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- Warren urges Fed, OCC
and FDIC to reverse supervisory policy changes
- Senator warns revised
standards could weaken defenses against AI cyberattacks
- Fed guidance
allegedly raises thresholds for examiner intervention
- OCC and FDIC changes
narrow definitions of unsafe banking practices
- Survey finds 76% of
banks reported increased cyberattacks
- 84% of surveyed banks
are increasing cybersecurity investment
- Warren argues
emerging AI threats cannot always be quantified reliably
- Delayed remediation
could threaten customer data and financial stability
Sen. Elizabeth Warren has called on
three federal banking regulators to reverse recent supervisory policy changes,
warning that restrictions on examiners' authority could expose financial
institutions to increasingly sophisticated artificial intelligence-enabled
cyberattacks.
Warren, the ranking Democrat on the
Senate Banking Committee, urged the Federal Reserve, Office of the Comptroller
of the Currency (OCC) and Federal Deposit Insurance Corp. (FDIC) to rescind
policies she argues weaken regulators' ability to intervene before emerging
cybersecurity threats cause significant financial damage.
In letters sent Friday, Warren
challenged the Federal Reserve's September revisions to its supervisory
operating principles, claiming the changes impose an excessively high threshold
for identifying risks that warrant regulatory action.
According to Warren, the updated
framework prevents examiners from responding unless threats present "an
abnormal probability of abnormal harm," potentially excluding
vulnerabilities where damage is possible but its likelihood or severity remains
uncertain.
She argued that the restrictions were
particularly concerning as advances in AI enable cybercriminals to develop
increasingly sophisticated attacks against financial institutions.
"As advancements in frontier AI
increasingly enable bad actors to conduct cyberattacks, the Fed should be
strengthening bank examiners' supervisory tools and their ability to enforce
strong cybersecurity standards, not gutting them," Warren wrote to Federal
Reserve Vice Chair for Supervision Michelle Bowman.
The senator cited a June Texas
Bankers Association survey showing that 76% of responding banks had experienced
an increase in cybersecurity attacks over the preceding year.
The survey also found that 84% were
increasing cybersecurity investment to address risks associated with AI,
highlighting growing industry concern about the evolving threat environment.
Warren separately challenged August
policy changes introduced by the OCC and FDIC that narrowed the definition of
unsafe and unsound banking practices for supervisory matters requiring
attention.
In correspondence with Comptroller of
the Currency Jonathan Gould and FDIC Chair Travis Hill, she argued that the
revised definition could prevent examiners from requiring remedial action
against cybersecurity weaknesses unless significant financial harm was
considered likely.
"The narrowed definition of an
unsafe or unsound practice means examiners can only take action if it is
'likely,' rather than merely 'possible' or 'plausible,' that a cybersecurity
incident could materially harm the financial condition of an institution,"
Warren wrote.
She warned that such restrictions
could discourage banks from maintaining robust cybersecurity controls and
addressing vulnerabilities before they were exploited.
The difficulty, Warren argued, is
that the potential consequences of emerging AI-enabled attacks cannot always be
accurately quantified.
Financial institutions must assess
complex and evolving threats, including vulnerabilities that have been
identified but have not yet resulted in successful attacks.
Consequently, requiring examiners to
establish that material financial harm is likely could delay intervention until
risks become substantially more serious.
Warren maintained that preventative
supervision was essential to protecting customer information, institutional
resilience and broader financial stability.
"Allowing cybersecurity
vulnerabilities to fester, instead of remediating them early, could lead to
more frequent and severe cyberattacks, threaten the sensitive financial data of
businesses and households, and undermine the stability of the financial
system," she warned.
The intervention highlights growing
political scrutiny of banking supervision as regulators reconsider the
circumstances under which examiners can demand corrective action.
Warren's objections center on whether
supervisory standards should prioritize demonstrable financial harm or allow
earlier intervention when emerging technological threats remain difficult to
measure.
She concluded that restricting
examiners' ability to address cybersecurity vulnerabilities could leave
regulatory leaders sharing responsibility for the consequences of future
attacks on the banking system.