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Paypal Charged Under PATRIOT Act

A reader writes: "Yahoo has the story: Paypal has been charged under the PATRIOT act for accepting and profiting from transactions with illegal gambling sites. According to their new rules they will no longer allow gambling payments due to the higher chargeback risk. It's good to see them charged for something, even if they have never had to atone for the thousands of customer dollars they have stolen." I know of a number people who've had problems, but I will say that I've had no problems with PayPal - on both my personal account and on the Subscription side of things.

30 of 281 comments (clear)

  1. PATRIOT Act? by MeanMF · · Score: 5, Insightful

    Yet more evidence that the PATRIOT act had little or nothing to do with actual terrorism...

    1. Re:PATRIOT Act? by archeopterix · · Score: 4, Insightful
      Yet more evidence that the PATRIOT act had little or nothing to do with actual terrorism...
      Yes, and this holds true even if you don't like PayPal. Two evils clash again, mixed feelings arise. To all who rejoice because of this: you may be next.
    2. Re:PATRIOT Act? by devilspgd · · Score: 3, Insightful

      For those too slow to keep up, the ***PATRIOT Act*** exists as result of a kneejerk reaction to terrorism, and was intended to fight terrorism. This is an example of the PATRIOT Act being applied in a non-terrorism context.

      --
      Give a man a fish, he'll eat for a day, but teach a man to phish...
    3. Re:PATRIOT Act? by Anonymous Coward · · Score: 2, Insightful

      A quote comes to mind: "First they came for the Trade-unionists, and I didn't stand up because I wasn't a Trade-unionist. Then they came for the Jews, and I didn't stand up because I wasn't a Jew. Then they came for the Catholics, and I didn't stand up because I was Protestant. Then they came for me, and there was noone left to stand up." - Rev. Martin Niemoller, 1945

    4. Re:PATRIOT Act? by Anonymous Coward · · Score: 3, Insightful

      "never had streets blocked when we were bombing serbia"

      theres a few reasons for this, but i'm sick of explaining it to dipshits like yourself, so heres 2...

      1: the attacks on serbia were sanctioned by international organisations. if you look closely, you'll see that there are 3 aggressor countries involved in the current conflict, and it is not condoned by NATO, the UN, or anything else I can think of (maybe the GOP, but they're all cunts anyway). There was a genocide going on in Bosnia, hence the International Community HAD to act. the current conflict is about re-asserting American influence in the Middle East, and to a lesser extent, oil. It never was and never will be about disarming the Iraqi government.

      2: its clear that this is meant to distract the american public from the fact that the US military with all its strength failed to find and/or kill Osamma bin Laden, so they concoct some half-baked story about how a secular dictator is trying to ship off "Weapons of Mass Destruction" to fundamentalist terrorists... a few problems there - the UN inspectors operating in Iraq between 1991 + 1998 destroyed around about 95% of Iraqs factories, stockpiles and equipment needed to make more. Not to mention that the only tie that ObL + Saddam have is that they are Arabs - if you look closely again at the facts (I know thats not a strong point for you Americans - I mean, facts distort what you want to hear dont they?) you'll see that Saddam has spent considerable time over the past 20-30 years killing fundamentalists in Iraq because they pose a threat to his regime! well, well, well.

      If the Whitehouse/Pentagon really does want to go after someone with WMD, why arent they going after the North Korean nutjob Kim Il-Sung? oh thats right - he really does have WMD and probably is insane enough to use them.

      U S A U S A U S A

    5. Re:PATRIOT Act? by darqchild · · Score: 2, Insightful

      it was never intended to fight terrorism.
      the fear of terrorism was used as a tool to persuade the people of the USA to allow their government to impose this law upon them.

      the patriot act was *intended* to be every law-enforcement agency's wet dream

      --
      What? Me? Worry?
  2. oh yea.. by Anonymous Coward · · Score: 2, Insightful

    ..those americans SURE like the word patriot...

    1. Re:oh yea.. by Dutchmaan · · Score: 2, Insightful

      ...so did the French during the Regin of Terror...

  3. PATRIOT by Anonymous Coward · · Score: 5, Insightful

    How is illegal gambling a matter of national security unless "terrorists" are directly profitting from it?

