[e-gold-list] Re: Crooks vs. honest people

2001-07-07 Thread Steve Schear

At 12:45 AM 7/6/2001 -0400, you wrote:
Michael Moore wrote:

  this has been an ongoing problem in commerce  and banking and part of
  the answer  (not the right one perhaps) has been to introduce the 'know
  your customer' policy.  Unfortunately this also tends to cut across the
  rights of the individual.  So the problem is where do you draw the line
  between the rights of the individual and the efforts to curb criminal
  activities?

Yes, that is the problem.  Or more to the point how to eliminate any
need
to trade off between the two.

  So far there has not been an effective solution to this problem.  The
  'Authorities' take the stance of suspect everyone and introduce various
  restrictive legislation (hence their 'know your customer' policy) as,
  from their viewpoint, curbing criminal activities is more important
  than civil rights.

IMO, the most important thing for authorities throughout history and in
all places has been to curb civil rights.  The petty activities of their
freelance criminal bretheren are just a convenient excuse.

You gave a good description of the situation.  But we need some new
ideas for solutions.

A solution is to use jurisdictional arbitrage to limit the financial 
exposure of the corporation and criminal exposure of the exchange 
operators.  In the U.S. only corporate officers and those evidencing direct 
control (e.g., signing checks) can be held accountable for the activities 
of the corporation.  All of a U.S. corporation's officers can be foreign 
citizens.  If those citizens are in countries without extradition treaties 
or which refuse extradition for activities which are not criminal in their 
boarders...

steve


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[e-gold-list] Re: Crooks vs. honest people

2001-07-05 Thread Viking Coder

 e-gold because e-gold is unfortunately turning out to be a crook
  magnet.
 
Sad...but true.  I must agree with you.

Crooks are using e-gold for the exact same reason that legitimate user do.
The ability to do world-wide commerce without fear of the transaction
being cancelled. Legitimate users don't want to deal with fraudulent or
boucing payments while crooks don't want to deal with their marks suddenly
getting wise and cancelling payment.

Any payment system, not just electronic ones, that allows non-repudiable
payments will be fraught with scams and crooks until it goes mainstream. A
payment system going mainstream doesn't reduce the number of scams 
crooks using it. It actually dramatically increases the number. What
decreases is the ratio of crooks to legitimate users.

By the time GoldMoney  e-bullion are as widely used as e-gold, they will
have their own share of scams and crooks as well as legitimate users.


Viking Coder

Worth Two Cents?
http://www.two-cents-worth.com/?VikingCoder

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[e-gold-list] Re: Crooks vs. honest people

2001-07-05 Thread jpm

Any payment system, not just electronic ones, that allows non-repudiable
payments will be fraught with scams and crooks until it goes mainstream. A
payment system going mainstream doesn't reduce the number of scams 
crooks using it. It actually dramatically increases the number. What
decreases is the ratio of crooks to legitimate users.

Well said!


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[e-gold-list] Re: Crooks vs. honest people

2001-07-05 Thread Paul Ewing


Any payment system, not just electronic ones, that allows non-repudiable
payments will be fraught with scams and crooks until it goes mainstream. A
payment system going mainstream doesn't reduce the number of scams 
crooks using it. It actually dramatically increases the number. What
decreases is the ratio of crooks to legitimate users.


Just look at bank notes in just about any currency!  Especially US$ 
ones.  How many drug dealers take AMEX?  Though there is a fairly high 
number of greyer businesses like prostitution that do.

Cheers,


Paul Ewing
Shining Moon Creations - Exotic and Fantasy Jewelry
http://www.shiningmoon.com


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[e-gold-list] Re: Crooks vs. honest people

2001-07-05 Thread Craig Spencer

Eric,

  For market makers to try to become thought police does not do this.
 
 Agreed.  Unfortunately, Law Enforcement does not view it this way.  The
 act of completing an exchange for a criminal (even if you do not KNOW it 
 is a criminal) can be used against your business by Law Enforcement.

