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Fatal Fragments: The Effect Of Money Transmission Regulation On Payments Innovation, Benjamin Lo 2017 Yale Law School

Fatal Fragments: The Effect Of Money Transmission Regulation On Payments Innovation, Benjamin Lo

Yale Journal of Law and Technology

A revolution in payments technology is taking place, as entrepreneurs develop new and innovative ways to send, receive, and store money. However, payment startups are running headlong into a thicket of federal and state money transmitter regulations, which impose costly registration and reporting requirements to prevent money laundering and protect consumers. The regulatory burden is particularly heavy at the state level, since each state defines "money transmission" differently. Payments startups must deal with highly fragmented regulation across states early in their lives, resulting in large and often redundant compliance costs while offering comparatively less marginal benefit to consumers. However, this ...


When Competition Fails To Optimize Quality: A Look At Search Engines, Maurice E. Stucke, Ariel Ezrachi 2017 Professor, University of Tennessee College of Law

When Competition Fails To Optimize Quality: A Look At Search Engines, Maurice E. Stucke, Ariel Ezrachi

Yale Journal of Law and Technology

The European Commission's Statement of Objections forms the latest addition to the ongoing debate on the possible misuse of Google's position in the search engine market. The scholarly debate, however, has largely been over the exclusionary effects of search degradation. Less attention has been dedicated to the dimension of quality - whether and how a search engine, faced with rivals, could degrade quality on the free side. We set out to address this fundamental question: with the proliferation of numerous web search engines and their free usage and availability, could any search engine degrade quality? We begin our analysis ...


A Warrant To Hack: An Analysis Of The Proposed Amendments To Rule 41 Of The Federal Rules Of Criminal Procedure, Zach Lerner 2017 Yale Law School

A Warrant To Hack: An Analysis Of The Proposed Amendments To Rule 41 Of The Federal Rules Of Criminal Procedure, Zach Lerner

Yale Journal of Law and Technology

In 2013, a federal magistrate judge denied an FBI request for a remote access search warrant, concluding that, among other deficiencies, Rule 41 of the Federal Rules of Criminal Procedure prevented him from granting a warrant to hack a computer when the location of the device was not known. Just five months later, the DOJ proposed amendments to Rule 41 seeking to eliminate the territorial limits on search warrants in two cybercrime contexts: (1) when suspects conceal their online locations and identities; and (2) when malware af fects users in five or more districts. Despite approval from the necessary judicial ...


The Economic Calculus Of Fielding Autonomous Fighting Vehicles Compliant With The Laws Of Armed Conflict, Evan Wallach, Erik Thomas 2017 Circuit Judge, U.S. Court of Appeals for the Federal Circuit; Adjunct Professor of Law, The George Washington University Law School

The Economic Calculus Of Fielding Autonomous Fighting Vehicles Compliant With The Laws Of Armed Conflict, Evan Wallach, Erik Thomas

Yale Journal of Law and Technology

The U.S. military and others worldwide have undergone a rapid evolution in the numbers, sophistication and lethality of the robotic weaponry that they deploy to the battlefield. The rate of transformation in the field of robotics and weapons technology raises numerous questions about what legal considerations should be made as we approach the step beyond remotely controlled drone weaponry to fully autonomous fighting vehicles as human operated weapons evolve into self-directed warriors.


Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman 2017 New York Law School

Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman

Indiana Law Journal

How to draw the line between public and private is a foundational, first-principles question of privacy law, but the answer has implications for intellectual property, as well. This project is one in a series of papers about first-person disclosures of information in the privacy and intellectual property law contexts, and it defines the boundary between public and nonpublic information through the lens of social science —namely, principles of trust.

Patent law’s public use bar confronts the question of whether legal protection should extend to information previously disclosed to a small group of people. I present evidence that shows that ...


Defining Biometrics: Toward A Transnational Ethic Of Personal Information, Nicola Morrow 2017 Macalester College

Defining Biometrics: Toward A Transnational Ethic Of Personal Information, Nicola Morrow

International Studies Honors Projects

Innovations in biotechnology, computer science, and engineering throughout the late 20th and early 21st centuries dramatically expanded possible modes of data-based surveillance and personal identification. More specifically, new technologies facilitated enormous growth in the biometrics sector. The response to the explosion of biometric technologies was two-fold. While intelligence agencies, militaries, and multinational corporations embraced new opportunities to fortify and expand security measures, many individuals objected to what they perceived as serious threats to privacy and bodily autonomy. These reactions spurred both further technological innovation, and a simultaneous proliferation of hastily drafted policies, laws, and regulations governing the collection ...


