But that's not really a place where judges get involved in saying how it ought to be regulated. There was, famously, a judge in Florida that said cryptocurrency was not money because you couldn't put it underneath your bed, and that's what money is: something that is tangible.

So different people are going to have different decisions. And that's not just true for crypto, but also other areas of the law. Your best-known crypto decisions strongly assert that crypto is traceable. One way people try to make it less traceable is with mixers, and Tornado Cash was sanctioned by OFAC not too long ago. Do you think the legal reasoning was sound enough for similar sanctions to be applied to other mixers, or decentralized exchanges?

I don't know. I think there's been some discussion that people may litigate some of these things, so I can't comment, because those frequently do come to our courthouse. And I think there are certainly people opining on that, yes and no. So much of what judges do is that we rely on the parties that are before us to tell us what's right and what's wrong. And then, you know, obviously, they'll have different views, and we make a decision based on what people say in front of us.

Are you aware that some legal analysis of the Tornado Cash sanctions references your recent decision in a cryptocurrency sanctions case? That's what good lawyers will always do. Even legislators might look at that as they try to think about where the gaps are.

As a prosecutor I had a case where we sued three Chinese banks to give us their bank records, and it had never been done before. Afterwards, Congress passed a new law, using the decisions from judges in this court and the D. circuit court, the court above us. So I'm sure people look at prior decisions and try to apply them in the ways that they want to. Are there any misconceptions about how the law applies to crypto, or how your decisions should be interpreted, that you wish you could get across?

One misconception is that the judges can't understand this technology — we can. People have these views in two extremes.

The lawyer's fundamental job is to take super complex and technical things and boil them down to very easily digestible arguments for a judge, for a jury, or whoever it might be. The financial technology transformation is driving competition, creating consumer choice, and shaping the future of finance. Hear from seven fintech leaders who are reshaping the future of finance, and join the inaugural Financial Technology Association Fintech Summit to learn more. Financial technology is breaking down barriers to financial services and delivering value to consumers, small businesses, and the economy.

Fintech puts American consumers at the center of their finances and helps them manage their money responsibly. From payment apps to budgeting and investing tools and alternative credit options, fintech makes it easier for consumers to pay for their purchases and build better financial habits. Fintech also arms small businesses with the financial tools for success, including low-cost banking services, digital accounting services, and expanded access to capital.

We advocate for modernized financial policies and regulations that allow fintech innovation to drive competition in the economy and expand consumer choice. Spots are still available for this hybrid event, and you can RSVP here to save your seat. Join us as we discuss how to shape the future of finance. In its broadest sense, Open Banking has created a secure and connected ecosystem that has led to an explosion of new and innovative solutions that benefit the customer, rapidly revolutionizing not just the banking industry but the way all companies do business.

Target benefits are delivered through speed, transparency, and security, and their impact can be seen across a diverse range of use cases.

Sharing financial data across providers can enable a customer individual or business to have real-time access to multiple bank accounts across multiple institutions all in one platform, saving time and helping consumers get a more accurate picture of their own finances before taking on debt, providing a more reliable indication than most lending guidelines currently do.

Companies can also create carefully refined marketing profiles and therefore, finely tune their services to the specific need. Open Banking platforms like Klarna Kosma also provide a unique opportunity for businesses to overlay additional tools that add real value for users and deepen their customer relationships. The increased transparency brought about by Open Banking brings a vast array of additional benefits, such as helping fraud detection companies better monitor customer accounts and identify problems much earlier.

The list of new value-add solutions continues to grow. The speed of business has never been faster than it is today. For small business owners, time is at a premium as they are wearing multiple hats every day.

Macroeconomic challenges like inflation and supply chain issues are making successful money and cash flow management even more challenging. This presents a tremendous opportunity that innovation in fintech can solve by speeding up money movement, increasing access to capital, and making it easier to manage business operations in a central place.

Fintech offers innovative products and services where outdated practices and processes offer limited options. For example, fintech is enabling increased access to capital for business owners from diverse and varying backgrounds by leveraging alternative data to evaluate creditworthiness and risk models. This can positively impact all types of business owners, but especially those underserved by traditional financial service models.

