Volume 2022 – Issue 1

THE DIGITAL MARKETS ACT (DMA): A PROCOMPETITIVE RECALIBRATION OF DATA RELATIONS? by Philipp Baschenhof 

Since its publication in December 2020, the European Commission’s regulatory proposal for a Digital Markets Act (DMA) continues to be the subject of sustained political and academic interest, particularly in the United States and Europe. Part of the “European strategy for data,” the DMA is designed to address “the most salient incidences of unfair practices and weak contestability” in the digital economy, responding to concerns about the data-derived dominance of U.S. technology companies operating in Europe. This paper aims to provide the first comprehensive legal analysis of the DMA’s recalibration of data relations in the European Union[read full paper]

PREDICTING CYBERSECURITY INCIDENTS WITH MACHINE LEARNING AND MANDATORY DISCLOSURE REGULATION by Aniket Kesari 

Cybersecurity risk is an increasingly common concern for organizations that collect and maintain vast troves of data. In 2011, the United States Securities and Exchange Commission (SEC) provided guidelines for how publicly traded companies should convey these risks to potential investors. But does this mandatory disclosure regime effectively serve this purpose in the cybersecurity context? This Article uses machine learning and natural language processing techniques to analyze firms’ mandatory risk disclosure statements, predict which firms are at the greatest risk of suffering cybersecurity incidents, and evaluate how well disclosure meets the goals of the broad regulatory regime. More broadly, this study highlights the potential for using legally mandated disclosures to bolster regulatory efforts, particularly in the context of prediction policy problems. [read full article]

DID EXCLUSION IGNITE CHINA’S DRIVE TO COMPETE IN SPACE STATION TECHNOLOGY? AN ANALYSIS OF THE TECHNO-LEGAL IMPLICATIONS OF THE WOLF AMENDMENT (2011) by Alvin Hoi-Chun Hung 

China has been excluded from participation in the International Space Station (ISS) since 2011. The exclusion was codified into law by the Wolf Amendment (2011), which was passed in Congress to restrict extensively, based on financial constraints, the National Aeronautics and Space Administration (NASA) and the Office of Science and Technology Policy (OSTP) from cooperating with China at all levels. Ten years later, in the absence of American collaboration, China successfully launched its permanent space station in June 2021. It may be the appropriate time to revisit the Wolf Amendment to assess its long-term impact on China’s progress in space station technology. [read full article]

NO DRONE ZONES: ASSESSING THE FAA’S ROLE IN IMPLEMENTING GEOFENCING AND THE FUTURE OF DRONE REGULATIONS IN THE UNITED STATES by John Ricci 

Recently, the FAA’s regulations regarding commercial drone usage have come under fire by legal scholars for overregulation. These scholars instead propose that the adoption of new geofencing technology will solve the problems created by the introduction of widespread drone usage. Geofencing may indeed be the future for drone manufacturers. However, while forward thinking, this proposal assumes that drone manufacturers will conclude that it is within their self-interest to avoid liability by implementing geofencing networks. Current scholarship has not investigated why these firms have not unilaterally implemented geofencing on their end. Furthermore, it has not analyzed whether or not the FAA could or should mandate the industry to implement geofencing. This Note will recommend that the FAA should immediately begin to implement universal geofencing on the back of its recent push for Remote ID. [read full note]

COPYRIGHT’S FINAL BOSS ENCOUNTER: OWNERSHIP OF PLAYER-CHARACTERS IN ONLINE MULTIPLAYER ROLE-PLAYING VIDEO GAMES by Jake Ritthamel

This Note argues that gamers should retain primary rights to their player-generated content because, despite the use of game developers’ assets, the final products are distinguishable, consented-to derivative works. Streamers should be free to “brand” themselves but may not inappropriately use the game’s assets without permission. Furthermore, current contractual agreements in video game EULAs fail to recognize the multifaceted nature of player-characters that benefits developers in their singular in-game worlds and players across each game and service they play or use. This Note emphasizes that end-user licensing agreements (“EULAs”) should either be amended to address these flaws or invalidated in light of current video game and streaming politics. [read full note]

CRYPTOCURRENCY: USING DARK MARKETS TO SHINE LIGHT ON THE PROPRIETY OF REGULATION by Lan Wei

While cryptocurrencies have gained widespread recognition in the international monetary system, their treatment in the regulatory space is unsettled. The question of whether cryptocurrencies can or should be regulated has been hotly debated over the last ten years. This Note will identify and analyze the benefits offered and the risks posed by cryptocurrencies under the current federal regulatory framework. Ultimately, this Note will argue that the patchwork regulatory posture under which the United States currently operates is an ineffective approach to cryptocurrency regulation given the diverse, complex, and intersectional nature of the threats posed by cryptocurrency. [read full note]