[comp.dcom.telecom] Fraudulent Coin Calls

dhepner@hpcuhc.cup.hp.com (Dan Hepner) (10/09/90)

[The Moderator writes]

>It still does not lessen the illegality of it, nor for MCI.
>You cannot take a group of people, based on their ethnic origin, for
>example Chinese or Egyptian people -- and who, after all, would be the
>most likely users of international calls to those countries? -- and
>say or imply to them "you cannot be trusted to make a call to your
>home country on credit; you are likely to defraud us."

Why not, assuming one had the evidence in hand that a particular call
attempt was probably fraudulent?  This seems to have little to do with
ethnic origin and much more to do with a systematic analysis of actual
fraud.  Given the very low actual marginal cost to the phone company
of allowing one fraudulent call, it seems hard to believe that any
carrier would dissallow entire classes of calls unless presented with
evidence showing genuinely massive fraud.

I'm puzzled by the Moderator's strong stance on this issue; does he
have reason to believe that there really isn't massive fraud?  Does he 
suggest that massive fraud must be tolerated (and paid for by you 
know who) to protect some "presumption of innocence"?  Does he actually 
believe that MCI or AT&T really don't want the money of certain ethnics?


Dan Hepner
dhepner@hpda.hp.com


[Moderator's Note: In lots of other ways, 'presumption of innocence'
is a very important and desirable attitude, regardless of cost. Why do
the telcos get to be an exception?  Yes, there are problems with
fraud, but there are protective techniques in place. A call 24 hours
per day to AT&T at 800-222-0300 will put an immediate stop to charging
on a stolen card. I've done it when my card was stolen. The hot PIN
goes on a negative list in the computer and presto: no more charges
allowed to that number and PIN. How does VISA, American Express or
Diner's deal with a stolen card? How do banks deal with stolen ATM
cards?  Even if you did have massive evidence of fraud from a certain
group -- and the Nigerian credit card ring working here in Chicago
last year was a good example of this -- the federal law in the United
States regards credit opportunities is plain: you deal with *single
individuals* and their credit-worthieness, not with groups of people.
And personally, no I do not think the people of any one country are
more likely to commit fraud than another country. Even the 'Nigerian
problem' here a year ago did not indict all Nigerians. Visa, Diner's
and American Express cannot turn down citizens of China, Israel or
India as a class; AT&T / MCI should not be allowed to do it either.  PAT]

jhultman@beethoven.helios.nd.edu (10/09/90)

In article <13166@accuvax.nwu.edu> dhepner@hpcuhc.cup.hp.com (Dan
Hepner) writes:

>Why not, assuming one had the evidence in hand that a particular call
>attempt was probably fraudulent?  It seems hard to believe that any
>carrier would dissallow entire classes of calls unless presented with
>evidence showing genuinely massive fraud.
 ^^^^^^^^ 

This may be a stupid question, but has anyone actually *SEEN* any
reports docuenting fraud based on ethnic origin from *ANY* carrier?
Or are the LD companies just claiming that fraud exists, when in
actuality there is some other (equally arbitrary) reason for (dubious
legality) redlining? I think what we might have here is garden-variety
discrimination.

dhepner@hpcuhc.cup.hp.com (Dan Hepner) (10/11/90)

jhultman@beethoven.helios.nd.edu writes:

>This may be a stupid question, but has anyone actually *SEEN* any
>reports docuenting fraud based on ethnic origin from *ANY* carrier?
>Or are the LD companies just claiming that fraud exists, when in
>actuality there is some other (equally arbitrary) reason for (dubious
>legality) redlining? I think what we might have here is garden-variety
>discrimination.

The Moderator's response referred to one actual case, but to believe
that an LD company would arbitrarily redline is to not understand
business.  This is even more emphasized when considering the
inconsequential nature of the loss when low frequency LD fraud is
perpetrated.


Dan Hepner


[Moderator's Note: I assume you knew insurance companies used to
redline entire neighborhoods where they thought the losses would be
too great for them, based on neighborhood conditions. Most credit card
agencies in the early days (circa 1955-70) used to redline in the same
way because they figured with the kind of people living in the
redlined area, there would simply be too many fraud and/or bad debt
write-offs.  The government finally had to stop them from doing it.
Credit is extended to individuals, based on individual circumstances;
it is not extended to neighborhoods, or groups of people of a certain
ethnic origin.   PAT]

chris@com50.c2s.mn.org (Chris Johnson) (10/12/90)

In article <13166@accuvax.nwu.edu> dhepner@hpcuhc.cup.hp.com (Dan
Hepner) writes:
X-Telecom-Digest: Volume 10, Issue 722, Message 8 of 9

>[The Moderator writes]

>>It still does not lessen the illegality of it, nor for MCI.
>>You cannot take a group of people, based on their ethnic origin, for
>>example Chinese or Egyptian people -- and who, after all, would be the
>>most likely users of international calls to those countries? -- and
>>say or imply to them "you cannot be trusted to make a call to your
>>home country on credit; you are likely to defraud us."