When we look across the Intuit QuickBooks platform and the overall fintech ecosystem, we see a variety of innovations fueled by AI and data science that are helping small businesses succeed. By efficiently embedding and connecting financial services like banking, payments, and lending to help small businesses, we can reinvent how SMBs get paid and enable greater access to the vital funds they need at critical points in their journey.

Overall, we see fintech as empowering people who have been left behind by antiquated financial systems, giving them real-time insights, tips, and tools they need to turn their financial dreams into a reality. Innovations in payments and financial technologies have helped transform daily life for millions of people.

People who are unbanked often rely on more expensive alternative financial products AFPs such as payday loans, money orders, and other expensive credit facilities that typically charge higher fees and interest rates, making it more likely that people have to dip into their savings to stay afloat. A few examples include:.

Mobile wallets - The unbanked may not have traditional bank accounts but can have verified mobile wallet accounts for shopping and bill payments. Their mobile wallet identity can be used to open a virtual bank account for secure and convenient online banking.

Minimal to no-fee banking services - Fintech companies typically have much lower acquisition and operating costs than traditional financial institutions. They are then able to pass on these savings in the form of no-fee or no-minimum-balance products to their customers. This enables immigrants and other populations that may be underbanked to move up the credit lifecycle to get additional forms of credit such as auto, home and education loans, etc.

Entrepreneurs from every background, in every part of the world, should be empowered to start and scale global businesses. Most businesses still face daunting challenges with very basic matters. These are still very manually intensive processes, and they are barriers to entrepreneurship in the form of paperwork, PDFs, faxes, and forms. Stripe is working to solve these rather mundane and boring challenges, almost always with an application programming interface that simplifies complex processes into a few clicks.

Stripe powers nearly half a million businesses in rural America. The internet economy is just beginning to make a real difference for businesses of all sizes in all kinds of places. We are excited about this future. The way we make decisions on credit should be fair and inclusive and done in a way that takes into account a greater picture of a person.

Lenders can better serve their borrowers with more data and better math. Zest AI has successfully built a compliant, consistent, and equitable AI-automated underwriting technology that lenders can utilize to help make their credit decisions. While artificial intelligence AI systems have been a tool historically used by sophisticated investors to maximize their returns, newer and more advanced AI systems will be the key innovation to democratize access to financial systems in the future.

D espite privacy, ethics, and bias issues that remain to be resolved with AI systems, the good news is that as large r datasets become progressively easier to interconnect, AI and related natural language processing NLP technology innovations are increasingly able to equalize access. T he even better news is that this democratization is taking multiple forms. AI can be used to provide risk assessments necessary to bank those under-served or denied access. AI systems can also retrieve troves of data not used in traditional credit reports, including personal cash flow, payment applications usage, on-time utility payments, and other data buried within large datasets, to create fair and more accurate risk assessments essential to obtain credit and other financial services.

By expanding credit availability to historically underserved communities, AI enables them to gain credit and build wealth. Additionally, personalized portfolio management will become available to more people with the implementation and advancement of AI. Sophisticated financial advice and routine oversight, typically reserved for traditional investors, will allow individuals, including marginalized and low-income people, to maximize the value of their financial portfolios.

Moreover, when coupled with NLP technologies, even greater democratization can result as inexperienced investors can interact with AI systems in plain English, while providing an easier interface to financial markets than existing execution tools.

Open finance technology enables millions of people to use the apps and services that they rely on to manage their financial lives — from overdraft protection, to money management, investing for retirement, or building credit. More than 8 in 10 Americans are now using digital finance tools powered by open finance. This is because consumers see something they like or want — a new choice, more options, or lower costs. What is open finance? At its core, it is about putting consumers in control of their own data and allowing them to use it to get a better deal.

When people can easily switch to another company and bring their financial history with them, that presents real competition to legacy services and forces everyone to improve, with positive results for consumers. For example, we see the impact this is having on large players being forced to drop overdraft fees or to compete to deliver products consumers want.

We see the benefits of open finance first hand at Plaid, as we support thousands of companies, from the biggest fintechs, to startups, to large and small banks. All are building products that depend on one thing - consumers' ability to securely share their data to use different services.

