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Foreign Direct Investments Into Fintech And Blockchain Technology Startups In Latin America, Y. Tatiana Clavijo, Hernán Pantaleón Dec 2019

Foreign Direct Investments Into Fintech And Blockchain Technology Startups In Latin America, Y. Tatiana Clavijo, Hernán Pantaleón

University of Miami Inter-American Law Review

Technology is changing our everyday lives at a faster rate every minute from artificial intelligence and medical advances in robotics to the upcoming self-driving cars. Every sector of our lives is being impacted, disrupted, and constantly altered by innovations, including our finances. In the developed markets, fintech, or financial technology, is the new and exciting area of product innovation for financial services. The innovations rely on the internet, blockchain technology, and the new and highly controversial digital currencies. Consequently, new digital platforms and mobile applications create new possibilities while being accessible to more people at a lower cost across borders ...


The Struggle To Define Privacy Rights And Liabilities In A Digital World And The Unfortunate Role Of Constitutional Standing, Juan Olano Apr 2018

The Struggle To Define Privacy Rights And Liabilities In A Digital World And The Unfortunate Role Of Constitutional Standing, Juan Olano

University of Miami Law Review

Today’s world runs on data. The creation and improvement of technological products and services depend on the exchange of data between people and companies. As people’s lives become more digitized, companies can collect, store, and analyze more data, and in turn, create better technology. But, because consumer data can be very sensitive (think Social Security numbers, GPS location, fingerprint recognition, etc.) this cyclical exchange comes with serious privacy risks; especially in light of more frequent and sophisticated cyberattacks. This creates a face-off between technological growth and privacy rights. While it makes sense that people should be willing to ...


Industrial Cyber Vulnerabilities: Lessons From Stuxnet And The Internet Of Things, Lawrence J. Trautman, Peter C. Ormerod Apr 2018

Industrial Cyber Vulnerabilities: Lessons From Stuxnet And The Internet Of Things, Lawrence J. Trautman, Peter C. Ormerod

University of Miami Law Review

Cyber breaches continue at an alarming pace with new vulnerability warnings an almost daily occurrence. Discovery of the industrial virus Stuxnet during 2010 introduced a global threat of malware focused toward disruption of industrial control devices. By the year 2020, it is estimated that over 30 billion Internet of Things (IoT) devices will exist. The IoT global market spend is estimated to grow from $591.7 billion in 2014 to $1.3 trillion in 2019 with a compound annual growth rate of 17%. The installed base of IoT endpoints will grow from 9.7 billion in 2014 to more than ...


Justice Beyond Dispute, Mary Anne Franks Jan 2018

Justice Beyond Dispute, Mary Anne Franks

Articles

No abstract provided.


Beyond Norms: Using International Economic Tools To Deter Malicious State-Sponsored Cyber Activities, Kathleen Claussen Jan 2018

Beyond Norms: Using International Economic Tools To Deter Malicious State-Sponsored Cyber Activities, Kathleen Claussen

Articles

In thinking about strategy and doctrine for cyberspace, one cannot ignore either the cyber domain's interaction with other domains or the applicability of existing legal tools to address cyberspace issues. This Comment focuses on the latter and argues that any discussion regarding deterrence and a playbook for consequences for cyber incidents by state actors ought necessarily to include a careful examination of existing plays, particularly where those incidents have an economic component as many do. Focusing on multilateral institutions, regional and bilateral trade and investment agreements, and unilateral tariff and non-tariff trade and investment tools, this Comment maintains that ...


The Desert Of The Unreal: Inequality In Virtual And Augmented Reality, Mary Anne Franks Jan 2017

The Desert Of The Unreal: Inequality In Virtual And Augmented Reality, Mary Anne Franks

Articles

The world we live in is structured by inequality: of gender, race, class, sexual orientation, disability, and more. Virtual and augmented reality technologies hold out the promise of a more perfect world, one that offers us more stimulation, more connection, more freedom, more equality than the "real" world. But for such technologies to be truly innovative, they must move us beyond our current limitations and prejudices. When existing inequalities are unacknowledged and unaddressed in the "real" world, they tend to be replicated and augmented in virtual realities. We make new worlds based on who we are and what we do ...