Yes.  Sigh!  And there is no solution to this except to leave the US and
go
some place with more sense and respect for individual rights (if you can 
find one :( ).

Best,

CCS

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[e-gold-list] Re: Crooks vs. honest people

2001-07-05 Thread Craig Spencer

Viking Coder wrote:

 Crooks are using e-gold for the exact same reason that legitimate user do.
 The ability to do world-wide commerce without fear of the transaction
 being cancelled. Legitimate users don't want to deal with fraudulent or
 boucing payments while crooks don't want to deal with their marks suddenly
 getting wise and cancelling payment.
 
 Any payment system, not just electronic ones, that allows non-repudiable
 payments will be fraught with scams and crooks until it goes mainstream. A
 payment system going mainstream doesn't reduce the number of scams 
 crooks using it. It actually dramatically increases the number. What
 decreases is the ratio of crooks to legitimate users.

Very cogent analysis.  So, in view of this, what can be done to
differentiate 
the crooks from the honest people?  The difficulty arises because both
are
using the system in the same ways for superficially similar purposes. 
The
crooks hide in this ambiguity.  But fundamentally there is a *great* 
difference.  If this difference could be exposed somehow without
violating 
the honest people it would be a great advance.  Some out of the box
thinking
is needed here; something entirely new.

Best,

CCS

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[e-gold-list] Re: Crooks vs. honest people

2001-07-05 Thread Michael Moore


 Very cogent analysis.  So, in view of this, what can be done to
 differentiate 
 the crooks from the honest people?  The difficulty arises because both
 are
 using the system in the same ways for superficially similar 
 purposes. 
 The
 crooks hide in this ambiguity.  But fundamentally there is a 
 *great* 
 difference.  If this difference could be exposed somehow without
 violating 
 the honest people it would be a great advance.  Some out of the box
 thinking
 is needed here; something entirely new.
 
this has been an ongoing problem in commerce  and banking and part of 
the answer  (not the right one perhaps) has been to introduce the 'know 
your customer' policy.  Unfortunately this also tends to cut across the 
rights of the individual.  So the problem is where do you draw the line 
between the rights of the individual and the efforts to curb criminal 
activities?

So far there has not been an effective solution to this problem.  The 
'Authorities' take the stance of suspect everyone and introduce various 
restrictive legislation (hence their 'know your customer' policy) as, 
from their viewpoint, curbing criminal activities is more important 
than civil rights. 

So then we have libetarian groups protesting the curbing of civil 
rights and the authorities saying they must curb criminal activities.
and introducing checks on innocent people in an effort to locate the 
criminal element.  This becomes a further problem in the US in that you 
have the rights of the individual laid down in the constitution but 
introduced restrictive legislation now flying in the face of that.
I am sure some libertarians can supply specifics of such legislation 
and the disparity between that and the constitution.

From  our point of view as market makers, we have two issues;

1)  The satisfaction of our clients with our service and
2)  The protection of our business

A Market Maker has to put in place policies and protective mechanisms 
which satisfy both points above (How they do that is largely up to 
them  but this is something the eCTA will participate in with regard to 
suypport for it's members).  This applies to both out-exchange as well 
as in-exchange.  The Authorities will make no or little distinction and 
a small operator in the finance and business world does not have as 
much influence or sway with the authorities as a larger one.  Compare e-
gold to the Citibank  for example. The reality is that, dispite the 
Citibank being allegedly the recipient of laundered money it would be 
treated somewhat differently than say e-gold in that situation.

The law in the US says, correct me if I am wrong, a person is innocent 
until proven guilty but the practical reality is that, if you are 
scammed, you KNOW it was a criminal even though the act never comes to 
a court of law with the crimminal charged and proven.  

In addition we have the situation where the law in each country is 
different (In France for example, you are considered GUILTY as charged 
and the onus is on you to prove yourself innocent).  So which law is 
used to prosecute?  The law of the country of the residing crimminal or 
the law of the country of the business they scammed?  or international 
law?  A Market Maker would have to be an internatinal lawyer or 
attorney it seems to answer that one.