Open finance has supported more inclusive, competitive financial systems for consumers and small businesses in the U. and across the globe — and there is room to do much more. As an example, the National Consumer Law Consumer recently put out a new report that looked at consumers providing access to their bank account data so their rent payments could inform their mortgage underwriting and help build credit. This is part of the promise of open finance. At Plaid, we believe a consumer should have a right to their own data, and agency over that data, no matter where it sits.

This will be essential to securing benefits of open finance for consumers for many years to come. As AWS preps for its annual re:Invent conference, Adam Selipsky talks product strategy, support for hybrid environments, and the value of the cloud in uncertain economic times.

Donna Goodison dgoodison is Protocol's senior reporter focusing on enterprise infrastructure technology, from the 'Big 3' cloud computing providers to data centers. She previously covered the public cloud at CRN after 15 years as a business reporter for the Boston Herald. AWS is gearing up for re:Invent, its annual cloud computing conference where announcements this year are expected to focus on its end-to-end data strategy and delivering new industry-specific services.

Both prongs of that are important. But cost-cutting is a reality for many customers given the worldwide economic turmoil, and AWS has seen an increase in customers looking to control their cloud spending.

By the way, they should be doing that all the time. The motivation's just a little bit higher in the current economic situation. This interview has been edited and condensed for clarity. Besides the sheer growth of AWS, what do you think has changed the most while you were at Tableau?

Were you surprised by anything? The number of customers who are now deeply deployed on AWS, deployed in the cloud, in a way that's fundamental to their business and fundamental to their success surprised me. There was a time years ago where there were not that many enterprise CEOs who were well-versed in the cloud.

It's not just about deploying technology. The conversation that I most end up having with CEOs is about organizational transformation. It is about how they can put data at the center of their decision-making in a way that most organizations have never actually done in their history.

And it's about using the cloud to innovate more quickly and to drive speed into their organizations. Those are cultural characteristics, not technology characteristics, and those have organizational implications about how they organize and what teams they need to have. It turns out that while the technology is sophisticated, deploying the technology is arguably the lesser challenge compared with how do you mold and shape the organization to best take advantage of all the benefits that the cloud is providing.

How has your experience at Tableau affected AWS and how you think about putting your stamp on AWS? I, personally, have just spent almost five years deeply immersed in the world of data and analytics and business intelligence, and hopefully I learned something during that time about those topics. I'm able to bring back a real insider's view, if you will, about where that world is heading — data, analytics, databases, machine learning, and how all those things come together, and how you really need to view what's happening with data as an end-to-end story.

It's not about having a point solution for a database or an analytic service, it's really about understanding the flow of data from when it comes into your organization all the way through the other end, where people are collaborating and sharing and making decisions based on that data.

AWS has tremendous resources devoted in all these areas. Can you talk about the intersection of data and machine learning and how you see that playing out in the next couple of years? What we're seeing is three areas really coming together: You've got databases, analytics capabilities, and machine learning, and it's sort of like a Venn diagram with a partial overlap of those three circles.

There are areas of each which are arguably still independent from each other, but there's a very large and a very powerful intersection of the three — to the point where we've actually organized inside of AWS around that and have a single leader for all of those areas to really help bring those together. There's so much data in the world, and the amount of it continues to explode.

We were saying that five years ago, and it's even more true today. The rate of growth is only accelerating. It's a huge opportunity and a huge problem. A lot of people are drowning in their data and don't know how to use it to make decisions.

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A federal appeals court struck a major blow against the Consumer Financial Protection Bureau with a finding that its funding mechanism is unconstitutional.

The decision is likely to be challenged, setting up a major fight for the future of the top U. consumer-finance watchdog. As set up under the Dodd-Frank Act, the CFPB is funded by the Federal Reserve rather than congressional appropriations. But Republicans have chafed at what they view as anti-business practices and a lack of oversight. The structure has been the target of legal challenges before.

Democratic Sen. Elizabeth Warren, who oversaw the CFPB's creation , responded to the ruling on Twitter, writing that "extreme right-wing judges are throwing into question every rule the CFPB enforces to protect consumers and businesses alike.

Republican Sen. Cynthia Lummis, meanwhile, said the CFPB "needs the same Congressional oversight as every other government agency. The CFPB is expected to challenge the ruling, though it has yet to confirm that.