"Revenge Porn" Reform: A View From The Front Lines, Mary Anne Franks Jan 2017

"Revenge Porn" Reform: A View From The Front Lines, Mary Anne Franks

Articles

The legal and social landscape of "revenge porn" has changed dramatically in the last few years. Before 2013, only three states criminalized the unauthorized disclosure of sexually explicit images of adults and few people had ever heard the ternm "revenge porn." As of July 2017, thirty-eight states and Washington, D.C. had criminalized the conduct; federal criminal legislation on the issue had been introduced in Congress; Google, Facebook, and Twitter had banned nonconsensual pornography from their platforms; and the term "revenge porn" had been added to the Merriam- Webster Dictionary. I have had the privilege of playing a role in ...


Legislating Our Reasonable Expectations: Making The Case For A Statutory Framework To Protect Workplace Privacy In The Age Of Social Media, David Miller Jan 2014

Legislating Our Reasonable Expectations: Making The Case For A Statutory Framework To Protect Workplace Privacy In The Age Of Social Media, David Miller

University of Miami Business Law Review

No abstract provided.


Journalism Standards And "The Dark Arts": The U.K.'S Leveson Inquiry And The U.S. Media In The Age Of Surveillance, Lili Levi Jan 2014

Journalism Standards And "The Dark Arts": The U.K.'S Leveson Inquiry And The U.S. Media In The Age Of Surveillance, Lili Levi

Articles

No abstract provided.


Now Playing At A Youtube Near You: "Innocence Of [Internet Service Providers]", Brian A. Oliver Oct 2013

Now Playing At A Youtube Near You: "Innocence Of [Internet Service Providers]", Brian A. Oliver

University of Miami International and Comparative Law Review

No abstract provided.


The Google Police: How The Indictment Of The Pirate Bay Presents A New Solution To Internet Piracy, Bernard A. Mantel Jan 2012

The Google Police: How The Indictment Of The Pirate Bay Presents A New Solution To Internet Piracy, Bernard A. Mantel

University of Miami Business Law Review

No abstract provided.


Unwilling Avatars: Idealism And Discrimination In Cyberspace, Mary Anne Franks Jan 2011

Unwilling Avatars: Idealism And Discrimination In Cyberspace, Mary Anne Franks

Articles

No abstract provided.


Almost Free: An Analysis Of Icann's 'Affirmation Of Commitments', A. Michael Froomkin Jan 2011

Almost Free: An Analysis Of Icann's 'Affirmation Of Commitments', A. Michael Froomkin

Articles

No abstract provided.


Government Data Breaches, A. Michael Froomkin Jan 2009

Government Data Breaches, A. Michael Froomkin

Articles

No abstract provided.


Property And Probable Cause: The Fourth Amendment's Principled Protection Of Privacy, Ricardo J. Bascuas Jan 2008

Property And Probable Cause: The Fourth Amendment's Principled Protection Of Privacy, Ricardo J. Bascuas

Articles

No abstract provided.


Icann And Antitrust, A. Michael Froomkin Jan 2003

Icann And Antitrust, A. Michael Froomkin

Articles

National identification ("ID") cards appear increasingly inevitable. National ID cards have the potential to be repressive and privacy destroying, but it is also possible to design a system that captures more benefits than costs. Because the United States currently lacks a single, reliable credential, private businesses have trouble authenticating their customers and matching data among distributed databases. This Article argues that the desire for reliable ID creates a window of opportunity for the federal government to strike a bargain: offer private businesses the use of a reliable credential in the form of a national ID card, on the condition that ...


Commentary: Time To Hug A Bureaucrat, A. Michael Froomkin Jan 2003

Commentary: Time To Hug A Bureaucrat, A. Michael Froomkin

Articles

No abstract provided.


Habermas@Discourse.Net: Toward A Critical Theory Of Cyberspace, A. Michael Froomkin Jan 2003

Habermas@Discourse.Net: Toward A Critical Theory Of Cyberspace, A. Michael Froomkin

Articles

No abstract provided.