I am not a globalist but the above does show a good reason for some 
international law over and above that of local countries much as I hate 
to admit it. 

FWIW  I believe that the onus and responsibility for the saftely of the 
business and the clients satisfation comes right down to the Market 
Maker and those that do it right will survive and those that do not 
will go under.



(BTW, Curb is the word for the day if you had not noticed)

Cheers,


[EMAIL PROTECTED]
www.gold-today.com


 -
 Receive faxes 24x7, no second line necessary.
   http://www.mbox.com.au/

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[e-gold-list] Re: Crooks vs. honest people

2001-07-05 Thread Craig Spencer

SnowDog wrote:
 
  Very cogent analysis.  So, in view of this, what can be done to
  differentiate the crooks from the honest people?  The difficulty 
  arises because both are using the system in the same ways for 
  superficially similar purposes.  The crooks hide in this 
  ambiguity.  But fundamentally there is a *great* difference.  If 
  this difference could be exposed somehow without violating
  the honest people it would be a great advance.  Some out of the box
  thinking is needed here; something entirely new.
 
 Crooks don't like to be identified. Therefore: 
 1) They generally won't provide a proper phone number. 
 2) They usually have email addresses assigned by free 'sign-up' services. 
 3) They may not have documentation identifying themselves.
 
 Also, 
 4) They generally want to move as much money as possible as fast as
 possible.

True.  But honest people may well do exactly the same things for
entirely
legitimate reasons.  This does NOT *differentiate* between the two.  So,
altho 
this may frustrate the crooks it also violates honest people.  This is
the
usual, common let's have a police state and damn individual rights
type
proposal; it is not new thinking.  
 
CCS

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[e-gold-list] Re: Crooks vs. honest people

2001-07-05 Thread Craig Spencer

Michael Moore wrote:

 this has been an ongoing problem in commerce  and banking and part of
 the answer  (not the right one perhaps) has been to introduce the 'know
 your customer' policy.  Unfortunately this also tends to cut across the
 rights of the individual.  So the problem is where do you draw the line
 between the rights of the individual and the efforts to curb criminal
 activities?

Yes, that is the problem.  Or more to the point how to eliminate any
need
to trade off between the two.
 
 So far there has not been an effective solution to this problem.  The
 'Authorities' take the stance of suspect everyone and introduce various
 restrictive legislation (hence their 'know your customer' policy) as,
 from their viewpoint, curbing criminal activities is more important
 than civil rights.

IMO, the most important thing for authorities throughout history and in 
all places has been to curb civil rights.  The petty activities of their 
freelance criminal bretheren are just a convenient excuse.
 
You gave a good description of the situation.  But we need some new
ideas for solutions.

CCS

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[e-gold-list] On Crooks vs. honest people

2001-07-05 Thread Julian Morrison

The problem:

a) If you do business with unidentified people, you can be dragged into
their crimes, you can be swindled, and you can help crime in general
prosper.

b) If you force identity and audit trail of all people, you leave people
no way to bypass pseudocrimes such as being unwilling to be bled white
by elected thieves. Plus you have to raise your prices to cover the
workload of playing detective over every transaction.

Analysis:

The main problem with (a) assuming you're smart enough not to buy into a
scam is that of unidirectional anonymity. They know and can tell that
they dealt with you; you don't know them from Adam. So the solution
focusing on (a) is *bidirectional anonymity*. For example an automated
MM system that matches want to buy against want to sell in such a
way as to make an audit trail impossible.

The problem with (b) comes in two parts: first, the state requiring you
to prevent pseudocrimes, second the waste of time and effort. To the
first part, the solution is validated pseudonymous reputation. To the
second, an external service providing reputation services. You only deal
through them, and so you can evaluate the trustworthiness of a mask
without being required to inform on its wearer.

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