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Can Banks Shift Phishing Losses to Customers?

1sockchuck writes to mention a Netcraft article wondering who should bear the brunt of phishing costs. A group of customers with the Bank of Ireland recently had $202,000 drained from their accounts by phishers. The bank initially resisted the request to refund their money, but allowed it after a suit was threatened. From the article: "The Bank of Ireland incident is one of the first public cases of a bank seeking to force phishing victims to accept financial responsibility for their losses, but it likely won't be the last. Phishing scams continue to proliferate, as Netcraft has blocked more than 100,000 URLs already in 2006, up from 41,000 in all of 2005. Financial institutions continue to cover most customer losses from unauthorized withdrawals. But after several years of intensive customer education efforts, the details of phishing cases are coming under closer scrutiny, and the effectiveness of anti-phishing efforts taken by both the customer and the bank are likely to become an issue in a larger number of cases." So, should a bank be forced to pay back a customer who has lost money to phishers? Or is it ultimately the customer's responsibility to make educated use of technology?

3 of 425 comments (clear)

  1. Re:Fools and their Money 2.0 by plover · · Score: 5, Interesting
    a bank could perhaps continuously move the URLs for images on the bank's site

    I like that idea a lot! Use a sessionID-named folder for any URLs that have bank logos, and any requests for logos that use an expired session ID would return an image of a stopsign with the text: "STOP - ERASE ANY PERSONAL INFORMATION FROM THIS PAGE - THIS IS A FRAUDULENT WEBSITE!!! SOMEONE IS TRYING TO STEAL YOUR MONEY!!!"

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    John
  2. Re:Maybe... by Todd+Knarr · · Score: 4, Interesting

    Well, I can think of some. For example, a friend of mine got his debit card copied. He couldn't have prevented it, Arco got their computer systems compromised and all the debit-card numbers and PINs used at their at-the-pump readers stolen, and he happened to have used his card at an affected Arco station. But the bank could've easily stopped his account from being emptied. He'd made a card-present, ID-presented, signature-obtained transaction in San Jose, CA. 4 hours later, his card was used at an ATM in Thailand and his account emptied in $100-200 increments, it took quite a few transactions to completely drain his account. Now, any basic security profiling should've raised red flags: he's never used his card outside the US, these are cash withdrawals in a country that's known as a source of financial fraud, and it's physically not possible for a person to have gotten from San Jose to Thailand in 4 hours. All the bank would've had to do is refuse that first ATM withdrawal with a message to contact his bank and that would've been the end of the theft before it began. But they allowed all those transactions without questioning them. That's definitely not reasonable care on the part of the bank.

  3. Re:Fools and their Money 2.0 by DarkProphet · · Score: 4, Interesting

    Though the parent is funny, I am not sure why it got +4 Funny instead of +4 Insightful. This is EXACTLY what financial institutions should be doing!! It would work like gangbusters.

    Another approach that I think would work well for financial institutions is to make it unequivocally clear that they will never never ever in a million years contact their customers by any method besides snail mail. The customer should be required to sign a sheet saying they understand this before they are allowed to open an account, and it should be the responsibility of the financial institution to make sure that the customer is TOLD this, not just handed a piece of fine print to sign. I have been using online banking at 3 different institutions for approximately 5 years, and I am absolutely sure that in that time I have never recieved any e-mail from them for any reason. Paypal on the other hand... I've gotten both legitimate email and phishers.... so I just blacklist anything with paypal in the subject or content. Sure, it means they have no way to get ahold of me besides snail mail, but they shouldn't need to.

    But, perhaps I am a little too idealistic... /me sighs

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    What could possibly hurt the security of the American people more than giving our own government the ability to hide its