Form And Substance In Cyberspace, A. Michael Froomkin Jan 2002

Form And Substance In Cyberspace, A. Michael Froomkin

Articles

In this Response to the preceding article by Joe Sims and Cynthia Bauerly, A. Michael Froomkin defends his earlier critique of ICANN. This Response first summarizes the arguments in Wrong Turn In Cyberspace, which explained why ICANN lacks procedural and substantive legitimacy. This Response focuses on how the U.S. government continues to assert control over the domain name system, and how this control violates the APA, the nondelegation doctrine as articulated by the Supreme Court in Carter Coal, and public policy. Professor Froomkin then proposes that ICANN's role be more narrowly focused away from policy making towards true ...


The Cyberpiracy Prevention Act: Reconciling Real Space Sectoral And Geographical Distinctions In The Use Of Internet Domain Names Under The Lanham Act, Stuart A. Weinstein Jan 2001

The Cyberpiracy Prevention Act: Reconciling Real Space Sectoral And Geographical Distinctions In The Use Of Internet Domain Names Under The Lanham Act, Stuart A. Weinstein

University of Miami Business Law Review

No abstract provided.


Wrong Turn In Cyberspace: Using Icann To Route Around The Apa And The Constitution, A. Michael Froomkin Jan 2000

Wrong Turn In Cyberspace: Using Icann To Route Around The Apa And The Constitution, A. Michael Froomkin

Articles

The Internet relies on an underlying centralized hierarchy built into the domain name system (DNS) to control the routing for the vast majority of Internet traffic. At its heart is a single data file, known as the "root." Control of the root provides singular power in cyberspace.

This Article first describes how the United States government found itself in control of the root. It then describes how, in an attempt to meet concerns that the United States could so dominate an Internet chokepoint, the U.S. Department of Commerce (DoC) summoned into being the Internet Corporation for Assigned Names and ...


The Constitution And Encryption Regulation: Do We Need A "New Privacy"?, A. Michael Froomkin Jan 1999

The Constitution And Encryption Regulation: Do We Need A "New Privacy"?, A. Michael Froomkin

Articles

No abstract provided.


Of Governments And Governance, A. Michael Froomkin Jan 1999

Of Governments And Governance, A. Michael Froomkin

Articles

The Magaziner Report focuses on achieving short-term goals without giving sufficient consideration to long-term consequences affecting the structure of Internet governance and democracy in general. This overly pragmatic approach creates a paradoxical climate: overly-friendly to government intervention (in e-commerce regulation) while also overly willing to defer to privatized governance structures (in other areas). As the recent World Intellectual Property Organization ("WIPO") domain name/trademark process demonstrates, certain Internet governance processes raise several questions, not least discerning whether such processes include adequate notice and consultation. More traditional democratic processes, such as legislation and regulation, have routinized means of giving affected parties ...


The Empire Strikes Back, A. Michael Froomkin Jan 1998

The Empire Strikes Back, A. Michael Froomkin

Articles

No abstract provided.


Article 2b As Legal Software For Electronic Contracting-Operating System Or Trojan Horse?, A. Michael Froomkin Jan 1998

Article 2b As Legal Software For Electronic Contracting-Operating System Or Trojan Horse?, A. Michael Froomkin

Articles

The proposed draft of Article 2B of the Uniform Commercial Code can be thought of as akin to a complex computer software suite which seeks to dominate a market by offering all things to all people. The author suggests, however, that Article 2B's electronic contracting rules interoperate poorly with existing digital signature laws, and with some forms of electronic commerce. The author also questions whether Article 2B is the proper means to enact controversial rules that ordinarily would make consumers liable for fraudulent uses of their digital signatures by third parties. After considering Article 2B's potential interaction with ...


It Came From Planet Clipper: The Battle Over Cryptographic Key "Escrow", A. Michael Froomkin Jan 1996

It Came From Planet Clipper: The Battle Over Cryptographic Key "Escrow", A. Michael Froomkin

Articles

No abstract provided.


Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin Jan 1996

Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin

Articles

No abstract provided.