Tech Law: Comparing U.S. and EU Laws in the Digital Age
The latest edition of the Richmond Journal of Law and Technology features two articles comparing U.S. and EU laws. My article on wireless broadband devices compares consumer protections in the United States, Canada, and the European Union. The second article by William Hett, “Digital Currencies and the Rise of Terrorism,” discusses the rise of terrorism in the wake of increasingly available digital currency.
Both articles are available in pdf format for FREE ONLINE from the Richmond Journal of Law and Technology. The Journal also provides free online access to the full text of archived articles, dating back to 1995. Full text access to the Journal’s articles is also available through LEXIS, Westlaw, The Index to Legal Periodicals, William S. Hein & Co., and a number of other legal indices.
I extend my gratitude to JOLT’s Editor-in-Chief Bridget Murray and the journal’s dedicated editors, staff members, and faculty advisors for their assistance during the publishing cycle. I also thank Jennifer Manner for her initial review of the article, Jennifer Warren for her insights on telecommunications regulation in the United States, and William Vukowich for his thoughts on consumer law in the European Union.
Volume XV, Issue 2, Fall 2008
Hidden Costs of the Wireless Broadband Lifestyle: Comparing Consumer Protections in the United States, Canada, and the European Union
Renee Dopplick
The article explores how emergent wireless broadband technologies for consumer devices are challenging traditional notions of spectrum management and how and when consumers may use unlicensed devices. On November 4, 2008, the Federal Communications Commission (FCC) voted unanimously to allow “new, sophisticated” unlicensed broadband wireless devices to operate on a shared, secondary basis in unused broadcasting spectrum. The unused spectrum, commonly referred to as “white spaces,” will become available upon the transition to digital television scheduled to occur on February 17, 2009.
The November 4, 2008 ruling allows for fixed and mobile wireless broadband devices for consumers and businesses. To address the concerns of commercial operators that such shared-spectrum devices could cause interference with licensed services, the ruling imposes stricter regulatory approval requirements for shared-spectrum devices. All devices must have geolocation ability, spectrum-sensing technology to find available spectrum, and Internet access to a centralized database of incumbent licensees to determine what spectrum may be used by the unlicensed device at that location. The FCC will test and certify devices in the laboratory. For devices relying solely on spectrum-sensing technologies, the FCC will test the devices in both the laboratory and real-world settings.
If an approved device causes harmful interference once on the market, the FCC asserts that it will act promptly to remove such equipment from the market and will require the responsible parties to remedy any interference. Although the ruling asserts a right of FCC enforcement action in the event of harmful interference, it does not guarantee compensation to licensees or consumers of licensed services for outages or degraded signal reception caused by offending unlicensed devices. The ruling is also silent on consumer remedies, such as the right to compensation, product return, or product exchange, should the unlicensed devices cause harmful interference, rendering the devices unlawful to operate.
The article examines the consumer’s rights, duties, and remedies when wireless device interference causes the device to malfunction or renders the wireless device inoperable or unlawful to operate. The article compares consumer protections in the United States, Canada, and the European Union, which rely on similar technical interference standards for consumer devices. The article explores the advantages and limitations of possible market, regulatory, and legislative mechanisms to enhance protections for U.S. consumers.
Cite as:
Renee Dopplick, Hidden Costs of the Wireless Broadband Lifestyle: Comparing Consumer Protections in the United States, Canada, and the European Union, XV RICH. J.L. & TECH. 5 (2008), http://law.richmond.edu/jolt/v15i2/article5.pdf.
Digital Currencies and the Rise of Terrorism
William Hett
The second article by William Hett discusses the rise of terrorism in the wake of increasingly available digital currency. Looking to EU regulations for prepaid cash cards, Hett recommends that the United States adopt similar cash limits in order to thwart money launderers and financiers of terrorism.
digital currencies, the United States should consider the following
measures: (1) specifically include both digital currency providers and
digital currency exchangers in the regulations defining a “money services
business†to subject them to regulation as “financial institutionsâ€; (2)
create due diligence requirements for currency exchangers that accept
digital currencies for the purchase of ATM cash and debit cards, with the
degree of customer identification and verification procedures increasing
for purchases and transfers of higher values; (3) place specific per day and
per year value limits on purchases of cash cards with digital currencies,
and limits on the number of cash cards that each individual may purchase;
and (4) prohibit U.S. banks and card system networks from processing
ATM/debit payment requests from digital currency exchangers located
abroad that deal in digital currencies.
Cite as: William Hett, Digital Currencies and the Financing of Terrorism, XV RICH. J.L. & TECH. 4 (2008), http://law.richmond.edu/jolt/v15i2/article4.pdf.
About the Richmond Journal of Law and Technology
The Journal publishes articles that “analyze a variety of controversial legal topics that are at the forefront of debates regarding the intersection of technology and law.” It is the first law review in the world to be published exclusively online. The Journal publishes approximately four times per year. The Journal welcomes submissions from academics, practitioners, students, and others. Submissions must follow the citation format of The Bluebook: A Uniform System of Citation. See http://law.richmond.edu/jolt/.