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You Can’T Say That!: Public Forum Doctrine And Viewpoint Discrimination In The Social Media Era, Micah Telegen Oct 2018

You Can’T Say That!: Public Forum Doctrine And Viewpoint Discrimination In The Social Media Era, Micah Telegen

University of Michigan Journal of Law Reform

The growing prevalence of privately-owned social media platforms is changing the way Americans and their governments communicate. This shift offers new opportunities, but also requires a reinterpretation of the First Amendment’s proscription of government limitations of speech. The public forum doctrine and its proscription of viewpoint discrimination seem particularly stretched by the digital revolution and the development of social media. In ongoing cases, litigants and courts have invoked the doctrine to limit the government’s ability to ‘block’ those who comment critically on government pages—much to the chagrin of those who note the private status of the companies hosting the pages …


Assessing The Evolution Of Cryptocurrency: Demand Factors, Latent Value, And Regulatory Developments, Ryan Clements Oct 2018

Assessing The Evolution Of Cryptocurrency: Demand Factors, Latent Value, And Regulatory Developments, Ryan Clements

Michigan Business & Entrepreneurial Law Review

The purpose of this Comment is to analyze the roots of this fervor— including that which drove Bitcoin’s initial demand surge—and investigate whether cryptocurrency can survive a market bubble that experienced a significant correction in 2018.


A Failure To Regulate? The Demands And Dilemmas Of Tackling Illegal Content And Behaviour On Social Media, Majid Yar Aug 2018

A Failure To Regulate? The Demands And Dilemmas Of Tackling Illegal Content And Behaviour On Social Media, Majid Yar

International Journal of Cybersecurity Intelligence & Cybercrime

The proliferation and user uptake of social media applications has brought in its wake a growing problem of illegal and harmful interactions and content online. Recent controversy has arisen around issues ranging from the alleged online manipulation of the 2016 US presidential election by Russian hackers and ‘trolls’, to the misuse of users’ Facebook data by the political consulting firm Cambridge Analytica (Hall 2018; Swaine & Bennetts 2018). These recent issues notwithstanding, in the UK context, ongoing concern has focused in particular upon (a) sexually-oriented and abusive content about or directed at children, and (b) content that is racially or …


Addressing The Regulator's Dilemma: A Self Drive Framework For Balancing Safety And Innovation, Craig Maughan May 2018

Addressing The Regulator's Dilemma: A Self Drive Framework For Balancing Safety And Innovation, Craig Maughan

Brigham Young University Prelaw Review

Policymakers are tasked with creating regulations that responsibly oversee the growth and deployment of emerging technologies. I argue that the SELF DRIVE Act, currently being deliberated in Congress, offers one such intelligent regulatory structure for autonomous vehicles: it prioritizes public safety over adherence to outdated requirements, giving innovators greater freedom to field-test new designs. More importantly, I examine how key principles of the SELF DRIVE Act should be applied to other emerging technologies currently facing regulatory roadblock. Specifically, I suggest the drone industry be subject to regulatory changes that incentivize safety, allow exploration, and anticipate future growth. Such regulations allow …


Regtech, Compliance And Technology Judgement Rule, Nizan Geslevich Packin Mar 2018

Regtech, Compliance And Technology Judgement Rule, Nizan Geslevich Packin

Chicago-Kent Law Review

This Article focuses on the rise of Financial Technology, which revolutionized consumer financial service products, and challenged policymakers with regulating the rapidly evolving financial industry. In particular, it explores Regulatory Technology, also known as RegTech, which is the finance industry’s use of technology, especially information technology, in the context of regulatory monitoring, reporting and compliance. RegTech is designed to solve industry needs for a more effective and efficient way to automate corporate governance and compliance processes. Not only has FinTech proven to be a vital revenue source, especially in connection with lending or money transmission services, but it also helps …


Corporate Cybersecurity: The International Threat To Private Networks And How Regulations Can Mitigate It, Eric J. Hyla Jan 2018

Corporate Cybersecurity: The International Threat To Private Networks And How Regulations Can Mitigate It, Eric J. Hyla

Vanderbilt Journal of Entertainment & Technology Law

Cyberattacks are occurring at an accelerating pace. Foreign nations are increasingly utilizing hacking as a tool for economic gain, acts of aggression, or international political expression. At risk are US consumers'personal data, private firms' bottom line, and the economies'integrity. In response, federal and state lawmakers have issued a series of disparate, uncoordinated policies seeking to strengthen cybersecurity practices. However, recent events indicate that these policies are less than ideal. This Note suggests that a unified response to cybersecurity is required and calls for the establishment of a single, central federal agency with authority over all cybersecurity regulations. Such an agency …


The Commodification Of Cryptocurrency, Neil Tiwari Jan 2018

The Commodification Of Cryptocurrency, Neil Tiwari

Michigan Law Review

Cryptocurrencies are digital tokens built on blockchain technology. This allows for a product that is fully decentralized, with no need for a third-party intermediary like a government or financial institution. Cryptocurrency creators use initial coin offerings (ICOs) to raise capital to build their tokens. Cryptocurrency ICOs are problematic because they do not fit neatly within either of two traditional categories—securities or commodities. Each of these categories has their own regulatory agency: the SEC for securities and the CFTC for commodities. At first blush, ICOs seem to be a sale of securities subject to regulation by the SEC, but this is …