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19-10842 Document: 00515936557 Page: 1 Date Filed: 07/13/2021
Case: 19-10842 Document: 00515936557 Page: 1 Date Filed: 07/13/2021 Case No. 19-10842 UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. BRIAN MATTHEW MORTON, Defendant-Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS, FORT WORTH DIVISION IN CASE NO. 19-CR-17-1, THE HONORABLE REED CHARLES O’CONNOR ________________________________________ BRIEF OF AMICI CURIAE ELECTRONIC FRONTIER FOUNDATION, AMERICAN CIVIL LIBERTIES UNION, AND ELECTRONIC PRIVACY INFORMATION CENTER IN SUPPORT OF DEFENDANT-APPELLANT JenniFer Lynch Brett Max KauFman JenniFer Stisa Granick Alan Butler Counsel of Record AMERICAN CIVIL AMERICAN CIVIL Megan Iorio ELECTRONIC FRONTIER LIBERTIES UNION LIBERTIES UNION Melodi Dincer FOUNDATION FOUNDATION FOUNDATION ELECTRONIC PRIVACY 815 Eddy Street 125 Broad Street 39 Drumm Street INFORMATION CENTER San Francisco, CA New York, NY San Francisco, CA 1519 New Hampshire 94109 10004 94111 Avenue NW Tel: (415) 436-9333 Tel: (212) 549-2500 Tel: (415) 373-0758 Washington, DC 20036 Fax: (415) 436-9993 Tel: (202) 483-1140 [email protected] Counsel for Amici Curiae July 13, 2021 Case: 19-10842 Document: 00515936557 Page: 2 Date Filed: 07/13/2021 SUPPLEMENTAL CERTIFICATE OF INTERESTED PERSONS Pursuant to this Court’s Rule 28.2.1, the undersigned counsel oF record For amici curiae certiFy that the Following additional persons and entities have an interest in the outcome oF this case. These representations are made in order that the judges of this court may evaluate possible disqualiFication or recusal. 1. The number and style oF this case are United States v. -
Accelerating Digital Transformation in Banking Global Consumer Survey on Digital Banking, and Analysis on the Value of Bank Branches and Online Banking Channels
Accelerating digital transformation in banking Global consumer survey on digital banking, and analysis on the value of bank branches and online banking channels Accelerating digital transformation in banking Contents Global consumer survey on digital banking Digital engagement is key to optimizing the consumer experience | 2 Satisfaction with banking is relative | 4 The rate of digital adoption is encouraging, though transactional in nature | 7 The digital-emotional connection | 10 Segment characteristics are not uniform by country | 13 More real in digital and digital in real | 15 The case for accelerating digital transformation | 19 Endnotes | 20 The value of bank branches in a digital world Bank branches are still relevant in a digital world | 22 The branch experience influences customer satisfaction more than online or mobile channels | 25 Reimagining branch transformation | 27 Endnotes | 29 The value of online banking channels The value of online banking channels | 30 Endnotes | 32 1 Accelerating digital transformation in banking - Global consumer survey on digital banking Global consumer survey on digital banking Digital engagement is key to optimizing the consumer experience HE BANKING INDUSTRY is in a digital arms The Deloitte Center for Financial Services sur- race. In 2018, banks globally plan to invest veyed 17,100 banking consumers across 17 countries US$9.7 billion to enhance their digital banking in May 2018 to measure the current state of banks’ T 1 capabilities in the front office alone. For many retail digital engagement. We asked respondents how banks, online and mobile channels have become as frequently they use different channels and services, important—if not more important—than branches with an eye on digital transactions. -
The Prospects and Dangers of Algorithmic Credit Scoring in Vietnam: Regulating a Legal Blindspot
No. 2021 - 1 The Prospects and Dangers of Algorithmic Credit Scoring in Vietnam: Regulating a Legal Blindspot Nicolas Lainez ISEAS - Yusof Ishak Institute Email: [email protected] January 2021 Abstract Artificial intelligence (AI) and big data are transforming the credit market in Vietnam. Lenders increasingly use ‘algorithmic credit scoring’ to assess borrowers’ creditworthiness or likelihood and willingness to repay loan. This technology gleans non-traditional data from smartphones and analyses them through machine learning algorithms. Algorithmic credit scoring promises greater efficiency, accuracy, cost-effectiveness, and speed in predicting risk compared to traditional credit scoring systems that are based on economic data and human discretion. These technological gains are expected to foster financial inclusion, enter untapped credit markets, and deliver credit to ‘at-risk’ and financially excluded borrowers. However, this technology also raises public concerns about opacity, unfair discrimination, and threats to individual privacy and autonomy. In Vietnam, the lending industry deploys this technology at scale but in legal limbo. Regulation is vital to delivering big data and AI promises in the financial services market while ensuring fairness and public interest. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- JEL Classification: G21, G28, G51 Keywords: Algorithmic Credit -
Digital Identity in Banking What Ceos Need to Know About Best Practices and Future Directions
