/artitifical-intelligence-job-applications-screen-robot-recruiters
- https://www.vice.com/en/article/jgq35d/how-a-discriminatory-algorithm-wrongly-accused-thousands-of-families-of-fraud
- Handling Discriminatory Biases in Data for Machine Learning - by Matthew Stewart, PhD (it shows how to make ML algorithms fair) / https://towardsdatascience.com/machine-learning-and-discrimination-2ed1a8b01038