# Patent

## Title
Tuning product policy using observed evidence of customer behavior

## Abstract

A computer adapted for pay-as-you go or other metered use has a policy for determined what measurements to take to detect fraud as well as steps to take when fraud is found. To optimize between good performance and sufficient tests to reduce the risk of fraud, a policy is developed based on observation of the users behavior, using data taken at the computer, data from a payment processor or both. After analysis, an updated policy is securely loaded at the computer to determine what, and how often to measure for suspected fraud.

## Background
This application is a continuation-in-part of U.S. patent application Ser. No. 11/152,214, filed Jun. 14, 2005, which is a continuation-in-part of U.S. patent application Ser. No. 11/022,493, filed Dec. 22, 2004, which is a continuation-in-part of U.S. patent application Ser. No. 11/006,837, filed Dec. 8, 2004, which is a continuation-in-part of U.S. patent application Ser. No. 10/989,122, filed Nov. 15, 2004.


BACKGROUND
Systems for managing financial risk have taken many forms. Credit card companies routinely monitor transactions watching for fraudulent behavior. Credit limits are based on past performance with respect to spending and bill payment. Individuals and companies with good credit histories may be afforded higher credit limits and more lenient policies with respect to use of a credit line. In many of these cases, each transaction is analyzed and approved on a transaction by transaction basis. Further, in many instances the actual financial instrument is relatively inexpensive, for example, a plastic credit card may cost less than a dime. In other instances, for example, a cellular telephone system, the cellular phone may have some value but may be rendered essentially useless when access to the network is denied.
However, in the case of a pay-per-use or pay-as-you-go computer, the asset, that is the computer, has high value and may offer valuable functionality even when disconnected from a network. Analyzing, measuring, and controlling risk on such a platform presents unique challenges to risk management.
SUMMARY
Data related to operation of a pay-per-use or pay-as-you-go computer may be gathered from the computer itself and from data related to financial transactions and other credit-related information. Using this information, policies may be developed specifying how closely to monitor operation of the computer for fraudulent activity as well as setting the level of response to suspected fraudulent activity. Monitoring the operation of the computer may involve not only what measurements to take, but how often to take the measurements. Taking too many measurements may affect computer performance and lower user satisfaction with the computing experience. Under-measuring may increase the risk to an underwriter from loss due to fraudulent activity. By setting the policy based on the user's observed behavior, using either data gathered at the computer, financial transaction records, or both, a balance may be achieved.



BRIEF DESCRIPTION OF THE DRAWINGS
FIG. 1 is a simplified and representative block diagram of a computer network;
FIG. 2 is a block diagram of a computer that may be connected to the network of FIG. 1;
FIG. 3 is a block diagram of a computer showing details of a secure execution environment and its relationship to other functional elements of the computer; and
FIG. 4 a flow chart depicting a method of tuning product policy based on observed user behavior.