Digital Identity In Banking What CEOs Need to Know About Best Practices and Future Directions RON SHEVLIN Director of Research Cornerstone Advisors TABLE OF CONTENTS 1 Digital Identity: A Challenge As Old As The Internet 3 Technology Developments In Digital Identity Management 7 Five Forces Shaping Digital Identity Management 15 Best Practices In Digital Identity Management For Today 17 Conclusion 19 About Cornerstone Advisors 19 Avoka (now Temenos) 20 Endnotes © 2018 Cornerstone Advisors. All rights reserved. Reproduction of this report by any means is strictly prohibited without written permission. DIGITAL IDENTITY: A CHALLENGE AS OLD AS THE INTERNET Although the topic of digital identity gets daily attention today in 2018, it’s hardly a new topic. In 1993, The New Yorker published what has become one of the most—if not the most—iconic cartoons about the Internet (Figure 1). In it, one dog says to another, “On the Internet, nobody knows you’re a dog.” Twenty-five years ago, many people saw the ability FIGURE 1: New Yorker Cartoon on Digital Identity to remain anonymous as a feature of the Internet, not a liability. Despite a quarter century of techno- logical advances that include e-commerce, social media, and the smartphone: “There is still no easy way to prove online that you are not a dog, are over 18, live at a certain address, graduated from a certain school, work at a specific company, or own a specific asset. These kinds of assertions about ourselves are difficult to trust because they are nearly impossible to verify.” 1 Source: The New Yorker WHY IS DIGITAL IDENTITY STILL A PROBLEM? If we’ve seen 25 years of technological advances, then why is digital identity still a problem? Three reasons: 1) There are no standardized formats for digital credentials; 2) There are no standardized methods to verify the source and integrity of digital credentials; and 3) The technological advances that have occurred over the past 25 years have exasperated the problem—not alleviated it. -
Digital Banking Agreement
Electronic Consent Disclosure and Digital Banking Service Agreement This Agreement is the contract which covers your and our rights and responsibilities concerning digital banking (“online banking” and “mobile banking”), the Bill Payment Service (“BillPay”), and other digital banking services offered to you by Family Trust Federal Credit Union ("Credit Union"). The digital banking service permits you to electronically initiate account transactions and bill payments involving your accounts and communicate with the Credit Union. In this Agreement, the words "you" and "yours" mean those who request and use the digital banking and BillPay services, any joint owners of accounts accessed under this Agreement or any authorized users of this service. The words “we,” “us,” and “our” mean the Credit Union. The word "account" means any one or more share accounts you have with the Credit Union. “Digital banking” means any online electronic account service offered by the credit union. By submitting the authorization for the digital banking service, or by accepting or using the Username and/or Password to make any digital banking transaction, you agree to the following terms governing your and our rights and responsibilities concerning online electronic funds transfer services. Electronic funds transfers ("EFTs") are electronically initiated transactions through digital banking services involving your deposit accounts. In addition to the terms herein, you acknowledge the receipt and incorporation herein of the terms of your Membership Agreement with the Credit Union, which shall also govern our relationship with you. To the extent that the terms of a specific provision in this Agreement vary from the terms set form in the Membership Agreement, the specific terms and condition of this Agreement will govern our relationship with you with regard to the services specifically described herein. -
Digital Bank? It Takes Serving Today’S Digital Customers and Creating a Digital Workplace
Point of View What does it take to become a Digital Bank? It takes serving today’s digital customers and creating a digital workplace. The banking industry has reached an inflection point. New competitors have entered the market, as both traditional financial services companies and nontraditional players are making disruptive moves with new banking models. Customers have welcomed this broad range of new options, such as mobile and virtual banking, as they seek greater choice in how, when, where and with whom they bank. As competition intensifies, retail and commercial banks expect their profitability to be threatened. But a decline in profitability is not inevitable. Banks can avert it by embracing digital opportunities and capabilities that enable more efficient operations as well as more agile responses to competitor moves, market changes and customer needs. Point of View What does it take to become a Digital Bank? The New Banking Reality Banks have long been rewarded for a steady, conservative approach that does not change over time and does not chase the latest trends. Today, that approach is a hindrance rather than an asset. It’s no exaggeration to say that digital technology poses a greater threat to banks than to any other industry. Simply put, sticking with the traditional way of doing business is no longer an option for banks. To respond to the new reality, banks must become far more relevant in the daily lives of their customers than they have been in the past. They can achieve this relevance by providing richer and more engaging customer experiences and by creating internal operations in which a bank’s workforce uses digital to work more efficiently and productively. -
Banking After COVID-19: Remaking Customer Journeys
