Does postal system open every envelope to see if there is cash inside sent as an illegitimate payment to someone? Because it's easier to do it online should not be the base for justifying it.
Would you be happy if your email provider scanned all your emails using ML systems to detect illegal activity? For some reason we value the privacy of our communication more than other types of transactions.
That's about the business implications, not about moral ones as the comment I replied to was asking about. Completely different argument.
You're thinking about this as if the question is simply about whether or not payment processors should have the job of examining every individual payment. There's a potential discussion to be had there, but that's the only dimension of the topic, and one of the things we're talking about entire classes of activity.
If prospective clients like "Assassination Central" or "Doordash Blowjobs Inc" approach you as a payment processor, you might have some idea of what's going to happen. And in general payment processors have both an incentive and regulatory obligations to understand what kind of business they're facilitating, not to mention whatever individual inclinations they might have.
When it comes to something like Venmo, I'm not really sure how to handle that. I suspect invasivity isn't the only issue, it's also probably practically difficult to police effectively, but at the same time, if there were means by which reasonable correlations could be made, it's not clear to me that there's no activity whatsoever for which there's a case for flagging, however controversial which cases meet that criteria might be.
Should it be illegal to start a vegan payment processing company that won't allow butchers to be paid through them? If so, then why should it be illegal?
And there are also cases in which you can clearly know something is illegal. Someone purchasing guns in a country where guns are not legal doesn't need a judge, jury, and court process for a payment processor to decide they don't want to be involved. It's not arbitrary. And your right to make purchases using a credit card is not a basic human right.
In reality I don’t think there is any chance of a law requiring payment processors to process all legal transactions and definitely nothing about illegal transactions. If that were a possibility, I would back off my statement that they should be forced to process illegal transactions.
how do you know with 100% certainty/due process that this is indeed the case and it's not just your ML algorithm going crazy?
people can also pay with physical money if they desire to do so.
it shouldn't be my decision whether i want to allow the transaction, even if i wouldn't want to allow it. i'm not in a position to perform due legal process to determine whether you're indeed being paid for a hit job.
the provider should be in a neutral position.
The problem you're trying solve is caused by lack of competition and near monopoly players. The fix isn't to force those businesses to ignore ethics. The fix is hugely increasing the competition.
you should pass the transaction, as you should be in a neutral position.
edit: to clarify, payment providers/processors nowadays are a core utility function in our society. imo this is not something you can consider a regular private business.
would you like to no longer receive water or electricity at your home because your utility companies don't like you, despite (being willing to) paying the bills like any other citizen?
You actually think that there are certain situations where it is OK to force basic utilities to transact with everyone.
You just disagree where exactly the line is. But at the end of the day, yes you also agree that some companies should be forced to engage in certain transactions.
I wasn't really expecting you to engage with the point in any way. It is so rare that people do.
The fact remains that you now admit that yes you want to force certain businesses, specifically utilities, to sell to people, and this contradicts your previous statement.
You even did one of the most effective forms of non engagement, where you say "you can have the last word" thereby making it so either your statement remains unchallenged, or making it seem like you "win" because I responded, which is what you told me to do.
> non engagement
I didn't say I'd never speak to you again lol. Just that this topic is over because you can't seem to discuss it in a way that doesn't include personal attacks. Not interested in that style of debate in the least.
No, it's not. It's literally the facts on the ground.
Additionally, it's telling that you used the term "unethical" rather than "unlawful". Whether or not a credit card works should have nothing to do with someone's arbitrary ethics.
It's literally not. Your claim is that I suspect the local butcher sells meat rather than knowing that they sell meat. If my vegan friend doesn't want to do their accounting, that should be within his basic human freedoms. He's not the only accountant in town and the butcher will surely find an accountant who enjoys eating meat.
> Whether or not a credit card works should have nothing to do with someone's arbitrary ethics.
It shouldn't be illegal for someone to start a vegan credit card that only allows purchases at businesses that don't kill animals. More choice is better and you want to make all payment processors follow a one-size-fits-all rule. That's the opposite of the direction we should be pursuing.
The real problem is the near monopoly control of the handful of payment processing giants that currently exist. Fix that problem and increase the competition and offer more choice and you no longer needs to force payment processors to be neutral. Forced neutrality in the end means the government decides. Which makes sense in a handful of cases, but not when markets can do a better job.
If you “know” the money is for a hit job, you contact the FBI or local police and they can mobilize protective services and arrest forces.
Of course you contact the police in the situation I described. Do you accept the payment though or do you refuse the transaction? You keep avoiding a specific yes or no question.
There is a massive difference between "unethical business" and "illegal business". As banks provide critical infrastructure, they should absolutely not be allowed to refuse business they consider "unethical", just like a power company should not be allowed to cut someone off because they think they are behaving "unethically".