Debating Employee Non-Competes And Trade Secrets, Sharon K. Sandeen, Elizabeth A. Rowe 2017 University of Florida Levin College of Law

Debating Employee Non-Competes And Trade Secrets, Sharon K. Sandeen, Elizabeth A. Rowe

UF Law Faculty Publications

Recently, a cacophony of concerns have been raised about the propriety of noncompetition agreements (NCAs) entered into between employers and employees, fueled by media reports of agreements which attempt to restrain low-wage and low-skilled workers, such as sandwich makers and dog walkers. In the lead-up to the passage of the federal Defend Trade Secrets Act of 2016 (DTSA), public policy arguments in favor of employee mobility were strongly advocated by those representing the “California view” on the enforceability of NCAs, leading to a special provision of the DTSA which limits injunctive relief with respect to employee NCAs.

Through our lens ...


Implementing High Frequency Trading Regulation: A Critical Analysis Of Current Reforms, Michael Morelli 2017 United States Court of Appeals for the First Circuit

Implementing High Frequency Trading Regulation: A Critical Analysis Of Current Reforms, Michael Morelli

Michigan Business & Entrepreneurial Law Review

Technological developments in securities markets, most notably high frequency trading, have fundamentally changed the structure and nature of trading over the past fifty years. Policymakers, both domestically and abroad, now face many new challenges influencing the secondary market’s effectiveness as a generator of economic growth and stability. Faced with these rapid structural changes, many are quick to denounce high frequency trading as opportunistic and parasitic. This article, however, instead argues that while high frequency trading presents certain general risks to secondary market efficiency, liquidity, stability, and integrity, the practice encompasses a wide variety of strategies, many of which can ...


Bitcoin's Growing Pains: Intermediation And The Need For An Effective Loss Allocation Mechanism, Andrew Kang 2017 University of Michigan Law School

Bitcoin's Growing Pains: Intermediation And The Need For An Effective Loss Allocation Mechanism, Andrew Kang

Michigan Business & Entrepreneurial Law Review

This paper examines a phenomenon largely overlooked in existing literature: as Bitcoin matures into a mainstream consumer payments system with the rise of intermediation and hosted wallet services, it is slowly transforming from a purely decentralized peer-to-peer currency into something that (ironically) more closely resembles the bank-intermediated payment systems of the past. This paper explains how this transformation creates complicated issues of loss allocation not anticipated by Bitcoin’s founder. Further, it argues for the need of an effective legal mechanism to efficiently and fairly allocate losses between intermediaries and users. The first section of this paper will explain how ...


New Threats To Vehicle Safety: How Cybersecurity Policy Will Shape The Future Of Autonomous Vehicles, Caleb Kennedy 2017 University of Michigan Law School

New Threats To Vehicle Safety: How Cybersecurity Policy Will Shape The Future Of Autonomous Vehicles, Caleb Kennedy

Michigan Telecommunications and Technology Law Review

This note assesses the threat that hacking and related cybersecurity issues will pose to autonomous vehicles. Given the sweeping safety benefits autonomous vehicles will potentially bring to society, protecting against hacking and cyber-threats must be one of the top priorities for industry and public safety officials if autonomous vehicles are to gain widespread acceptance in the market. It proposes a framework for how these concerns should be addressed and how we can mitigate the risks. It addresses both proactive and reactive measures that can be taken by manufacturers, how to incentivize these measures, and the role cyber-insurance can play in ...


Steering Consumers Toward Driverless Vehicles: A Federal Rebate Program As A Catalyst For Early Technology Adoption, Marie Williams 2017 University of Michigan Law School

Steering Consumers Toward Driverless Vehicles: A Federal Rebate Program As A Catalyst For Early Technology Adoption, Marie Williams

Michigan Telecommunications and Technology Law Review

In the not-too-distant future, your car could drive itself; technology companies and automobile manufacturers alike are currently developing driverless vehicle technology. While there are many touted benefits to driverless vehicles, perhaps the most important societal benefit is a reduction in automobile accidents. Currently, car crashes are one of the leading causes of death in the United States, and the majority of accidents are caused by human error. Unlike humans, driverless vehicles will not get distracted, significantly decreasing the number of car crash fatalities that happen each year.

In order for driverless vehicles to save lives, driverless vehicles must be on ...


Jailbreak!: What Happens When Autonomous Vehicle Owners Hack Into Their Own Cars, Michael Sinanian 2017 University of Michigan Law School

Jailbreak!: What Happens When Autonomous Vehicle Owners Hack Into Their Own Cars, Michael Sinanian

Michigan Telecommunications and Technology Law Review

Autonomous and connected vehicles (ACVs) are a transformational force for humanity. It is highly likely that some owners of ACVs will circumvent their vehicle software to expose unauthorized functionality, known as “jailbreaking”. This would trigger copyright liability, the extent of which would be dependent upon the copyright system’s various rulemaking processes and common law interpretations. This note explores the world of software “jailbreaking”, with its roots in smartphone unlocking, and extrapolates that to ACVs. Some compelling (and at times dangerous) scenarios are contemplated, and recommendations are made for consumers, technologists, manufacturers, and policy makers.


