This paper looks at cybersecurity and the protection of critical national infrastructure, as an area of systemic risk to society. In particular, it looks at the obligations and potential penalties which apply to cloud providers under the regulatory framework established by the EU’s Network and...

This article is part of a Wisconsin Law Review symposium in honor of the work of Neil Komesar, and particularly his book “Imperfect Alternatives: Choosing Institutions in Law, Economics, and Public Policy.” I used this as the main text in 2003 for one of the first law school courses on...

This article discusses ways in which the General Agreement on Trade in Services (GATS) and post-GATS free trade agreements may limit the EU's ability to regulate privacy and personal data protection as fundamental rights. After discussing this issue in two dimensions – the vertical...

The May 2021 ransomware attack on Colonial Pipeline was a wake-up call for a federal administration slow to realize the dangers that cybersecurity threats pose to our critical national infrastructure. The attack forced hundreds of thousands of Americans along the east coast to stand in endless...

The evolution of blockchain technology as a foundational and transformational technology helps solve critical societal problems. Blockchain technology enables sustainability-focused blockchain initiatives to achieve their social and public welfare objectives. Using a dataset of...

Blockchain technology is a new general-purpose technology that poses significant challenges to the existing state of law, economy and society. Blockchain has one feature that makes it even more distinctive than other disruptive technologies: it is, by nature and design, global and transnational....

Blockchain technology is subject to security vulnerabilities resulting from recent developments in quantum computing and cryptography. All the while, the technical complexities of blockchain’s peer-to-peer system require the intervention of third-party intermediaries to facilitate financial...

For the past decade, Bitcoin has captured the attention of the world with its extreme price swings and yet constant price rises, outperforming most traditional asset classes. Along with Bitcoin came the phenomenon of the ICOs or Token Offerings, equally captivating, that turned start-ups’...