DETAILED DESCRIPTION OF VARIOUS EMBODIMENTS
Although the following text sets forth a detailed description of numerous different embodiments, it should be understood that the legal scope of the description is defined by the words of the claims set forth at the end of this disclosure. The detailed description is to be construed as exemplary only and does not describe every possible embodiment since describing every possible embodiment would be impractical, if not impossible. Numerous alternative embodiments could be implemented, using either current technology or technology developed after the filing date of this patent, which would still fall within the scope of the claims.
It should also be understood that, unless a term is expressly defined in this patent using the sentence “As used herein, the term ‘——————’ is hereby defined to mean . . . ” or a similar sentence, there is no intent to limit the meaning of that term, either expressly or by implication, beyond its plain or ordinary meaning, and such term should not be interpreted to be limited in scope based on any statement made in any section of this patent (other than the language of the claims). To the extent that any term recited in the claims at the end of this patent is referred to in this patent in a manner consistent with a single meaning, that is done for sake of clarity only so as to not confuse the reader, and it is not intended that such claim term by limited, by implication or otherwise, to that single meaning. Finally, unless a claim element is defined by reciting the word “means” and a function without the recital of any structure, it is not intended that the scope of any claim element be interpreted based on the application of 35 U.S.C. §112, sixth paragraph.
Much of the inventive functionality and many of the inventive principles are best implemented with or in software programs or instructions and integrated circuits (ICs) such as application specific ICs. It is expected that one of ordinary skill, notwithstanding possibly significant effort and many design choices motivated by, for example, available time, current technology, and economic considerations, when guided by the concepts and principles disclosed herein will be readily capable of generating such software instructions and programs and ICs with minimal experimentation. Therefore, in the interest of brevity and minimization of any risk of obscuring the principles and concepts in accordance to the present invention, further discussion of such software and ICs, if any, will be limited to the essentials with respect to the principles and concepts of the preferred embodiments.
FIG. 1 illustrates a network 10 that may be used to implement a pay-per-use computer system. The network 10 may be the Internet, a virtual private network (VPN), or any other network that allows one or more computers, communication devices, databases, etc., to be communicatively connected to each other. The network 10 may be connected to a personal computer 12 and a computer terminal 14 via an Ethernet 16 and a router 18, and a landline 20. On the other hand, the network 10 may be wirelessly connected to a laptop computer 22 and a personal data assistant 24 via a wireless communication station 26 and a wireless link 28. Similarly, a server 30 may be connected to the network 10 using a communication link 32 and a mainframe 34 may be connected to the network 10 using another communication link 36.
In the case of a pay-per-use or pay-as-you-go model, the elements of FIG. 1 may be used to illustrate system components. Metered devices, that is, pay-per-use or pay-as-you-go hardware and/or software, may be represented by personal computer 12, laptop computer 22, personal data assistant 24, or server 30. The mainframe 34, or one or more servers 30 may represent the infrastructure side of the system, for example, clearinghouse functions, payment system functions, or provisioning system functions, etc.
FIG. 2 illustrates a computing device in the form of a computer 110 that may be connected to the network 10 and used to implement one or more components of the dynamic software provisioning system. Components of the computer 110 may include, but are not limited to, a processing unit 120, a system memory 130, and a system bus 121 that couples various system components including the system memory 130 to the processing unit 120. The system bus 121 may be any of several types of bus structures including a memory bus or memory controller, a peripheral bus, and a local bus using any of a variety of bus architectures. By way of example, and not limitation, such architectures include Industry Standard Architecture (ISA) bus, Micro Channel Architecture (MCA) bus, Enhanced ISA (EISA) bus, Video Electronics Standards Association (VESA) local bus, and Peripheral Component Interconnect (PCI) bus also known as Mezzanine bus.
The processing unit 120 may also include a secure execution environment 125. In another embodiment, the secure execution environment 125 may be a standalone component, as shown by the dashed lines of FIG. 2. The secure execution environment 125 and its interaction with the processing unit 120, or equivalent devices, is discussed in more detail below with respect to FIG. 3 and FIG. 4.
The computer 110 typically includes a variety of computer readable media. Computer readable media can be any available media that can be accessed by computer 110 and includes both volatile and nonvolatile media, removable and non-removable media. By way of example, and not limitation, computer readable media may comprise computer storage media and communication media. Computer storage media includes volatile and nonvolatile, removable and non-removable media implemented in any method or technology for storage of information such as computer readable instructions, data structures, program modules or other data. Computer storage media includes, but is not limited to, RAM, ROM, EEPROM, flash memory or other memory technology, CD-ROM, digital versatile disks (DVD) or other optical disk storage, magnetic cassettes, magnetic tape, magnetic disk storage or other magnetic storage devices, or any other medium which can be used to store the desired information and which can accessed by computer 110. Communication media typically embodies computer readable instructions, data structures, program modules or other data in a modulated data signal such as a carrier wave or other transport mechanism and includes any information delivery media. The term “modulated data signal” means a signal that has one or more of its characteristics set or changed in such a manner as to encode information in the signal. By way of example, and not limitation, communication media includes wired media such as a wired network or direct-wired connection, and wireless media such as acoustic, radio frequency, infrared and other wireless media. Combinations of the any of the above should also be included within the scope of computer readable media.