    1. Re:PATRIOT by Anonymous Coward · · Score: 1, Insightful

      > Gambling is a *huge* money laundry machine. Nevada cracked down on it ...

      That explains all those neon light casinos.. Oh wait, were you speaking of non-Government sponsered gambling? I guess it's okay for the government but not for its people.

  4. This was coming all along... by Str8Dog · · Score: 5, Insightful

    PayPal has been used for quite a while in the grey market... DSS hacking hardware, Drugs by mail, Betting... It was only a matter of time they got busted for it. They are profiting on illegal activities.

    --


    Str8Dog
    using System.Darkside; public
    1. Re:This was coming all along... by ryanr · · Score: 4, Insightful

      Yes, now they can go after the US Mint.

    2. Re:This was coming all along... by AKAImBatman · · Score: 3, Insightful

      The problem is that PayPal is not registered as a bank. This way they could get around many of those nasty little liability issues. Now that practice is coming back around and biting them in the ass.

    3. Re:This was coming all along... by missing000 · · Score: 2, Insightful

      I think that argument is coming to an end soon. Claiming international entity to cover for the fact you are processing illegal transactions is BS legal double speak. The fact still remains this company is based out of CA and will be procecuted as such.

      By this same token are not the credit card agency's also in breach then? I wish such a lawsuit would be levied against Visa, or at least Citicorp.

    4. Re:This was coming all along... by gary+bernhardt · · Score: 3, Insightful

      As for the US Mint Post, that is not the same thing. The US Mint does not have direct knowledge of any transactions and they dont skim a percentage off the top.

      The $5000 check I'm about to write to the U.S. government disagrees with that statement. Bloody taxes.

  5. The right thing to do for the wrong reason by StandardCell · · Score: 3, Insightful

    Paypal has had it coming to them for a long time. A stiff penalty may wake them up somewhat. The real question is, will Paypal's policies improve sufficiently to correct their behavior and unethical withholding of funds?

    I hate to be a cynic in this case, but probably not. The magnitude of the average consumer's problem is likely far larger than the Patriot act allegations.

  6. Laugh or Cry? by micheas · · Score: 5, Insightful

    I don't like PayPal. So seeing them nailed under the Patriot act if kind of funny, But, using the Patriot act this way is confirming the worst fears of everyone aout this act.

    It is truely sad when the fight for our rights is being led by companies like PayPal.

  7. Huh? by XorNand · · Score: 3, Insightful

    It's good to see them charged for something, even if they have never had to atone for the thousands of customer dollars they have stolen.

    It's good to see that Joe Smith was charged with felonious assault, because I *did* see him jaywalk that one time.

    --
    Entrepreneur : (noun), French for "unemployed"
  8. PayPal's side by Sanity · · Score: 4, Insightful
    I emailed PayPal customer support over their apparent politically motivated freezing of whatreallyhappened.com's PayPal account (see here for the wrh.com account). To my surprise they responded quite quickly, but said that under the terms of their privacy policy they couldn't discuss the issue with me, but that there was another side to the story.

    What Paypal does is actually quite difficult, and I suspect it is a constant battle for them to prevent their service from being used illegally, and without them getting landed with massive liabilities. This is primarily due to the braindead way that credit cards work. I suspect that people that have had bad PayPal experiences might simply have become victims of the fact that Paypal has to be extremely aggressive about fraud just to survive.

    Before everyone hangs them out to dry - perhaps stop to think, for a moment, what their side of the story might be.

    1. Re:PayPal's side by Blaine+Hilton · · Score: 2, Insightful

      You have a good point. I use their services occasionally, but as soon as I receive any funds I transfer them into my bank ASAP. They run a pretty high risk business if you ask me.

    2. Re:PayPal's side by Guppy06 · · Score: 4, Insightful

      "and without them getting landed with massive liabilities."

      Their strategy for this involves their legal department repeating the phrase "We're not a bank! Really!" over and over again.

      "I suspect that people that have had bad PayPal experiences might simply have become victims of the fact that Paypal has to be extremely aggressive about fraud just to survive."

