Subject: RE: [Asrg] draft-irtf-asrg-bcp-blacklists-00

From: "Hallam-Baker, Phillip" <[email-masked]>
Date: Wed, 5 May 2004 12:31:44 -0700

> > That is actually a criminal violation of the credit acts. Some banks
> > round here have paid very very large fines for that type of 
> behavior.
> 
> I trust you've never priced automobile insurance.
> 
> There was recently a thread on misc.legal.moderated about someone
> wanting to live in Brooklyn but buy insurance claiming Nassau.  Nobody
> suggested that the rate differential was illegal.

The regulations that govern insurance are very different to those
that govern credit. In particular mortgage lending and availability of
credit have been routinely denied on the basis of race for years,
when using race became illegal location was used as a proxy.

In the case of insurance the issue was typically price. Insurance 
companies have not had a history of denying coverage on the basis 
of geography. But mortgage lenders have. since we are talking about
a blocklist rather than something that purports to be an accurate
estimate of probability the credit report analogy is the appropriate
one.

> > Sure it happens, but when it does a person listed can apply to the 
> > courts for damages.
> 
> And get laughed out of them, too.

The cases in this area were won by the plaintifs. Redlining districts
is not legal in this state.

> > Once I had an issue with my mobile provider.
> 
> That doesn't sound like an insurance company or a credit agency.

Mobile service is covered as trade credit.

> > There are curently lawsuits in progress about the use of location
> > data as any form of input to a scoring scheme. 
> 
> "Redlining" is illegal; however, other uses aren't.
> 
> There are "lawsuits in progress" about lots of things.

In this case the outcome of the lawsuits is uncertain, but that only
reinforces my point that you cannot use an analogy to the credit 
report industry to justify 'collateral damage'.

		Phill

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