The Question Concerning Technology In Compliance,
2016
Brooklyn Law School
The Question Concerning Technology In Compliance, Sean J. Griffith
Brooklyn Journal of Corporate, Financial & Commercial Law
In this symposium Essay, I apply insights from philosophy and psychology to argue that modes of achieving compliance that focus on technology undermine, and are undermined by, modes of achieving compliance that focus on culture. Insisting on both may mean succeeding at neither. How an organization resolves this apparent contradiction in program design, like the broader question of optimal corporate governance arrangements, is highly idiosyncratic. Firms should therefore be accorded maximum freedom in designing their compliance programs, rather than being forced by enforcement authorities into a set of de facto mandatory compliance structures.
Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions,
2016
Brooklyn Law School
Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon
Brooklyn Journal of Corporate, Financial & Commercial Law
Privacy has come to the forefront of the technology world as third party hackers are constantly attacking companies for their customers’ data. With increasing instances of compromised customer information, the Federal Trade Commission (FTC) has been bringing suit against companies for inadequate data security procedures. The FTC’s newfound authority to bring suit regarding cybersecurity breaches, based on the Third Circuit’s decision in FTC v. Wyndham Worldwide Corp., is a result of inaction—Congress has been unable to pass sufficient cybersecurity legislation, causing the FTC to step in and fill the void in regulation. In the absence of congressional action, this self-proclaimed …
Preserving Human Agency In Automated Compliance,
2016
Brooklyn Law School
Preserving Human Agency In Automated Compliance, Onnig H. Dombalagian
Brooklyn Journal of Corporate, Financial & Commercial Law
As technology transforms financial services, so too must it transform the regulation of financial markets and intermediaries. The imperative of real-time, prophylactic regulation increasingly compels reallocation of regulatory and compliance budgets to surveillance and enforcement technology. At the same time, in light of the well-known weaknesses of automated systems, securities firms (and their regulators) must temper investment in automation with efforts to augment the agency of compliance professionals. This symposium contribution considers how investment in the professional development of compliance personnel can better integrate automated tools within established compliance and supervisory structures and thereby advance regulatory and operational objectives.
Compliance, Technology, And Modern Finance,
2016
Brooklyn Law School
Compliance, Technology, And Modern Finance, Tom C.W. Lin
Brooklyn Journal of Corporate, Financial & Commercial Law
An important transformation is happening in the financial industry. The rise of new technology and compliance has dramatically altered many of the key functions and functionaries of modern finance. Artificial intelligence, algorithmic programs, and supercomputers, instead of human actors, now constitute the core of many financial operations. Compliance officers have become just as critical to financial institutions as traders, bankers, and analysts. Finance as we knew it has changed and continues to change. This symposium Article offers a studied commentary on these unfolding changes, the crosscutting developments in compliance, technology, and modern finance. It examines the concurrent and intersecting ascents …
2016 – A Tumultuous Year Of The Revolt Against The Elites,
2016
Singapore Management University
2016 – A Tumultuous Year Of The Revolt Against The Elites, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan noted that 2016 will probably be remembered as the year of the populist revolt against the elites, against the backdrop of bewildering disruptions and an abiding sense of displacement and control accentuated by technological advancements. He highlighted that the critical challenge is to bring trust back into the core of the relationship between those in power and the masses, adding that governments need to purposively deal with people's resentments, fury and fears.
Spaceways: Airspace In Outer Space,
2016
Embry-Riddle Aeronautical University
Spaceways: Airspace In Outer Space, Scott Haeffelin
Space Traffic Management Conference
Forecasted future demand in space travel is driving the need for the development of space traffic management. Currently, orbital space traffic is mostly unregulated with internationally agreed upon best practices and self-interest driving space operators to avoid collisions with other spacecraft. This paper explores the future of space travel by presenting a concept of creating “airspace in space” or spaceways to manage the ever growing volumes of space traffic. Spaceways are analogous to airspace for aircraft with the goal of increasing levels of safety and reducing probabilities of collision. These goals can be achieved by creating traffic rules, defining valuable …
A Novel Approach For Controlled Deorbiting And Reentry Of Small Spacecraft,
2016
NASA Launch Services Program
A Novel Approach For Controlled Deorbiting And Reentry Of Small Spacecraft, Larry H. Fineberg, Justin Treptow, Timothy Bass, Scott Clark, Yusef Johnson, Bradley Poffenberger
Space Traffic Management Conference
No abstract provided.