>I'm puzzled by the Moderator's strong stance on this issue; does he
>have reason to believe that there really isn't massive fraud?  Does he 
>suggest that massive fraud must be tolerated (and paid for by you 
>know who) to protect some "presumption of innocence"?  Does he actually 
>believe that MCI or AT&T really don't want the money of certain ethnics?

>[Moderator's Note: In lots of other ways, 'presumption of innocence'
>is a very important and desirable attitude, regardless of cost. Why do
>the telcos get to be an exception?  Yes, there are problems with
>fraud, but there are protective techniques in place. A call 24 hours
  ....
>problem' here a year ago did not indict all Nigerians. Visa, Diner's
>and American Express cannot turn down citizens of China, Israel or
>India as a class; AT&T / MCI should not be allowed to do it either.  PAT]

That last is thought provoking to me.  Do we have evidence or proof
that credit card companies do _not_, in fact, blanket turn down
applications from citizens of say Nigeria or Brazil?  And maybe the
situation is somewhat different between VISA and MCI, for example.  In
the former, if someone calls VISA and says a charge is not one they
made, and refuses to pay the bill, chances are if VISA cannot prove
they made the purchase, they will at minimum invalidate the account
due to suspicion of theft.  And the consumer may still have to pay
$50.  But if someone claims hundreds of dollars worth of phone calls
were not theirs, what happens?


   ...Chris Johnson          chris@c2s.mn.org   ..uunet!bungia!com50!chris
 Com Squared Systems, Inc.   St. Paul, MN USA   +1 612 452 9522


[Moderator's Note: The same thing, more or less. The PIN becomes
invalidated, and under some circumstances the card holder has to pay
$50 for not acting as promptly as possible to have the card shut off.
You can call AT&T 24 hours per day to report abused, stolen or lost
calling cards, just like any credit card.  And I think you have the
moral and legal obligation to assist AT&T in preventing fraud on your
account.  PAT]

dhepner@hpcuhc.cup.hp.com (Dan Hepner) (10/12/90)

>Credit is extended to individuals, based on individual circumstances;
>it is not extended to neighborhoods, or groups of people of a certain
>ethnic origin.   PAT]

Imagine you're a merchant offering your own credit, say a jewelry
store.  Now imagine that a particular form of jewelry, say ruby
studded belly button plugs, has one distinction: of 146 ruby studded
belly button plugs sold on credit, 143 turned out to be to people who
had used falsified credentials.  Now you buy RSBBPs for $12.50, and
they retail for $900, and that's why you sold 143 to fraudulent
customers, but by now you're tired of the ripoff.  You advise your
staff: no more credit sales of RSBBPs.

The next thing you know, out there on Usenet, the moderator of
comp.jewelry is griping because he has noticed that the only people
who bought RSBBPs were people with holes in their belly buttons,
people of the "holey belly button ethnic origin".  Discrimination! the
moderator screams.  You cannot conclude that just because 98% of the
previous credit sales of this item were fraudulent that this
individual wishing to buy is likely attempting fraud.  There are
principles involved here!  You must complete the transaction
regardless of your knowledge.  Just pass the costs along to your other
customers who do pay their bills.

Dan Hepner


[Moderator's Note: In your hypothetical example, if 98 percent of the
merchandise sold on credit was lost due to fraud, then the merchant
did a very poor job of screening persons applying for credit. Can you
say Credit Bureau? Do you know what they are used for, and how they
operate? If the merchant handed out his credit cards freely to whoever
asked for them without bothering to check credit references, or verify
the person's address or place of employment, then he should not be
surprised at the fraud he suffers. And despite the fraud he suffers
due to his careless handling of his credit accounts, there are honest
folks who might wish to buy the merchandise and pay for it on
convenient terms. If an honest customer reports that his credit card
has been lost or stolen -- or otherwise compromised -- then if the
merchant makes little or no effort to prevent sales to that account,
he should not be surprised at the losses suffered. 

Unlike the example you gave, where the characteristics of the supposed
buyers of the merchandise are so common that they would apply to almost
every single human being, it is quite unlikely that most Americans
would have any reason or interest in calling a foreign country from a
payphone in an ethnic neighborhood. Most calls to such places would be
from business telephones or at the very least, private residential
telephones. The characteristics of the buyers of international long
distance phone service from pay telephones in certain neighborhoods of
our inner cities are rather specific. The persons involved are most
likely immigrants to the USA from the country involved. If they are in
legal possession of a telephone calling card, they should be permitted
to use it. If they are not in legal possession of the card, then it
should be a simple enough matter to have the network spot the call,
and notify a human being who would in turn arrange to have a police
officer tap on the person's shoulder as they were standing there
making their fraud call. It has happened that way in the past! 