Banking after COVID-19: Remaking Customer Journeys Nirvikar Singh Distinguished Professor of Economics University of California, Santa Cruz January 2021 FANPLAYR WHITEPAPER Banking after COVID-19: Remaking Customer Journeys Nirvikar Singh Distinguished Professor of Economics University of California, Santa Cruz January 2021 1. Introduction In the context of the digital age, financial services have some paradoxical properties. All financial records and transactions can potentially be digitized. But at the same time, dealing with money raises concerns about risk and security, making trust a major factor, and human interaction vital. Before the COVID-19 pandemic, transitions to the digital world were proceeding in a natural way. Younger people were at the forefront of moving to all-digital banking and payments, and many others had shifted some aspects of their financial lives in that direction, particularly routine billing and payments. The pandemic has disturbed this progression. Customer journeys to bank branches are no longer a straightforward option. Websites and phone lines are bearing the brunt of a new variety of customer interactions. Phone calls from customers are subject to delayed responses, as bank employees also struggle to adapt to a different workflow and level of information access. Meanwhile, bank websites are particularly poorly equipped to serve customers hitherto unfamiliar with their features.1 A recent report from McKinsey (Bensley et al., 2020), Remaking banking customer experience in response to coronavirus, brings out many of the challenges facing bank customers and employees. The report highlights the problem for banks, noting that 1 For economy of exposition, we refer to websites when discussing digital access, but the points made should be taken as carrying over to mobile apps as well. -
Digital Banking Service Agreement And
Digital Banking Services Agreement and Disclosure 1. Terms of Agreement This Digital Banking Services Agreement and Disclosure (the "Agreement") applies to the electronic services made available to you in Coastal Federal Credit Union’s Digital Banking system and are described in section 6 of this Agreement. This Agreement is provided to you in accordance with the requirements of federal and state law. You should read this Agreement carefully to understand how the Digital Banking Services work, as well as your rights and obligations if you enroll in and use Coastal Federal Credit Union’s Digital Banking Services. By using the Digital Banking Services you acknowledge that you have received and understand the terms of this Agreement and agree to the terms and conditions of this Agreement and of all of the agreements that also govern your account with us. The Digital Banking Services are also subject to federal law and, to the extent not preempted by federal law, the law of the state of North Carolina ("Applicable Law"). In this Agreement, "we", "us" and "our" mean the Coastal Federal Credit Union; and "you" and "your" means each person, or, if applicable, the entity who is an owner, signer, or has unrestricted withdrawal rights of a deposit account or, as applicable, a borrower under a credit account, and each person that uses the Digital Banking Services with your permission. When your Digital Banking Services are linked to one or more joint accounts, we may act on the oral, written or electronic instructions of any authorized signer regarding your service for those accounts. -
Information Security and Data Protection in the Cloud
INFORMATION SECURITY AND DATA PROTECTION IN THE CLOUD Compliance through automation in secure infrastructures Authors Nicolas Freitag Markus Frik Dr Waldemar Grudzien Nadine Hofmann Author team Christian Böhning Philipp Gampe Calvin Klee Ronny Raschkowan April 2021 White Paper copyright © CORE SE 1 Introduction It is not a matter of whether a cloud is used but rather when. After all, if a com- In-house hardware is no longer an pany decides to do without cloud technology, it basically renounces the huge excuse for forgoing the advantages advantages of the cloud and, hence, its own competitive position. These of the cloud advantages are reflected in the following five aspects: scalability, innovative potential, service quality, industrial software development and cost savings. It is true to say that cost savings alone do not justify migration to cloud. If a company has its IT and application landscape fully under control, it cannot be said that migration to cloud simply for reasons of saving costs will result in any further benefits. Otherwise, reducing costs could be motivation for migrating to the cloud. The success of the cloud can easily be seen by the 17% annual rise in global turnover (top left-hand side of Figure 1). At the same time as the growth in hyperscalers (term used for large pro- viders of practically infinitely scalable cloud infrastructure), which go beyond the three standard supply models – Infrastructure-as-a-Service (IaaS), Plat- form-as-a-Service (PaaS) and Software-as-a-Service (SaaS) and provide entire ecosystems of tools, the regulatory requirements with regards to data security and data protection for information processing are also increasing. -
9 Steps to Protect Against Ransomware
