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Banks hit with millions in fines for using Signal and WhatsApp

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Re: Banks hit with millions in fines for using Signal and WhatsApp

#161

Earlier quoted context omitted.

Correct. Neither Signal nor WhatsApp is integrated into any corporate messaging system, so the communication flowing through those apps, is neither archived nor discoverable.

How does that differ from a simple SMS message - afaik SMS isn't integrated in any corporate messaging system either...

Four levels of government and an ISP having an easily searched and/or subpoenae'd copy of the message...?

What forum is this?

Re: Banks hit with millions in fines for using Signal and WhatsApp

#162
post #158

The whole record keeping requirement for written correspondence generally seems completely unreasonable. Presumably telephone calls, zoom calls and in person meetings aren't recorded? Why should that be different if it's written?

> Presumably telephone calls, zoom calls and in person meetings aren't recorded?

Why do you presume that? Where I work every call is recorded.

Re: Banks hit with millions in fines for using Signal and WhatsApp

#163
post #87

Earlier quoted context omitted.

At least in the UK, group messaging over sms was always broken, and sending pictures still costs me extra money. The phone carriers brought it on themselves.

It's not the phone carriers' problem FYI.

It is in that if they supported MMS then we would not need to use WhatsApp

Re: Banks hit with millions in fines for using Signal and WhatsApp

#164

Earlier quoted context omitted.

Correct. Neither Signal nor WhatsApp is integrated into any corporate messaging system, so the communication flowing through those apps, is neither archived nor discoverable.

How does that differ from a simple SMS message - afaik SMS isn't integrated in any corporate messaging system either...

Yes, they are. Well beyond banks - it's a SOX compliance question for any publicly traded company.

Re: Banks hit with millions in fines for using Signal and WhatsApp

#165
post #25

Earlier quoted context omitted.

AFAIK you are allowed to use any channel as long as you preserve records of the conversation. However, meeting the standards for preservation is quite difficult, which is why employees of financial institutions are generally told not to communicate outside person-to-person, or channels vetted by their company (and lawyers thereof).

It's a bit weird that even though they can communicate person-to-person, where records won't be kept, they are supposed to keep records of electronic communication.

banks have CCTV cameras in office buildings that record (video) of customer-banker interactions.

any change to any banking system is then done via a banking order (payment order, deposit order, etc) and is documented and signed.

so there is plenty of trail evidence for each transaction with each customer

Re: Banks hit with millions in fines for using Signal and WhatsApp

#166
> Wells Fargo, the fourth-biggest U.S. bank by assets and a relatively small player on Wall Street, racked up the most fines on Tuesday, with $200 million in penalties.

> “We are pleased to resolve this matter,” said Wells Fargo spokeswoman Laurie Kight.

Unfortunate, penalty appears not big enough.

As another key responsibility, these individuals are forbidden from insider trading... which if they are not keeping records is basically not possible to police.

Re: Banks hit with millions in fines for using Signal and WhatsApp

#167
post #38
post #25

Earlier quoted context omitted.

It's a bit weird that even though they can communicate person-to-person, where records won't be kept, they are supposed to keep records of electronic communication.

The weird step for me is the expansion of regulatory authority from published memos, to all written communication like texts and chats. I get it and don't really object to the end result, but it seems like the law should be updated to match what society desires to be regulated, rather than just relying on a generous interpretation by regulators.

The law does not need extending. It is that for bank traders ALL communications must be kept.

Re: Banks hit with millions in fines for using Signal and WhatsApp

#168

Earlier quoted context omitted.

Right - or if it's over the phone.

What if I dictate into my phone and What's App sends it as text? Purely to save bandwidth of course.

That is one of the things that the banks are being fined for.

Re: Banks hit with millions in fines for using Signal and WhatsApp

#169
post #24

Earlier quoted context omitted.

So the law as written regards keeping records of inter-office memoranda, but the regulators have cheerfully expanded the scope of this to include essentially all communication by bank employees (except maybe phone calls).

No, it includes calls now. Traditional calls over copper telephone lines are not recorded, but digital calls over MS Teams or whatever are recorded and kept for review. You still need a secondary device if you want to have a private conversation.

No for bank traders all phone calls are recorded and have been done since at least the 1990s

Re: Banks hit with millions in fines for using Signal and WhatsApp

#170
post #158

The whole record keeping requirement for written correspondence generally seems completely unreasonable. Presumably telephone calls, zoom calls and in person meetings aren't recorded? Why should that be different if it's written?

> Presumably telephone calls, zoom calls and in person meetings aren't recorded? Of course they are. No offense: Where have you been?

> Where have you been?

Working in education the last 10 years. I mean all of that seems really unreasonable if that's the case.

Where I work they took my work phone away because I wasn't using it enough. Now if I need to make a call, it's just with my cell phone. No way that's being recorded.

> in person meetings

Presume you don't sit down at the table and set up mics before you start talking?

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