Unconventional Methods For A Traditional Setting: The Use Of Virtual Reality To Reduce Implicit Racial Bias In The Courtroom,
2016
Stanford Program in Neuroscience and Society at Stanford Law School
Unconventional Methods For A Traditional Setting: The Use Of Virtual Reality To Reduce Implicit Racial Bias In The Courtroom, Natalie Salmanowitz
The University of New Hampshire Law Review
The presumption of innocence and the right to a fair trial lie at the core of the United States justice system. While existing rules and practices serve to uphold these principles, the administration of justice is significantly compromised by a covert but influential factor: namely, implicit racial biases. These biases can lead to automatic associations between race and guilt, as well as impact the way in which judges and jurors interpret information throughout a trial. Despite the well-documented presence of implicit racial biases, few steps have been taken to ameliorate the problem in the courtroom setting. This Article discusses the …
Optimal Property Rights For Emerging Natural Resources: A Case Study On Owning Atmospheric Moisture,
2016
University of Hong Kong
Optimal Property Rights For Emerging Natural Resources: A Case Study On Owning Atmospheric Moisture, Jianlin Chen
University of Michigan Journal of Law Reform
This Article critically examines the design of property rights for emerging natural resources—naturally occurring substances that humans have only recently come to be able to exploit viably—through a case study of how the fifty states allocate ownership in, and regulate the use of, atmospheric moisture, an issue that has emerged in the context of weather modification (particularly cloud seeding). Building on the surprising finding that legislative declarations of state ownership have not resulted in greater regulatory control or other substantial restrictions on private use, this Article highlights a dimension of property rights design that has yet to receive concerted scholarly …
Information Technology And Learning On-The-Job,
2016
Boston University School of Law
Information Technology And Learning On-The-Job, James Bessen
Faculty Scholarship
Economists disagree how much technology raises demand for workers with pre-existing skills. But technology might affect wages another way: through skills learned on the job. Using instrumental variables on 9 panels of workers from 1989 to 2013, this paper estimates that workers who use information technology (IT) have wage growth that is about 2% greater than non-IT workers, all else equal, implying substantial learning. This effect persists over time, implying sustained productivity growth from IT. Also, it benefits workers both with and without college degrees. Because many more college-educated workers use IT, college wages grow faster, contributing to economic inequality.
