Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 11 of 11
Full-Text Articles in Law
Digital Dollar: Privacy And Transparency Dilemma, Jiaying Jiang
Digital Dollar: Privacy And Transparency Dilemma, Jiaying Jiang
UF Law Faculty Publications
Many have voiced concerns that a digital dollar, a digital form of central bank money, will facilitate government surveillance, thus depriving users of privacy. Contrary to popular belief, this Article investigates critical technical designs proposed by leading think tanks, central banks, and scholars from interdisciplinary fields, it reaches a surprising conclusion: a digital dollar can offer better privacy protection than existing digital payment systems. The Article argues that those expressing concerns have made two flawed assumptions: (1) that the digital dollar data is fully transparent regarding personal information and transaction details, and (2) that the government or the Federal Reserve …
Technology Regulation By Default: Platforms, Privacy, And The Cfpb, Rory Van Loo
Technology Regulation By Default: Platforms, Privacy, And The Cfpb, Rory Van Loo
Faculty Scholarship
In the absence of a technology-focused regulator, diverse administrative agencies have been forced to develop regulatory models for governing their sphere of the data economy. These largely uncoordinated efforts offer a laboratory of regulatory experimentation on governance architecture. This symposium essay explores what the Consumer Financial Protection Bureau (CFPB) has done in its first several years to regulate financial technology (“fintech”), in the context of broader technology-related concerns identified in the literature. It begins with a survey of what the CFPB has undertaken using more traditional administrative agency tools—enforcement and rulemaking—in areas such as privacy, consumer control over data, and …
Consumer Bitcredit And Fintech Lending, Christopher K. Odinet
Consumer Bitcredit And Fintech Lending, Christopher K. Odinet
Faculty Scholarship
The digital economy is changing everything, including how we borrow money. In the wake of the 2008 crisis, banks pulled back in their lending and, as a result, many consumers and small businesses found themselves unable to access credit. A wave of online firms called fintech lenders have filled the space left vacant by traditional financial institutions. These platforms are fast making antiques out of many mainstream lending practices, such as long paper applications and face-to-face meetings. Instead, through underwriting by automation — utilizing big data (including social media data) and machine learning — loan processing that once took days …
Newsroom: Freedman On Credit Reports 02-12-2016, Roger Williams University School Of Law
Newsroom: Freedman On Credit Reports 02-12-2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Impact Of Opt-In Privacy Rules On Retail Credit Markets: A Case Study Of Mbna, Fred H. Cate, Michael Staten
The Impact Of Opt-In Privacy Rules On Retail Credit Markets: A Case Study Of Mbna, Fred H. Cate, Michael Staten
Articles by Maurer Faculty
U.S. privacy laws are increasingly moving from a presumption that consumers must object to ("opt out" of) uses of personal data they wish to prohibit to a requirement that they must explicitly consent ("opt in") to uses they wish to permit. Despite the growing reliance on opt-in rules, there has been little empirical research on their costs. This Article examines the impact of opt-in on MBNA Corporation, a diversified, multinational financial institution. The authors demonstrate that opt-in would raise account acquisition costs and lower profits, reduce the supply of credit and raise credit card prices, generate more offers to uninterested …
21st Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
21st Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Continuing Legal Education Materials
Materials from the 21st Annual Conference on Legal Issues For Financial Institutions held by UK/CLE in April of 2001.
Logos, Links, And Lending: Towards Standardized Privacy And Use Policies For Banking Web Sites, Walter Effross
Logos, Links, And Lending: Towards Standardized Privacy And Use Policies For Banking Web Sites, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Piracy, Privacy, And Privitization: Fictional And Legal Approaches To The Electronic Future Of Cash, Walter Effross
Piracy, Privacy, And Privitization: Fictional And Legal Approaches To The Electronic Future Of Cash, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A Contractual Approach To Data Privacy, Stephanos Bibas
A Contractual Approach To Data Privacy, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
Rip To Irp - Money Laundering And Drug Trafficking Controls Score A Knockout Victory Over Bank Secrecy, Berta E. Hernández-Truyol
Rip To Irp - Money Laundering And Drug Trafficking Controls Score A Knockout Victory Over Bank Secrecy, Berta E. Hernández-Truyol
UF Law Faculty Publications
This Article reviews the evolution of bank secrecy laws and comments on the erosion of rights effected by the domestic and international efforts to curb drug trafficking and money laundering. Part II reviews the evolution of bank secrecy laws in the international sphere and views the origins of the individuals' right to financial privacy. Specifically, Part II focuses on the laws of Switzerland and England to show the bases and proliferation of secrecy protections. Part III provides the background of the status of financial privacy in the United States. The following two parts describe initiatives aimed at eliminating drug trafficking …
The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg
The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg
Faculty Scholarship
This article addresses the challenge to transnational financial services resulting from national regulation of information processing. National laws around the world seek to define fair information practices for the private sector and contain prohibitions on data transfers to foreign destinations that lack sufficient privacy protection. The effect of these laws for the financial services industry is significant because financial services depend on personal information. The article argues that the international attempts to harmonize information practice standards and the national efforts to regulate information processing encourage divergence of national standards for financial services. It argues that regulatory flexibility and customization is …