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CoverStory




                                                                commercial  banks  from  engaging  in  most  investment
                                                                banking  activities  and  kept  investment  banks  out  of
                                                                commercial banking, but those barriers were removed in
                                                                1999 with passage of the Gramm-Leach-Bliley Act.

                                                                Some scholars and politicians have suggested the
                   Banks ask Congress for national              deconstruction of Glass-Steagall contributed to risky
                      data protection standards                 behavior that led to the Great Recession. Warren has crafted
                                                                a bipartisan plan to reinstate Glass-Steagall restrictions.
                 The American Bankers Association wants Congress to enact
                 national data protection standards for all companies that
                 handle sensitive consumer financial data.      "Since the core provisions of the Glass-Steagall Act were
                                                                repealed in 1999, a culture of excessive risk-taking has
                                                                taken root in the banking world, placing the financial
                 "It's time to get serious about building a security infrastructure
                 that brings banks, payment networks and retailers together   security of millions of hardworking American taxpayers
                 to safeguard sensitive financial data," James Ballentine,   at risk," said Sen. John McCain, R-Ariz. "Even with the
                 ABA Executive Vice President of Congressional Relations and   thousands  of  pages  of  misguided  and  burdensome
                 Political Affairs, wrote in a May 8, 2017, letter to members of   regulations imposed by Dodd-Frank in the wake of the
                 the House and Senate. "It's time to pass a strong, consistent   2008 financial crisis, there are indications that this culture
                 national standard for fighting data breaches and give   of risky behavior continues today. That's why I believe it
                 consumers the protection they need."           is critical for Congress to reinstate the protections that
                                                                separated main street banks and investment banks."
                 In the United States today, no comprehensive federal law
                 addresses  the collection, use and  protection of  consumers'   McCain; Warren; Sen. Maria Cantwell, D-Wash.; and Sen.
                 personal data. Instead, data security is covered by a patchwork   Angus King, Jr., I-Maine, have signed on to a package of
                 of federal and state laws and regulations, as well as guidelines   reforms known as the 21st Century Glass-Steagall Act
                 developed by regulators and industry groups (for example, the   (S. 881). "Reinstating Glass-Steagall has broad bipartisan
                 Payment Card Industry Data Security Standard).  support, and it's time to get it done," said Sen. Warren in a
                                                                statement about the bill.
                 In his letter, Ballentine said banks are being held to higher
                 data security standards than other businesses. "The financial   Even President Trump suggested he would favor a Glass-
                 services  sector is  highly motivated  to protect  sensitive   Steagall-like wall between traditional and investment
                 consumer data and spends literally hundreds of millions of   banking activities. "I'm looking at that right now," he told
                 dollars a year protecting it," he wrote. "Sadly for American   Bloomberg News in late April.
                 consumers, others are not required to protect consumer
                 data under federal law." Some have even lobbied against   Meanwhile, Sen. Mike Crapo, R-Idaho, Chairman
                 past legislative efforts to create a national data protection   of the Senate Committee on Banking, Housing and
                 standard, he added.                            Urban Affairs, said he's working with Democrats on his
                                                                committee to craft a comprehensive package of changes
                                                                to financial regulations. Crapo, however, has conceded
                 The ABA letter pointed to an impact study by the Identity
                 Theft Resource Center, a nonprofit organization that helps   that he would be hard pressed to get Democrats on board
                 victims of identity theft, to illustrate how superior banks   with any legislation that scales back the CFPB's authority
                 are  at  protecting  consumer  data.  According  to  that  study,   to issue and enforce pro-consumer regulations.
                 just 0.2 percent of data breaches in which customer records
                 were exposed so far this year occurred in the financial sector,   The CFPB has been a partisan battlefront since its inception.
                 while 81.3 percent involved breaches at retailers and other   Republicans routinely blast the bureau for regulatory
                 businesses.                                    overreach. Several have introduced measures to gut
                                                                CFPB actions such as a pending body of rules governing
                                                                prepaid cards. Two Texas Republicans, Sen. Ted Cruz and
                 The ITRC has been collecting information on breaches
                 involving Social Security numbers and credit and debit card   Rep. John Ratcliffe, have introduced legislation (S. 370 and
                 numbers since 2010. In 2016, Social Security numbers were   H.R. 1031, respectively) that would disband the bureau.
                 exposed in 52 percent of breaches, an 8.2 percent increase   Regarding H.R. 1031, Ratcliffe stated he was "optimistic
                 over 2015; just 13.1 percent of 2016 breaches exposed credit   at our renewed chances of advancing this effort with a
                 and debit card numbers, down 7.4 percent from 2015, the ITRC   willing partner in the White House."
                 reported.
                                                                The Financial CHOICE Act would radically alter the CFPB,
                                                                changing its name, replacing its single director with a five-
                                                                member commission subject to congressional oversight
                                                                and appropriations, and repeal its authority to ban bank
                                                                products or services it deems "abusive."

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