      No, they're extremely aggressive about hiding fraud. If you have a problem (such as being defrauded by a seller), PayPal will tell you "not our problem, deal with the seller," conveniently neglecting to tell you about the "dreaded C-word" (chargeback).

      PayPal doesn't want anybody to know about fraud because they don't want anybody to know about credit card fraud policies. When the buyer issues a chargeback, PayPal loses money, and it's more cost-effective for them to hide and/or sidestep fraud than to combat it.

  9. PayPal by Anonymous Coward · · Score: 2, Insightful

    I dunno about paypal. I've never had any problems with them, but this new User Agreement is fucking LONG and split into like 13 pieces spread over many files. And here's the best part:

    At the BEGINNING it reads:

    We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site.

    So you think, okay, if they put something bad in there, I'll at least have 30 days until I read it on some PayPal watch site or something.

    But you'd be wrong! At the END of the User Agreement it reads:

    Each of these policies may be changed from time to time and are effective immediately after we post the changes on our Service, except our Privacy Policy for which we will provide you with thirty days prior notice.

    Isn't that sneaky?? Kinda like a "plot twist". The lawyers must've really high-fived each other over that one!

    And of course the now-common "survivability" clause:

    Sections (3) Fees, (2.4) Release, (8) Access and Interference, (2.6) Limit of Liability, (2.7) Indemnity, and (16) Legal Disputes shall survive any termination or expiration of this Agreement.

    You know an Agreement has "come of age" when it gets the Survivability clause! I'm still trying to figure out how parts of a contract can remain in effect after the contract is terminated. Kind of like cancer: the gift that keeps on giving!

    Anyway, I think I hate the PATRIOT act a lot more than PayPal but this new Agreement makes me weary. I still haven't agreed to it and I think I'll just let my account lapse.

    PS: I too wonder what gambling has anything to do with terrorism. Then again, I've noticed a lot of states are requesting Homeland Security funds to "control protestors". The NBC reporter covering the story said with a straight face something like: "Many of the protestors target the same facilities as terrorists and therefore we need funds to protect them.".

    That's right folks! Protestors == Terorrists. You saw it coming. Anything can be terrorism, if you try hard enough.

    1. Re:PayPal by stratjakt · · Score: 3, Insightful

      I've noticed a lot of states are requesting Homeland Security funds to "control protestors". The NBC reporter covering the story said with a straight face something like: "Many of the protestors target the same facilities as terrorists and therefore we need funds to protect them.".

      The word terrorist is being thrown about by every talking head to get his message on TV, and will soon have no meaning. But what they're talking about is absolutely valid.

      Think about it. A terrorist (a real one) attack would likely target a highly populated area, and something symbolic (like the WTC was, or maybe say, the Sears tower in Chicago or the Space Needle or just a big mall downtown).

      Protestors are out in the street blocking traffic and impeding peoples ability to move in the exact same areas.

      How many more would have died on 9/11 if there were a bunch of dipshit hippies having a 'die in' and dragging newspaper stands in front of the WTC, blocking not only fire trucks and ambulances, but everyone elses avenue to escape to safety?

      Not only that, a big raucous crowd would make a great place for a suicide bomber to hide/move freely, if he so chose.

      Noone said protesters==terrorists. Protesters (who act like assholes)==threat to public safety.

      --
      I don't need no instructions to know how to rock!!!!
  10. Electronic Currency by mugnyte · · Score: 3, Insightful

    Currency is a tool, a means for improving the barter system. Electronic currency would at frist seem to only the same requirements. But alas, no.

    Credit card companies, banks, etc., have all be indoctrinated with the restricting domestic "illegal" activites, in the areas that demand it. Paypal has just graduated into the same realm. No crying foul here. Electronic or online currency/exchanges/banks are indeed going to be responsible for tracking, preventing, and reporting on any activity a government wants.

    If this scares you, then realize the standard has been in place for quite some time; purchase histories are fair game during federal investigations. Even anonymous cash itself has been under this pressure for quite some time, from serial numbers to embedded symbols. Someone at a certain level wants to know how the money flows.

    mug

  11. Re:inet not the same as mortar? by stratjakt · · Score: 3, Insightful

    Not so. They'll charge the bank if they can prove the bank was knowingly assisting in a crime. Which is generally the case, as it's pretty much impossible for the bank not to know what's going on.