To that point, the CFPB issued new guidance to credit-reporting agencies Thursday about omitting what it called "junk data" from credit reports.

The CFPB has faced several challenges to its existence over its 11 years in business. In , the Supreme Court ruled that restrictions on when its leader can be removed were unconstitutional, but rejected a plea to strike down the agency as a whole.

The most significant fear from progressive lawmakers and consumer groups is that the CFPB could see its resources chopped if left to the whims of Congress.

Public Interest Research Group. The new court decision comes as the CFPB, under Biden-appointed director Rohit Chopra , has taken a more aggressive stance toward the financial industry than his Trump administration predecessors. Chopra has also promised scrutiny over the way large technology companies are expanding into financial services.

But the agency is also taking up initiatives with fintech industry support, including finally setting up open-banking rules to guide data-sharing between financial institutions and tech companies.

What the ruling means for the fintech industry remains to be seen. While regulators and companies can occasionally come into conflict, the agencies also serve an important role in providing rules of the road and certainty for business models. His decisions on major cryptocurrency cases have quoted "The Big Lebowski," "SNL," and "Dr. The ways Zia Faruqui right has weighed on cases that have come before him can give lawyers clues as to what legal frameworks will pass muster.

Veronica Irwin vronirwin is a San Francisco-based reporter at Protocol covering fintech. Previously she was at the San Francisco Examiner, covering tech from a hyper-local angle. Before that, her byline was featured in SF Weekly, The Nation, Techworker, Ms. Magazine and The Frisc. One hundred percent electronic. The author is Magistrate Judge Zia Faruqui.

His rulings have made smart references to "The Big Lebowski," "Dr. Strangelove," and "SNL" parodies of the McLaughlin Group. Rather, before taking the judge position Faruqui was one of a group of prosecutors in the U. There, Faruqui prosecuted cases that involved terrorism, child pornography, and weapons proliferation. But the ways Faruqui has weighed on cases that have come before him can give lawyers clues as to what legal frameworks will pass muster.

Crypto lawyers have drawn on his prior decisions in the context of the Tornado Cash sanctions, for example. Faruqui spoke with Protocol about the power of his position, and what people in crypto should understand about the law.

There was another prosecutor, Christopher Brown — you know, the other Chris Brown — and he had taken an interest in this when we were both working on financial crime in the Washington, D. Our U. attorney at the time, Jessie Liu, had this idea of using financial investigations in a way that was not limited to just white collar crime, or even narcotics cases, but also for cyber investigations, to national security investigations, and in civil cases.

A lot of what we were investigating was related to following the money and so she wanted us to be this multidisciplinary unit. But I have to say, we started with the goal of wanting to make T-shirts, and we never did that while I was there. Your decisions have also gotten a lot of attention.

We're public servants! And in order for the public to have faith and trust us, they need to understand what it is that we're doing and what we're saying. Humor is one way, not using a lot of legalese is another way. But I think there are many judges who are trying to make the judiciary more accessible, and so people can see the work that we're doing and understand what we're doing and then make their own opinions about if it's right or wrong. But at least, if it's understandable, then there's still some trust in the framework even if you don't agree with how our decisions are stated.

We are ambassadors for the judiciary to the people in our courtroom — it's a very frightening proposition being in court if you've been federally charged, and people have perceptions of what they think can happen there in terms of fairness or unfairness. But then it goes far beyond that. I do a lot of work with the Administrative Office of the Courts, our central body doing civic education and outreach to high schools, because I want college and high school students and law students to have an experience where they get a chance to talk to a judge.

So my goal is certainly not just getting to one segment of the population, but it's making decisions accessible to whoever's interested in reading them. What has it felt like for you switching from that prosecutor role to magistrate judge?

Lawyers are trying to take different frameworks from one topic and apply them to another, and then convince you that that is or is not appropriate. Being a judge is very different because you're evaluating what the parties present to you as the applicable legal frameworks, and deciding how new, groundbreaking technology fits into legal frameworks that were written 10 or 15 years ago.

But that's not really a place where judges get involved in saying how it ought to be regulated. There was, famously, a judge in Florida that said cryptocurrency was not money because you couldn't put it underneath your bed, and that's what money is: something that is tangible. So different people are going to have different decisions. And that's not just true for crypto, but also other areas of the law. Your best-known crypto decisions strongly assert that crypto is traceable.