The system memory 130 includes computer storage media in the form of volatile and/or nonvolatile memory such as read only memory (ROM) 131 and random access memory (RAM) 132. A basic input/output system 133 (BIOS), containing the basic routines that help to transfer information between elements within computer 110, such as during start-up, is typically stored in ROM 131. RAM 132 typically contains data and/or program modules that are immediately accessible to and/or presently being operated on by processing unit 120. By way of example, and not limitation, FIG. 2 illustrates operating system 134, application programs 135, other program modules 136, and program data 137.
The computer 110 may also include other removable/non-removable, volatile/nonvolatile computer storage media. By way of example only, FIG. 2 illustrates a hard disk drive 140 that reads from or writes to non-removable, nonvolatile magnetic media, a magnetic disk drive 151 that reads from or writes to a removable, nonvolatile magnetic disk 152, and an optical disk drive 155 that reads from or writes to a removable, nonvolatile optical disk 156 such as a CD ROM or other optical media. Other removable/non-removable, volatile/nonvolatile computer storage media that can be used in the exemplary operating environment include, but are not limited to, magnetic tape cassettes, flash memory cards, digital versatile disks, digital video tape, solid state RAM, solid state ROM, and the like. The hard disk drive 141 is typically connected to the system bus 121 through a non-removable memory interface such as interface 140, and magnetic disk drive 151 and optical disk drive 155 are typically connected to the system bus 121 by a removable memory interface, such as interface 150.
The drives and their associated computer storage media discussed above and illustrated in FIG. 2, provide storage of computer readable instructions, data structures, program modules and other data for the computer 110. In FIG. 2, for example, hard disk drive 141 is illustrated as storing operating system 144, application programs 145, other program modules 146, and program data 147. Note that these components can either be the same as or different from operating system 134, application programs 135, other program modules 136, and program data 137. Operating system 144, application programs 145, other program modules 146, and program data 147 are given different numbers here to illustrate that, at a minimum, they are different copies. A user may enter commands and information into the computer 20 through input devices such as a keyboard 162 and pointing device 161, commonly referred to as a mouse, trackball or touch pad. Another input device may be a camera for sending images over the Internet, known as a web cam 163. Other input devices (not shown) may include a microphone, joystick, game pad, satellite dish, scanner, or the like. These and other input devices are often connected to the processing unit 120 through a user input interface 160 that is coupled to the system bus, but may be connected by other interface and bus structures, such as a parallel port, game port or a universal serial bus (USB). A monitor 191 or other type of display device is also connected to the system bus 121 via an interface, such as a video interface 190. In addition to the monitor, computers may also include other peripheral output devices such as speakers 197 and printer 196, which may be connected through an output peripheral interface 195.
The computer 110 may operate in a networked environment using logical connections to one or more remote computers, such as a remote computer 180. The remote computer 180 may be a personal computer, a server, a router, a network PC, a peer device or other common network node, and typically includes many or all of the elements described above relative to the computer 110, although only a memory storage device 181 has been illustrated in FIG. 2. The logical connections depicted in FIG. 2 include a local area network (LAN) 171 and a wide area network (WAN) 173, but may also include other networks. Such networking environments are commonplace in offices, enterprise-wide computer networks, intranets and the Internet.
When used in a LAN networking environment, the computer 110 is connected to the LAN 171 through a network interface or adapter 170. When used in a WAN networking environment, the computer 110 typically includes a modem 172 or other means for establishing communications over the WAN 173, such as the Internet. The modem 172, which may be internal or external, may be connected to the system bus 121 via the user input interface 160, or other appropriate mechanism. In a networked environment, program modules depicted relative to the computer 110, or portions thereof, may be stored in the remote memory storage device. By way of example, and not limitation, FIG. 2 illustrates remote application programs 185 as residing on memory device 181. It will be appreciated that the network connections shown are exemplary and other means of establishing a communications link between the computers may be used.
FIG. 3 is a block diagram of a secure execution environment 302, the same as, or similar to, the secure execution environment 125 of FIG. 2. The secure execution environment 302 include a secure memory 304. Secure memory 304 may be used to store data, executable programs, cryptographic keys, or other information in a secure, tamper-resistant manner. Specifically, the secure memory 304 may store policy information 306, history data 308 corresponding to previous measurements and/or sanction activity, and a hardware identifier 310 used to identify the computer 110.