To the extent that telephone calling cards are defined as instruments
of credit, then the rules of the Federal Trade Commission would apply.
The FTC has said by all means vigorously prosecute credit fraud. The
FTC has also said credit grantors may not block entire categories of
people from obtaining credit merely because some creditor-defined
ratio of fraud to legitimate transaction has been exceeded. That,
after all, is what credit bureaus, check verification and similar
services are for: to say who is credit worthy and who is not. Imagine
Amex or Diners saying to an Indian or Korean or Israeli that they are
not going to honor a given credit transaction because "... people from
your country tend to commit fraud a lot...".   If Bob Allen -- who has
written to the Digest before -- or someone from his office wishes to
respond, I'll be privileged to print their letter here.   PAT]  

am299bv%sdcc6@ucsd.edu (Ravinder Bhumbla) (10/15/90)

I hate to add more noise to this topic, but I couldn't stop myself.

In article <13526@accuvax.nwu.edu> by dhepner@hpcuhc.cup.hp.com (Dan
Hepner) the Moderator writes:

>Imagine
>Amex or Diners saying to an Indian or Korean or Israeli that they are
>not going to honor a given credit transaction because "... people from
>your country tend to commit fraud a lot...".   

I don't know if this is relevant, but I have been told that since last
year, CITIBANK has stopped giving VISA credit cards to foreign
nationals.  When I was in Virginia about two years back, my bank,
Dominion Bank had a place for "nationality" in their credit card
application and denied a credit card to all foreign nationals.  As far
as I know, it is NOT illegal to discriminate on the basis of national
origin against people who are not US citizens (I find that
understandable, though not necessarily justifiable).  


Ravinder  Bhumbla	rbhumbla@ucsd.edu	Office Phone: (619)534-7894


[Moderator's Note: Lots of merchants and/or creditors won't extend
credit outside the USA for the simple reason they have little or no
enforcement mechanism. Suit is a cumbersome process when an overseas
solicitor must be employed. To totally exclude all non-USA citizens
who are visiting us from receiving credit is one thing -- to issue
credit to <some> out of country people and not others is illegal. A
creditor can say "I do not issue credit cards outside the USA". He
cannot say "I allow some people visiting here (or in the process of
becoming citizens here) to have credit, but not certain others."
Either no credit outside the USA or credit extended individually to
all applicants on a fair basis, using factual data about the
individual to make the decision.  PAT]

ben@hpcvlx.cv.hp.com (Benjamin Ellsworth) (10/16/90)

> ... To totally exclude all non-USA citizens who are visiting us from
> receiving credit is one thing -- to issue credit to <some> out of
> country people and not others is illegal. ... PAT

If DISCRIMINATION of foreign nationals based on country of origin is
legal (and I believe it is), then *by definition* they may do
precisely that.  You are free to discriminate against anyone you like
on any basis EXCEPT those specifically mentioned by law.  The
protection of these laws, when push comes to shove, is most likely
only extended to citizens of the USA.


Benjamin Ellsworth                                        ben@cv.hp.com
                     All relevant disclaimers apply.

peter@ficc.ferranti.com (peter da silva) (10/17/90)

In article <13600@accuvax.nwu.edu> ben@hpcvlx.cv.hp.com (Benjamin
Ellsworth) writes:

> protection of these laws, when push comes to shove, is most likely
> only extended to citizens of the USA.

One of the remarkable things about that remarkable document, the
Constitution of the United States of America, is that it *does* apply
to non-citizens.


Peter da Silva.   
+1 713 274 5180.  
peter@ferranti.com

carroll@beaver.cs.washington.edu (Jeff Carroll) (10/24/90)

In article <13600@accuvax.nwu.edu> ben@hpcvlx.cv.hp.com (Benjamin
Ellsworth) writes:

>> ... To totally exclude all non-USA citizens who are visiting us from
>> receiving credit is one thing -- to issue credit to <some> out of
>> country people and not others is illegal. ... PAT

>If DISCRIMINATION of foreign nationals based on country of origin is
>legal (and I believe it is), then *by definition* they may do
>precisely that.  You are free to discriminate against anyone you like
>on any basis EXCEPT those specifically mentioned by law.  The
>protection of these laws, when push comes to shove, is most likely
>only extended to citizens of the USA.

	I doubt that this has been tested in court, and I'd bet that
the civil rights law says "discrimination against any person...", not
"discrimination against any citizen of the United States...". I think
it's been demonstrated that this is a gray area in the law.

	Most likely it would come down to whether PAT or AT&T had the
best lawyer :^).

	Followups to soc.lobotomized.lawyers.

	Jeff Carroll
	carroll@atc.boeing.com


[Moderator's Note: Well, they would have the best lawyers, I suppose.
Anyway, I don't like most lawyers, and agree with Bill Shaekespeare's 
suggestion for dealing with them -- at least all except the seven who
have employed me for a few years now. Or else they work for me, I keep
forgetting exactly how we have it arranged.  PAT]