One way people try to make it less traceable is with mixers, and Tornado Cash was sanctioned by OFAC not too long ago.

Do you think the legal reasoning was sound enough for similar sanctions to be applied to other mixers, or decentralized exchanges? I don't know. I think there's been some discussion that people may litigate some of these things, so I can't comment, because those frequently do come to our courthouse.

And I think there are certainly people opining on that, yes and no. So much of what judges do is that we rely on the parties that are before us to tell us what's right and what's wrong. And then, you know, obviously, they'll have different views, and we make a decision based on what people say in front of us. Are you aware that some legal analysis of the Tornado Cash sanctions references your recent decision in a cryptocurrency sanctions case? That's what good lawyers will always do.

Even legislators might look at that as they try to think about where the gaps are. As a prosecutor I had a case where we sued three Chinese banks to give us their bank records, and it had never been done before. Afterwards, Congress passed a new law, using the decisions from judges in this court and the D.

circuit court, the court above us. So I'm sure people look at prior decisions and try to apply them in the ways that they want to. Are there any misconceptions about how the law applies to crypto, or how your decisions should be interpreted, that you wish you could get across? One misconception is that the judges can't understand this technology — we can.

People have these views in two extremes. The lawyer's fundamental job is to take super complex and technical things and boil them down to very easily digestible arguments for a judge, for a jury, or whoever it might be. The financial technology transformation is driving competition, creating consumer choice, and shaping the future of finance. Hear from seven fintech leaders who are reshaping the future of finance, and join the inaugural Financial Technology Association Fintech Summit to learn more.

Financial technology is breaking down barriers to financial services and delivering value to consumers, small businesses, and the economy.

Fintech puts American consumers at the center of their finances and helps them manage their money responsibly. From payment apps to budgeting and investing tools and alternative credit options, fintech makes it easier for consumers to pay for their purchases and build better financial habits. Fintech also arms small businesses with the financial tools for success, including low-cost banking services, digital accounting services, and expanded access to capital.

We advocate for modernized financial policies and regulations that allow fintech innovation to drive competition in the economy and expand consumer choice. Spots are still available for this hybrid event, and you can RSVP here to save your seat. Join us as we discuss how to shape the future of finance. In its broadest sense, Open Banking has created a secure and connected ecosystem that has led to an explosion of new and innovative solutions that benefit the customer, rapidly revolutionizing not just the banking industry but the way all companies do business.

Target benefits are delivered through speed, transparency, and security, and their impact can be seen across a diverse range of use cases. Sharing financial data across providers can enable a customer individual or business to have real-time access to multiple bank accounts across multiple institutions all in one platform, saving time and helping consumers get a more accurate picture of their own finances before taking on debt, providing a more reliable indication than most lending guidelines currently do.

Companies can also create carefully refined marketing profiles and therefore, finely tune their services to the specific need. Open Banking platforms like Klarna Kosma also provide a unique opportunity for businesses to overlay additional tools that add real value for users and deepen their customer relationships.

The increased transparency brought about by Open Banking brings a vast array of additional benefits, such as helping fraud detection companies better monitor customer accounts and identify problems much earlier. The list of new value-add solutions continues to grow. The speed of business has never been faster than it is today. For small business owners, time is at a premium as they are wearing multiple hats every day.

Macroeconomic challenges like inflation and supply chain issues are making successful money and cash flow management even more challenging. This presents a tremendous opportunity that innovation in fintech can solve by speeding up money movement, increasing access to capital, and making it easier to manage business operations in a central place. Fintech offers innovative products and services where outdated practices and processes offer limited options. For example, fintech is enabling increased access to capital for business owners from diverse and varying backgrounds by leveraging alternative data to evaluate creditworthiness and risk models.

Which one of the seven state propositions on the November 8 ballot are you most interested in? To help me afford a more suitable house, I have asked for housing aid. Free Features. Some customers are doing some belt-tightening. People have these views in two extremes. Republicans are far less likely than Democrats and independents to hold this positive view. He is an authority on elections, voter behavior, and political and fiscal reform, and the author of ten books and numerous publications.

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