2,930 research outputs found

    Internet Privacy and Self-Regulation: Lessons from the Porn Wars

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    The availability and adequacy of technical remedies ought to play a crucial role in evaluating the propriety of state action with regard to both the inhibition of Internet pornography and the promotion of Internet privacy. Legislation that would have restricted Internet speech considered indecent or harmful to minors has already faced and failed that test. Several prominent organizations dedicated to preserving civil liberties argued successfully that self-help technologies offered less-restrictive means of achieving the purported ends of such legislation, rendering it unconstitutional. Surprisingly, those same organizations have of late joined the call for subjecting another kind of speech--speech by commercial entities about Internet users--to political regulation. With regard to privacy no less than pornography, however, self-help offers Internet users a less-restrictive means of preventing the alleged harms of free speech than does state action. Indeed, a review of privacy-protecting technologies shows them to work even more effectively than the filtering and blocking software used to combat online smut. Digital self-help in defense of Internet privacy makes regulation by state authorities not only constitutionally suspect but, from the more general point of view of policy, functionally inferior

    Australia's uncertain demographic future

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    The techniques of probabilistic population forecasting are increasingly being recognised as a profitable means of overcoming many of the limitations of conventional deterministic variant population forecasts. This paper applies these techniques to present the first comprehensive set of probabilistic population forecasts for Australia. We stress the disadvantages of directly inputting net migration into the cohort component model in probabilistic forecasting, and propose a gross migration flows model which distinguishes between permanent and non-permanent immigration and emigration. Our forecasts suggest that there is a two thirds probability of Australia’s population being between 23.0 and 25.8 million by 2026 and between 24.4 and 31.8 million by 2051. Comparisons with the latest official population projections of the Australian Bureau of Statistics are made.Australia, migration, migration forecasts, population forecasting, probabilistic, uncertainty

    PRIVATE PREDICTION MARKETS AND THE LAW

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    This paper analyses the legality of private prediction markets under U.S. law, describing both the legal risks they raise and how to manage those risks.  As the label "private" suggests, such markets offer trading not to the public but rather only to members of a particular firm.  The use of private prediction markets has grown in recent years because they can efficiently collect and quantify information that firms find useful in making management decisions.  Along with that considerable benefit, however, comes a worrisome cost:  the risk that running a private prediction market might violate U.S. state or federal laws.  The ends and means of private prediction markets differ materially from those of futures, securities, or gambling markets.  Laws written for those latter three institutions nonetheless threaten to limit or even outlaw private prediction markets.  As the paper details, however, careful legal engineering can protect private prediction markets from violating U.S. laws or suffering crushing regulatory burdens.  The paper concludes with a prediction about the likely form of potential CFTC regulations and a long-term strategy for ensuring the success of private prediction markets under U.S. law

    Virtual Trade Dress: a Very Real Problem

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    The Third Amendment: Forgotten but Not Gone

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    Pity the Third Amendment. The other amendments of the United States Constitution\u27s Bill of Rights inspire public adoration and volumes of legal research. Meanwhile, the Third Amendment languishes in comparative oblivion or, worse yet, suffers ridicule. The Third Amendment has especially suffered from a lack of serious and sustained legal analysis. This paper aims to fill the most glaring gaps in Third Amendment scholarship, so as to round out our knowledge of the Bill of Rights and to pay the Third Amendment respect long past due

    Fintech Regulation in the Catawba Digital Economic Zone

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    The Catawba Digital Economic Zone (“CDEZ”) achieved a number of firsts when it launched in late 2022: the world’s first entirely virtual special jurisdiction devoted to financial services using technologies like blockchains, cryptocurrencies, digital assets, and artificial intelligence (fintech); the first time that a Native American tribe has claimed exclusive jurisdiction over a broad field of commerce; and the first special jurisdiction in the United States to offer its own civil laws and legal system. If all proceeds as planned, the Zone will soon also host the first Native American public bank in the United States. These firsts follow naturally from the CDEZ’s pioneering mission: to bring the rule of law to the fintech frontier. This paper, written by one of a team of coders hired to help build the zone’s legal framework, reviews the project’s recent progress. The CDEZ launched with a comprehensive Civil Ordinance and quickly added to it: an Administrative Procedure Regulation to regulate the issuance of new rules; a Digital Assets Regulation legally defining Blockchain, Non-Fungible Token, and other fintech entities; and a Resolution making the Uniform Law Institute’s newly published Uniform Commercial Code Article 12 for digital assets locally binding. The Zone Authority has begun rulemaking proceedings for regulations addressing distributed autonomous organizations, stablecoins, and banking and commercial services. These efforts show a strong start for the CDEZ, a Native American special jurisdiction that aims to become the first choice for fintech
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