9 Steps to ProtectUsers/Devices Against Ransomware Home Security Dashboard Security Dashboard IT Support Analyst Task Overview Devices Vulnerability Scan With Vulnerabilities In Last 30 Days Security Manager Critical Security Dashboard 40 Devices 95 Not Scanned Self Service Important/High 85 Estimated Not Scanned 90 Devices 31 Scanned So ware Catalog Moderate/Medium 15% Launchpad 90 Devices Asset Manager NA 140 Devices So ware Asset Hardware Asset Inventory Scan Most detected Critical/High Vulnerables In Last 30 Days In Last 30 Days Sign Out MS15-080_MSU 70 Devices 169 Not Scanned 42 Scanned MS15-084_MSU White Paper 70 Devices 20% MS15-049_INTL 50 Devices MS15-049_INTL 50 Devices Contents Introduction . 1 Prevention . .. 2 1. Patch the critical operating systems and applications .................................2 2. Ensure that antivirus software is up-to-date and that regular scans are scheduled .......3 3. Manage the use of privileged accounts ..............................................4 4. Implement access control that focuses on the data ...................................4 5. Define, implement, and enforce software rules .......................................6 6. Disable macros from Microsoft Office files ...........................................6 Other considerations . 6 7. Implement applications whitelisting ................................................7 8. Restrict users to virtualized or containerized environments ............................7 9. Back up critical files frequently .....................................................7 Ransomware incidents are on the rise . Fight back! . 8 References . 8 This document contains the confidential information and/or proprietary property of Ivanti Software, Inc. and its affiliates (referred to collectively as “Ivanti”), and may not be disclosed or copied without prior written consent of Ivanti. Ivanti retains the right to make changes to this document or related product specifications and descriptions, at any time, without notice. -
Trojans and Malware on the Internet an Update
Attitude Adjustment: Trojans and Malware on the Internet An Update Sarah Gordon and David Chess IBM Thomas J. Watson Research Center Yorktown Heights, NY Abstract This paper continues our examination of Trojan horses on the Internet; their prevalence, technical structure and impact. It explores the type and scope of threats encountered on the Internet - throughout history until today. It examines user attitudes and considers ways in which those attitudes can actively affect your organization’s vulnerability to Trojanizations of various types. It discusses the status of hostile active content on the Internet, including threats from Java and ActiveX, and re-examines the impact of these types of threats to Internet users in the real world. Observations related to the role of the antivirus industry in solving the problem are considered. Throughout the paper, technical and policy based strategies for minimizing the risk of damage from various types of Trojan horses on the Internet are presented This paper represents an update and summary of our research from Where There's Smoke There's Mirrors: The Truth About Trojan Horses on the Internet, presented at the Eighth International Virus Bulletin Conference in Munich Germany, October 1998, and Attitude Adjustment: Trojans and Malware on the Internet, presented at the European Institute for Computer Antivirus Research in Aalborg, Denmark, March 1999. Significant portions of those works are included here in original form. Descriptors: fidonet, internet, password stealing trojan, trojanized system, trojanized application, user behavior, java, activex, security policy, trojan horse, computer virus Attitude Adjustment: Trojans and Malware on the Internet Trojans On the Internet… Ever since the city of Troy was sacked by way of the apparently innocuous but ultimately deadly Trojan horse, the term has been used to talk about something that appears to be beneficial, but which hides an attack within. -
Breaking Antivirus Software Joxean Koret, COSEINC 44CON, 2014
Breaking Antivirus Software Joxean Koret, COSEINC 44CON, 2014 Breaking antivirus software Introduction Attacking antivirus engines Finding vulnerabilities Exploiting antivirus engines Antivirus vulnerabilities Conclusions Recommendations Antivirus Engines Common features of AV engines: Written in C/C++. Signatures based engine + heuristics. On-access scanners. Command line/GUI on-demand scanners. Support for compressed file archives. Support for packers. Support for miscellaneous file formats. Advanced common features: Packet filters and firewalls. Drivers to protect the product, anti-rootkits, etc... Anti-exploiting toolkits. Antivirus products or engines An antivirus engine is just the core, the kernel, of an antivirus product. Some antivirus engines are used by multiple products. For example, BitDefender is the most widely used antivirus kernel. It's used by so many products like QiHoo360, G-Data, eScan, F-Secure, etc... Most “big” antivirus companies have their own engine but not all. And some companies, like F-Secure, integrate 3rd party engines in their products. In general, during this talk I will refer to AV engines, to the kernels, except when specified the word “product”. Attack surface Fact: installing an application in your computer makes you a bit more vulnerable. You just increased your attack surface. If the application is local: your local attack surface increased. If the application is remote: your remote attack surface increased. If your application runs with the highest privileges, installs kernel drivers, a packet filter and tries to handle anything your computer may do... Your attack surface dramatically increased. Myths and reality Antivirus propaganda: “We make your computer safer with no performance penalty!” “We protect against unknown zero day attacks!”.