    Go apply for a mortgage at your local bank, see how many questions they start asking if you tell them you're self employed and plonk down a large cash deposit. They wind up neck deep in it if it turns out the cash was cocaine profits, the house and liquid assets get siezed (the house of course is the banks), and many times the loan officer who approves it will face charges.

    This isn't about money-laundering, btw. This whole thread is offtopic.

    --
    I don't need no instructions to know how to rock!!!!
  12. This is screwed up on so many levels by AssFace · · Score: 5, Insightful

    I am torn on this one. I use PayPal and have transferred a lot of money back and forth - but never at one time (meaning many small - max under $1000 transactions). They have been just fine for me.
    It is great if you have a household of shared rent and bills and you want to easily pay one central person without any paper checks.

    But I don't think that it is fair that PayPal is allowed to bypass the bank laws for the most part.

    I do know (not personally as in "my mother" but personally in the sense that I have "spoken" with them on the net via e-mail and discussion boards) people that have had 10s of thousands of dollars get locked up by PayPal.
    I trust PayPal for my small $300 transactions, and I even have it hooked up to my bank without too much worry on my part. But from what I have heard of others, I would not keep large sums of money in there (the few people that I know had over $50K in there when it was frozen and then basically taken from them).

    To be fair, the people I know that had their money taken were doing illegal things - so it became very hard for them to seek legal action against PayPal. It would be amusing to approach the athorities and try to explain that PayPal stole from you money that you were not going to claim on taxes and was obtained via non-legal ways.
    Whether or not PayPal kept that money when they realized what was happening, or if they just freeze any high $$ accounts (I had heard that they freeze them all if they are high $$ and/or high traffic so that they can investigate them and then unfreeze them if they are "okay"... not sure what is "okay" and who determines that).

    I know a close friend that used a credit card only once in 2 years, and the one time that they used it was to sign up for a website subscription (not slashdot) via PayPal.
    She then quickly had many charges run up on her card - it was someone that had stolen it. She had to run through circles with PayPal and the cc company to resolve it - in the end, it was someone at PayPal.

    And then the gambling. I personally have no issues with gambling - I don't have a moral issue with it - and the only reason the states really doesn't like it (no matter what moral claims they state), is that it is not something they can tax.
    So I don't personally feel that gambling should some get in trouble for this.

    Were I for some reason allowed to make decisions on all of this - I would want PayPal to be treated legally like a bank, and I would want gambling to be allowed to stay on the continental states and then taxed.
    As for the drug dealers that lose their money... I'm pretty ambivalent on that one.

    --

    There are some odd things afoot now, in the Villa Straylight.
  13. Patriot act ok? by msimm · · Score: 2, Insightful

    Since when is it adult to celebrate an unjust law being used against someone your not very fond of (that particular moment)? Every once in a while a story like this gets posted and I remember what a mixed up bunch we are.

    --
    Quack, quack.
  14. Re: Funny... by Cryptnotic · · Score: 2, Insightful

    But every time a $20 bill changes hands, the mint doesn't take a 1-2% cut, unlike PayPal.

    --
    My other first post is car post.
  15. False Alarm by Ryan+C. · · Score: 2, Insightful

    Everyone calm down, put away the torches and the pitchforks. No one was charged with anything.
    Apparently the DOJ doesn't have enough real crime to prosecue and fills its spare time writing harassment letters to companies it feels it can use to further its neo-republican goals.
    The DOJ isn't stupid enough to ruin a good scare tactic like the PATRIOT act by making a test case out of PayPal. They've got a couple more years of cease-and-desist type activity until they either try to use the law or are voted out of office.

    -Ryan C.

    --
    -Ryan C.
  16. Re:Don't laugh by swb · · Score: 2, Insightful

    I was thinking the same thing, but then it occurred to me that it would not only be really unpopular, but would not prevent a black market in -- you got it -- money!

    Besides, they don't have any good substitutes for it. SmartCards require electronic readers and can be hacked, traditional mag stripe cards suffer those defects as well as needing access (at least occasionally) to a whole infrastructure. And neither one is economically viable for $.50 purchases.