A Comment On Privacy And Accountability In Black-Box Medicine, Carl E. Schneider 2017 University of Michigan Law School

A Comment On Privacy And Accountability In Black-Box Medicine, Carl E. Schneider

Michigan Telecommunications and Technology Law Review

Human institutions and activities cannot avoid failures. Anxiety about them often provokes governments to try to prevent those failures. When that anxiety is vivid and urgent, government may do so without carefully asking whether regulation’s costs justify their benefits. Privacy and Accountability in Black Box Medicine admirably labors to bring discipline and rationality to thinking about an important development — the rise of “black-box medicine” — before it causes injuries regulation should have prevented and before it is impaired by improvident regulation. That is, Privacy and Accountability weighs the costs against the benefits of various forms of regulation across the many ...


Upholding Citizens’ Privacy In The Use Of Stingray Technology: Is New York Behind?, Samantha Hazen 2017 Elisabeth Haub School of Law at Pace University

Upholding Citizens’ Privacy In The Use Of Stingray Technology: Is New York Behind?, Samantha Hazen

Pace Law Review

This Comment will argue that New York should follow the federal agencies’ and states’ leads by imposing a warrant requirement supported by probable cause on local and state agencies that wish to use Stingray technology in their investigations. The first section will explore Stingray technology and how it works. The second section will frame the issue and describe New York’s current standard. The third section will discuss the judicial response to the issue and how New York courts seem to place the burden of upholding privacy on the citizen, instead of the government. The third section will also discuss ...


Affording Fundamental Rights, Julie E. Cohen 2017 Georgetown University Law Center

Affording Fundamental Rights, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

Mireille Hildebrandt’s Smart Technologies and the End(s) of Law (2015) raises questions for law that are best characterized as meta-institutional. This review essay considers the implications of Hildebrandt’s work for the conceptualization of fundamental rights. One consequence of the shift to a world in which smart digital technologies continually, immanently mediate and preempt our beliefs and choices is that legal discourses about fundamental rights are revealed to be incomplete along a dimension that we have simply failed to recognize. To remain effective in the digital age, rights discourse requires extension into the register of affordances.


Civil Liberty Or National Security: The Battle Over Iphone Encryption, Karen Lowell 2017 Georgia State University College of Law

Civil Liberty Or National Security: The Battle Over Iphone Encryption, Karen Lowell

Georgia State University Law Review

On June 5, 2013, Edward Snowden released what would be the first of many documents exposing the vast breadth of electronic surveillance the Federal Bureau of Investigation (FBI) and the National Security Agency (NSA) had been conducting on millions of United States citizens. Although the federal agencies had legal authority under the Foreign Intelligence Surveillance Act (FISA) to collect metadata from companies such as Verizon, many Americans considered this data collection to be a massive invasion of privacy.

Equipped with the knowledge of sweeping domestic surveillance programs, citizens and technology firms fighting for strong privacy and security protection, have started ...


Having An Affair May Shorten Your Life: The Ashley Madison Suicides, Sakinah N. Jones 2017 Georgia State University College of Law

Having An Affair May Shorten Your Life: The Ashley Madison Suicides, Sakinah N. Jones

Georgia State University Law Review

Ashley Madison is an online dating service originally designed for people in committed relationships who want to cheat on their partners. In 2015, the website claimed to be “100% discreet.” Ashley Madison’s FAQs promised that its users would never compromise their “safety, privacy or security” and would never have to reveal their identities unless they chose to.

Ashley Madison’s concept attracted over forty million ostensibly anonymous members to its site. In July 2015, a group calling itself The Impact Team (Impact) hacked into Ashley Madison’s parent company, Avid Life Media, Inc. (Avid Life), breaching its security walls ...


Keep Out! The Efficacy Of Trespass, Nuisance And Privacy Torts As Applied To Drones, Hillary B. Farber 2017 University of Massachusetts School of Law

Keep Out! The Efficacy Of Trespass, Nuisance And Privacy Torts As Applied To Drones, Hillary B. Farber

Georgia State University Law Review

A few years ago one might have seen a small object flying overhead without any idea what it could be. Today, it is fairly commonplace to see drones flying around our neighborhood skies. The Federal Aviation Administration (FAA) predicts there will be seven million drones populating our skies by 2020. In 2015 hobbyists, recreational users, and commercial businesses purchased unmanned aerial vehicles, commonly referred to as drones, in record-breaking numbers. Estimates reveal that over 4.3 million drones were sold worldwide in 2015. Trade industry experts predicted that more than 2.8 million drones would be sold in the U ...


Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin 2017 Selected Works

Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin

Christopher Slobogin

No abstract provided.


Forcing Players To Walk The Plank: Why End User License Agreements Improperly Control Players’ Rights Regarding Microtransactions In Video Games, Chelsea King 2017 College of William & Mary Law School

Forcing Players To Walk The Plank: Why End User License Agreements Improperly Control Players’ Rights Regarding Microtransactions In Video Games, Chelsea King

William & Mary Law Review

No abstract provided.


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