As to "illegal business", the simple fact is that the bank doesn't know enough to make a meaningful distinction. It is simply impossible for a bank to know for a fact what a payment is for. They only know the source account, the destination account, the payment value, and a user-provided description. That's just not enough data to make a decent judgement. Plenty of jokers out there who will label their rent transaction as "extortion payment", after all.
Sure, if they have reasonable suspicion they should forward the information to the police, but they should not be allowed to block it unless given a court order.
Banks do know enough to price in risk. And there is your problem. They must be allowed to price in risk and if they are allowed to do that they can effectively deny business by making the price too high.
PayPal isn't a bank but does payments. The real problem is there aren't enough alternatives like that. The solution to banks having so much power is to give them more competition.
Another possible solution to banks having so much power is to regulate them more. I know a lot of libertarian types don't like that answer, but it is a valid answer.
It means you have far more choices in who to give your business to. For example, in a big city you can eat at thousands of restaurants. Or cook at home. However, I cannot choose from thousands of payment processors. With more payment processors competing for my business, I would get a better product and more choice.
> Another possible solution to banks having so much power is to regulate them more. I know a lot of libertarian types don't like that answer, but it is a valid answer.
I'm firmly not libertarian. Not even close. But I don't like to pull out the regulation stick until we see that more competition and a functioning market can't solve the problem. Since these transactions are now all digital, the potential for highly functioning markets has barely been explored.
Can you explain the massive difference? For example, easy access to guns is legal in a handful of countries and illegal in most countries. Where it's legal to easily obtain guns but also illegal to buy alcohol on a Sunday, what does that imply in terms of ethics?
> As banks provide critical infrastructure,
There is no physical limitation - like a local electricity generator - that requires this "infrastructure" to be dominated by a few huge companies.
> the simple fact is that the bank doesn't know enough to make a meaningful distinction. It is simply impossible for a bank to know for a fact what a payment is for.
That's wrong. The bank reasonably knows what I'm buying from Porn Hub or the local butcher. Even if they don't know exactly what I'm buying, they do know how the local butcher generates the bulk of its profits.
What you're suggesting is that it be illegal to start a vegan credit card - only works at businesses where they don't harm animals. What we need instead is more choice, not less choice. Break up the near monopoly and reintroduce competition and you fix the actual problem - which is that a handful of payment processors can collude against a business or industry.
However I find the argument you're posing apparently in favor of allowing a business like Visa to decline transactions on ethical grounds to be missing some important rigor. It's honestly kind of boring to argue about very clear-cut and extreme example like a credit card payment that is clearly for a contract killing. That's not where the meat of the issue lies.
If you'd like to make the argument that a business like Visa should decline transactions based on the ethics (as opposed to legal & financial risk, which appears to be how they do it now) of that transaction, then I think you need to come out of the gate with a bit more rigor. Here are the questions that immediately come to mind for me:
1. Can we agree that the rules applied to a multinational corporation with billions in income utilized by hundreds of millions of people on a daily basis to exchange legal currency for goods and services should be different than the rules governing the bakery down the street?
2. If yes, then within the context of multinational financial corporations, what is "ethical"?
3. Who decides what that definition is for a multinational financial corporation?
4. Is that definition industry-wide or specific to a corporation?
5. Is a corporation expected to hold to a consistent definition of "ethical"? If they are, how is that enforced?
6. If a corporation is not required to hold to a consistent definition of "ethical", how is this different from "for any reason or no reason at all"?
7. If an individual's small business is deemed "unethical" by a monopoly or near-monopoly, such that it is impossible _in practical terms_ for the business to exist based on an extralegal decision by a multinational financial institution, should there be any recourse for that individual? What would that be? Over what timeline could it be reasonably accomplished?
8. Remaining firmly in the context of applying your above answers to multinational financial corporations: how do your answers create a net boon for society? Who is likely to benefit from your policies? Is there any apparent harm from your policies? Is that harm a net boon for society? How and why?
Without some thought put towards these questions, or ones like them, your (apparent, there's not a lot to go on here) proposal of universal ethical freedom for all businesses looks a lot like "unlimited freedom without regard for how that unlimited freedom affects others." Which, if you are seriously putting that argument forward, I'd like to circle back to contract killing and ask what damn right does Visa have to limit one's freedom to run a contract killing business?
But even ignoring ethics, I don't think multinational corporations should be unilaterally deciding on questions of law, either. I don't think they will ever make legal determinations based on any sufficient amount of rigor, either. Sufficient in this case, to me, is "would be the same decision reached by a court of law after engaging in due process". And even if they could theoretically apply that level of rigor, why should we trust an unaccountable multinational corporation with that power?
> I don't think multinational corporations should be unilaterally deciding on questions of law,
They aren't really. Deciding to refuse a payment is not jail time. The business can also accept cash.
Yes. The core of the problem is the near monopoly that the small list of current payment processors have. As an aside, these companies have less global control than someone from the US or Europe might think.