The secure execution environment 302 may include a measurement circuit 312 and a sanction circuit 314. The measurement circuit 312 may be used to gather data about the operation of the computer 110, particularly as it relates to conformance to the policy 306. The sanction circuit 314 may be invoked when it is determined that the computer 110 is not operating in conformance to the policy 306. The nature and severity of sanctions may be determined by the policy 306. The measurement circuit 312 and the sanction circuit 314 may also be implemented in software and executed by the processing unit 120.
FIG. 4, a flow chart of a method of tuning product policy, is discussed and described. A data collection policy may be determined at block 402. The data collection policy pertains to those measurements that will be used for tuning the policy and in turn setting operational measurements for measuring compliance to an operating policy. The data collection policy may be a default or a policy initially installed prior to delivery to the end-user.
Measurements may then be taken at block 404 to collect data at the computer according to the data collection policy of block 402. The data collected, for use in determining a risk factor, may include component verification, metering activity, clock verification, previous enforcement action, provisioning packet activity, and application usage. Component verification may include measurements to ensure that certain elements of the computer are present and operating properly, for example peripheral units may be bound to the computer 110 as part of a package. Data collected with respect to metering activity may analyze patterns of metering and duration of metering to determine if they fall within normal or historical usage patterns and if they match other measurements such as application usage. A history of provisioning packet receipt may also be used to determine risk. For example, application usage should not greatly exceed metering, nor should metering greatly exceed value corresponding to provisioning packet downloads.
The collected data may be analyzed locally and results sent to a server, such as server 30 of FIG. 1, at block 406. Alternatively, the raw data may be sent to a server at block 406 with the analysis done at the server.
The data collection policy at block 402 may also specify data to be collected by the server 30 at block 408. Data collected at the server may include commercially available credit data, local data corresponding to payment history, history data about previous sanctions, customer service data such as contact with a support center, and the like.
The data collected both at the computer 110 and at the server may be merged, if both are used, at block 410 and further analyzed to determine a risk factor. The risk factor may then be used to set a risk policy. In one embodiment, the risk factor directly corresponds to a policy, while in another embodiment the risk factor may be used to select from predetermined policies. The policy, or a policy identifier, may be sent to the computer 110 at block 412. The policy may be coded as an XML schema. The policy may be signed or signed and encrypted so that fraudulent policies are not accepted by the computer 110.
In one embodiment, the risk factor or related data may be programmatically exposed, for example, using an application program interface, for sharing with other entities. In some target markets, the risk factor or related data may be the only financial history or record of responsibility available for a user. The risk factor generated by use of the computer 110 may be a valuable first step in developing a recognition of fiscal responsibility and provide a standardized way of quantifying such information. Making such data available, especially programmatically, may be a valuable side effect of the measurements and calculation of risk factor.
When the policy has been verified and installed the computer 110 may resume operation using the updated policy. As discussed above, the policy may include setting criteria for measuring compliance with the policy and may include collection of data corresponding to a periodic signal from the operating system, e.g. an operating system heartbeat. The operating system heartbeat may be a regular signal, in some embodiments, a signed signal, indicating that an approved, valid version of the operating system is running. Other measurements may include some of those taken previously, as well as others, depending on the policy, such as verification of designated files or components, monitoring a system clock for tampering, verification of standard operating modes, frequency and type of memory access, and continued comparison of time between provisioning cycles and metered usage. Measurements may be taken and data stored by the secure execution environment 125.
The measurement data may be analyzed to determine compliance with the policy at block 416. If the measurement data indicates compliance with the policy the yes branch from block 416 may be taken to block 414 and in more measurement data may be collected.
When an analysis of the measurement data at block 416 indicates noncompliance with the policy, the no branch may be taken and a sanction imposed at block 418. Depending on the settings of the policy, a range of sanctions may be imposed, as discussed above, ranging from a warning to disabling the computer 110.
Although the forgoing text sets forth a detailed description of numerous different embodiments of the invention, it should be understood that the scope of the invention is defined by the words of the claims set forth at the end of this patent. The detailed description is to be construed as exemplary only and does not describe every possibly embodiment of the invention because describing every possible embodiment would be impractical, if not impossible. Numerous alternative embodiments could be implemented, using either current technology or technology developed after the filing date of this patent, which would still fall within the scope of the claims defining the invention.
Thus, many modifications and variations may be made in the techniques and structures described and illustrated herein without departing from the spirit and scope of the present invention. Accordingly, it should be understood that the methods and apparatus described herein are illustrative only and are not limiting upon the scope of the invention.