Privatization Of The Judiciary,
2016
Seattle University School of Law
Privatization Of The Judiciary, Eldar Haber
Seattle University Law Review
The digital era invoked new challenges to judicial systems. The Internet enabled violation of privacy and intellectual property rights and enhanced the magnitude of criminal activity. Recognizing the inability of courts to handle a high magnitude of lawsuits, along with enforcement difficulties, policymakers worldwide chose to delegate quasi-judicial powers to online intermediaries that facilitate or enable such potential violations or infringements of rights. Search engines were first tasked to perform a quasi-judicial role under a notice-and-takedown regime to combat copyright infringement around the world. Recently, the European Union (EU) decided to delegate judicial authority to search engines by granting rights …
Newsroom: The Legal Impact Of Marine Debris 10-21-2016,
2016
Roger Williams University
Newsroom: The Legal Impact Of Marine Debris 10-21-2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Internet Of Things: Where Privacy And Copyright Collide,
2016
Santa Clara Law
The Internet Of Things: Where Privacy And Copyright Collide, Lidiya Mishchenko
Santa Clara High Technology Law Journal
The Internet of Things: Where Privacy and Copyright Collide
A Genre Theory Of Copyright,
2016
Santa Clara Law
A Genre Theory Of Copyright, Omri Rachum-Twaig
Santa Clara High Technology Law Journal
A Genre Theory of Copyright
Indifference And Secondary Liability For Copyright Infringement,
2016
Santa Clara Law
Indifference And Secondary Liability For Copyright Infringement, Richard G. Kunkel
Santa Clara High Technology Law Journal
Indifference and Secondary Liability for Copyright Infringement
Siri-Ously? Free Speech Rights And Artificial Intelligence,
2016
University of Arizona James E. Rogers College of Law
Siri-Ously? Free Speech Rights And Artificial Intelligence, Toni M. Massaro, Helen Norton
Northwestern University Law Review
Computers with communicative artificial intelligence (AI) are pushing First Amendment theory and doctrine in profound and novel ways. They are becoming increasingly self-directed and corporal in ways that may one day make it difficult to call the communication ours versus theirs. This, in turn, invites questions about whether the First Amendment ever will (or ever should) cover AI speech or speakers even absent a locatable and accountable human creator. In this Article, we explain why current free speech theory and doctrine pose surprisingly few barriers to this counterintuitive result; their elasticity suggests that speaker humanness no longer may be …
Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance,
2016
University of Pennsylvania Law School
Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance, Jeffrey L. Vagle
Michigan Journal of Race and Law
This Article examines how military automated surveillance and intelligence systems and techniques, when used by civilian police departments to enhance predictive policing programs, have reinforced racial bias in policing. I will focus on two facets of this problem. First, I investigate the role played by advanced military technologies and methods within civilian police departments. These approaches have enabled a new focus on deterrence and crime prevention by creating a system of structural surveillance where decision support relies increasingly upon algorithms and automated data analysis tools and automates de facto penalization and containment based on race. Second, I will explore these …
Change In Regulation Is Necessary For Genetically Engineered Mosquitoes,
2016
University of Michigan Law School
Change In Regulation Is Necessary For Genetically Engineered Mosquitoes, Insung Hwang
Michigan Journal of Environmental & Administrative Law
Millions of genetically engineered (GE) mosquitoes could soon be released in Key West, Florida as an effort to eradicate wild mosquitoes that are transmitters of diseases such as malaria, dengue, and chikungunya. Both international and domestic regulations fail to provide effective regulatory schemes that can facilitate the application of this technology while ensuring all safety and environmental aspects are properly addressed. The Food and Drug Administration’s assertion of jurisdiction is based on its assessment that the GE mosquitoes are “animal drugs” under the Federal Food, Drug, and Cosmetic Act. This is especially troublesome because the end goal of using these …
How Legal Technology Will Change The Business Of Law,
2016
Singapore Management University
How Legal Technology Will Change The Business Of Law, Christian Veith, Michael Bandlow, Michael Harnisch, Hariolf Wenzler, Markus Hartung, Dirk Hartung
Research Collection Yong Pung How School Of Law
Powerful forces are reshaping the corporate legal-advice market, including price pressurefrom clients and the digitization of legal data. Legal-technology solutions can help law firmssucceed in this new era, but only if they understand the tech landscape and redefine keyelements of their business model.Mapping the Legal-Tech LandscapeThe legal-tech landscape comprises three solution categories: enabler technologies facilitating the digitization of legal data, support-process solutions infusing new efficiencies intocase-management and back-office work, and substantive law solutions supporting or replacing lawyers in executing core legal tasks in transactions and litigation cases.Legal Tech’s Impact—Today and TomorrowWhile legal tech began with the automation of standard legal …
Apple Watch-Ing You: Why Wearable Technology Should Be Federally Regulated,
2016
Loyola Marymount University and Loyola Law School
Apple Watch-Ing You: Why Wearable Technology Should Be Federally Regulated, Grant Arnow
Loyola of Los Angeles Law Review
No abstract provided.