2. If yes, then within the context of multinational financial corporations, what is "ethical"?
A vegan credit card is entirely reasonable. Any ethical stance you want to take is reasonable. As long as you fix the actual monopoly problem.
3. Who decides what that definition is for a multinational financial corporation?
It shouldn't matter if you fix the actual problem.
Etc.
Solving the actual problem instead of the perceived problem very often answers a bunch of doubts all at the same time.
> I'd like to circle back to contract killing and ask what damn right does Visa have to limit one's freedom to run a contract killing business?
The same right that I have to not be a contract killer. If your contract killing business can't find enough suppliers - be that the killers themselves or the payment processor - then that's a problem that no one should be compelled to solve. You don't have a basic human right to run any business you choose and force others to be suppliers to your business.
So it should be illegal to start a vegan payment processor? Breaking up the current near-monopoly and giving you more choice would give the maximum possible freedom to everyone including you.
> unaccountable private corporation with that responsibility.
That's the beauty of a functioning market. With lots of choice the corporation must either be accountable or lose your business. The real problem is that you currently don't have much choice due to a non-existent market with almost no real competition for business.
I'd bet that orders of magnitude more people die because of cancer caused by cigarettes and in episodes of domestic violence or traffic accidents caused by alcohol abuse than the number of people assassinated by hit killers hired online and paid with credit cards.
So at this point we agree (as a society at least) that some businesses should not be allowed to conduct business according to their ethics, but instead must do business with anyone who shows up at their door. At this point it's just a matter of deciding which businesses that rule should apply to. I would argue that payment processors are approaching utility-like levels of essential use in our society, if they aren't there already.
This is due to a physical limitation. Payment processors have no such physical limitation.
> I would argue that payment processors are approaching utility-like levels of essential use in our society,
Correct. And the problem is not that they are utility-like essential. But that they are a near monopoly. There is zero reason for payment processors to be a near monopoly and that's the actual problem that needs fixing.
I never said to attack the ability of someone to function in society. That's a side effect of a near monopoly. The actual problem is that a handful of companies control payment processing so it's easy for them to act together. The fix is more freedom not less freedom: far more companies that process payments and more choice. This allows companies to choose who they do business with and customers to find a payment processor who allows the types of purchases they like to make.
I don't think it's unreasonable for a payment processor to refuse to allow gun purchases. Or that it should be illegal to start a vegan credit card. Likewise it's not unreasonable for a payment processor to accept even very high risk businesses and make that their claim to fame. The fix in this case is to break up the monopoly and reintroduce competition.
As for moral lines you are curious as to what people will and won't cross, those lines will be different for different people, and that's exactly why we shouldn't be putting these sorts of decisions in the hands of random unaccountable corporate employees (or, again, worse, algorithms).
You clearly want someone to say "no, of course I wouldn't allow a transaction to go through if it was for a hitman contract". But what if someone said "I see no problem with contract killings; I'd let it through"? That person could be working at Payments R Us, and clearly we don't want someone making that decision! So take it out of their hands.
The contract killer is of course an extreme example, but we already have real-world examples discussed here that illustrate the problem with this. Pornography is legal, and yet payment processors boot online porn companies from their networks. Someone who thinks pornography is immoral might have made that determination (I don't buy the "high risk of fraud" argument; you can always control for that with higher fees). Regardless of how you personally feel about pornography, do you think it's ok for a company to deny another company access to a big chunk of the financial system for entirely legal activities, just because they don't like them? I would sincerely hope that we can agree that sort of thing is bad.
A vegan credit card that only works at vegan companies should not be illegal.
> to a big chunk of the financial system
Here's the actual problem! We have a handful of giant payment processors that make up a near monopoly. That's the problem you want to fix. More competition and more choices (e.g. vegan credit card) means you'll for sure find a way to pay for your vegan porn.
> That person could be working at Payments R Us
I'm not talking about employees making a decision. I'm talking about the owners of a payment processing company being able to decide on a policy that is applied to all customers.
If not, then you have no place making it. And I would argue that even if you do, you still have no place making it, as unaccountable private corporations should not be given the ability (or requirement) to enforce law.
Certainly we can legally require you to report suspicious transactions to law enforcement, but it should be up to people bound to follow due process to actually do something (or not do something) about it.
I think a reasonable compromise might be to allow payment processors to put a transaction on hold until it's reviewed by law enforcement, but even this has some significant downsides.
What if I want to start a vegan credit card that only allows payments to vegan businesses? You're saying that should be illegal?
The best compromise is to not have a compromise and fix the actual problem instead of trying to fix side effects: make it far easier for companies to enter the payment processing space. With thousands of payment processors you'll very likely be able to find a company that is willing to process your credit card payments for vegan porn.
The real problem is a few huge players with near monopoly control.