## Claims

1. A method of determining and enforcing a risk policy on a pay-per-use device, the method comprising:
collecting and storing operational data at the pay-per-use device, wherein the operational data indicates a metered measurement of usage by a user of the pay-per-use device based on user input by the user to the pay-per-use device, wherein the pay-per-use device includes a processor, memory, and an input and/or output device, and the processor of the pay-per-use device is configured to collect and store the operational data and to perform a local analysis of the operational data;
collecting and storing user financial data reflecting at least one of payment history or credit data associated with the user;
determining a risk factor based on the operational data and the user financial data, the risk factor being associated with the user;
setting the risk policy based on the determined risk factor, the risk policy being determined from a plurality of available risk policies, the risk policy including measurement criteria for collecting measurement data by the pay-per-use device to assess compliance with the risk policy when monitoring subsequent activity at the pay-per-use device, wherein the risk policy includes sanctions for non-compliance with the risk policy; and
collecting the measurement data during the subsequent activity at the pay-per-use device to determine compliance with the risk policy, wherein the collecting of the measurement data is performed according to the measurement criteria, and the collecting of the measurement data is accomplished at a tamper resistant secure component using the processor of the pay-per-use device to determine compliance with the risk policy,
wherein the measurement criteria for collecting the measurement data at the pay-per-use device are based on both the operational data collected at the pay-per-use device and the user financial data.

2. The method of claim 1, further comprising:
analyzing the measurement data at the tamper resistant secure component to determine compliance with the risk policy; and
imposing one or more of the sanctions on the pay-per-use device when the tamper resistant secure component determines non-compliance with the risk policy.

3. The method of claim 1, wherein the user financial data is collected at a server separate from the pay-per-use device.

4. The method of claim 1, wherein collecting the data comprises collecting the operational data at the pay-per-use device and reporting the operational data to a server separate from the pay-per-use device.

5. The method of claim 1, wherein the financial data reflects the payment history including at least a frequency of payments by the user.

6. The method of claim 1, wherein the operational data reflects at least one of a component verification, a clock verification, a previous enforcement action, a provisioning packet activity, and an application usage.

7. The method of claim 6, further comprising programmatically exposing the risk factor for use by an external entity.

8. The method of claim 1, wherein the measurement criteria specify that the measurement data includes at least one of an operating system heartbeat, a verification of designated files, a verification of a system clock, an operating mode, a frequency of memory access, or a time between provisioning cycles.

9. The method of claim 1, wherein the measurement criteria specify that the measurement data includes:
an operating system heartbeat,
a verification of designated files,
a verification of a system clock,
an operating mode,
a frequency of memory access, and
a time between provisioning cycles.

10. The method of claim 1, wherein the measurement criteria specify how often the measurement data are collected at the pay-per-use device.

11. The method according to claim 1, wherein the measurement criteria specify particular measurements that are taken at the pay-per-use device to collect the measurement data.

12. The method according to claim 1, wherein the plurality of available risk policies include different measurement criteria that are associated with different payment histories than the payment history associated with the user.

13. The method according to claim 1, wherein the plurality of available risk policies include different measurement criteria that are associated with different credit data than the credit data associated with the user.

14. The method according to claim 1, the risk factor being further based on customer service data reflecting previous contact by the user with a support center.

15. The method according to claim 1, wherein the measurement criteria specify an operating system heartbeat comprising a signed signal indicating that an approved, valid version of an operating system is executing on the pay-per-use device.

16. The method according to claim 1, wherein setting the risk policy comprises replacing another risk policy that is installed on the pay-per-use device prior to delivery of the pay-per-use device to the user.

17. The method according to claim 1 wherein the measurement data identify whether a peripheral unit of the pay-per-use device is present and operating properly.

18. The method according to claim 1, wherein the tamper resistant secure component comprises a secure memory.

19. The method according to claim 1, wherein collecting the measurement data further comprises analyzing whether the measurement data fall within normal or historical usage patterns.

20. The method according to claim 19, further comprising sending the measurement data to a server that analyzes whether the measurement data fall within normal or historical usage patterns.