Pro-Market, Pro-Modernity: Let’s All Adopt the EMV-Chip

By Jerry Rogers

I don’t shop on Black Friday, and I am home all day with my family on Thanksgiving; however, I understand too that a modern economy never really sleeps. Why should it? How can it? Frank Sinatra sang about how capitalism’s most important city – New York, New York – is a city that never sleeps.

“I want to wake up, in a city that doesn’t sleep and find I’m king of the hill Top of the heap.”

You don’t make it to the “top of the heap” by keeping your doors closed or by ignoring changing times and technologies. Entrepreneurship, innovation, disruption, and transformation are pillars of free enterprise. Sometimes this requires getting up earlier, staying open longer, welcoming modernity, and embracing new technology.

As Charles Murray has eloquently made clear, “everywhere that capitalism subsequently took hold, national wealth began to increase and poverty began to fall. Everywhere that capitalism didn’t take hold, people remained impoverished. Everywhere that capitalism has been rejected since then, poverty has increased.” Free enterprise is the only system in the history of humankind to lift people – billions of people – out of poverty.

So, for those of you celebrating capitalism this Thanksgiving or Black Friday, take a look at your credit and debit cards. I write this because just this week my bank sent me a new business card with chip technology. My bank is embracing new technology (and modernity) to help protect me from having my accounts hacked.

An astounding 48 percent of the world’s credit card fraud happens in the United States. In recent years, our credit card security has fallen behind most nations, making us the target of choice for fraudsters. Being the weakling in the room is not the proper place for American Entrepreneurship. It’s really kind of sad when Europe is the iPod to America’s Walkman when it comes to banking technology. This must be fixed.

The immediate answer lies in the thumbnail-sized computer chip found in my new bank card – an EMV chip. It stands for Europay, MasterCard, and Visa, the three companies that originally created the standard. Perhaps your bank has already issued you a new EMV chip-enabled card. These chip cards, unlike the magnetic stripe cards we’re all used to, can’t be counterfeited. Though not a panacea to all card-related cybercrime, they are a huge step in the right direction. EMV cards have been the standard in Europe for a decade.

While we know how to make credit cards far more secure, the urgency to embrace this technology has been lacking. Resistance to making the switch to EMV technology in the United States has, not surprisingly, come down to cost. Banks have been slow to issue new cards and retailers have been reluctant to pay for new terminals to read chip cards. For businesses that have to buy multiple terminals, sometimes hundreds, the cost is considerable. But the cost of inaction is too great. Card fraud is expected to top $10 billion in the United States this year alone.

However, we are starting to turn a corner. On October 1, we saw a shift in liability that should provide increased market incentive for banks and retailers to pick up the pace of the EMV transition. For years, a card issuer absorbed the costs associated with counterfeit fraud transactions. Now, liability for fraudulent charges rests on the weakest link in the chain. That means, in case of counterfeit fraud, retailers are responsible if they haven’t upgraded to EMV-enabled terminals and banks are responsible if they haven’t issued consumers new chip cards.

Unfortunately, while banks are making significant progress in issuing new cards to consumers, retailers aren’t moving nearly as quickly to upgrade payment terminals. That’s a shortsighted mistake. While upfront costs of upgrading terminals may be considerable, liability from a major incident of counterfeit card fraud could be crippling.

Quickly adopting EMV technology is the first, critically important step to righting the ship. More work will be needed, but ignoring modernity and technological change is the antithesis to American Entrepreneurship. We are a country of innovators and entrepreneurs, and it is past time we fix this problem.

In the spirit of modernity, maybe I will venture out this Friday to do a little shopping? While out, I’ll finally replace my Walkman with one of these new-fangled iPod things. Happy Thanksgiving.

The Food Bullies of Maine

By Jerry Rogers

Just in time for Thanksgiving the Food Bullies are back looking to ban foods and monitor what we eat – all in the name of what they think is good for the rest of us.

Maine – through its Department of Health and Human Services (DHHS) – is renewing its push to ban certain foods and drinks purchased through the Supplemental Nutrition Assistance Program, or SNAP (food stamps). This time it’s trying to get the United States Department of Agriculture (USDA) to allow a ban as an addition to federal healthy-eating efforts.

According to the Portland Press Herald, “The state Department of Health and Human Services is once again seeking to ban food stamp recipients from using their benefits to purchase candy and soda. The department announced that it will seek a federal waiver to prohibit so-called junk food purchases within SNAP. The move by the department follows several failed efforts to seek the waiver through legislation, including a bill that died in the Legislature this year. This time DHHS will pursue the change through rulemaking.”

How will store clerks distinguish between food purchased through SNAP or with cash? Why should we trust that the surveillance will not spread to all food purchased by all Americans? Conservatives should reject proposals to leverage government agencies (like the USDA) to interfere so deeply in the personal choices of Americans. Monitoring what some Americans put in their grocery carts is decidedly bad policy and anathema to conservative values.

Food surveillance is a misguided, dysfunctional idea that will result in less freedom, bigger government, and more spending.

Whether it’s under the guise of entitlement reform or public health, some politicians may favor food monitoring and restrictions because it’s an easy way to show voters that they’re being good stewards of taxpayer money. On the contrary, if the precedent is set that state governments – on the basis of public health – have the authority to monitor the food choices of the poor, state-bureaucracies from coast to coast will set us down a slippery slope toward the food-police regulating and keeping watch over the diets of all Americans.

There are some politicians who believe that solving nutritional issues is the responsibility of the government. However, a food surveillance program will not make people healthier; it will not save taxpayer money; and it will not reform entitlements. Instead, the food-police will disrupt the free market and create massive state-based food bureaucracies. And if consuming less of an unhealthy food is good for poor people, consuming less of an unhealthy food is good for all people. Food surveillance will have its start in SNAP, but will end up impacting all Americans.

Public health advocates believe that all adults are unable to make responsible decisions about the food and beverages we consume. Conservative advocates and elected officials should stand against paternalistic policies aimed at our diets, and trust the American people to decide for ourselves what is healthy or unhealthy. Food surveillance violates individual liberty, and it creates a gateway for more government intrusion into our lives. Food surveillance is not entitlement reform, and it is not going to make Americans any healthier – as if that’s the government’s business anyway.

CFPB is a Rogue Agency

By Jerry Rogers, Vice President at the Institute for Liberty and Founder of Capitol Allies 

Rep. Scott Garrett (R-NJ) calls on his colleagues to reform the CFPB

Dodd-Frank effectively gave the Consumer Financial Protection Bureau (CFPB) unlimited regulatory power with little congressional oversight. The bureau’s budget is not subject to congressional appropriations—no power of the purse—because the Federal Reserve, not Congress, funds the agency. Given its independence from congressional scrutiny, the CFPB’s power to regulate is essentially a government license to destroy.

Dodd-Frank, however, specifically exempts auto lenders from the grasp of the unaccountable CFPB, but bureaucrats are going around the law and using lenders as agents of government to regulate auto dealers.

It’s time for Congress to reign in this rogue agency.