Blog

The Legal Risks of Automated Transaction Copying in Crypto Markets
Co-authored with Alex Sarch and Natasha Vasan. Originally published by The FinReg Blog, Duke University (6 June 2023). Markets built on public, permissionless blockchains like Ethereum are radically transparent. While pending transactions in traditional finance are considered private information, viewable only by brokers or corporate insiders, transactions submitted to Ethereum’s public mempool—where they wait to be included on the blockchain—are publicly known.
EU Digital Markets Act (DMA) and Digital Services Act (DSA) and online advertising
I spoke to Eric Seufert for his Mobile Dev Memo podcast (“the site of record for mobile advertisers and app developers”) about how the new EU Digital Markets Act (DMA) and Digital Services Act (DSA) may affect online advertising.
Keeping data flowing is in India’s interest
Co-authored with Geoffrey Manne. Originally published by The Times of India (28 March 2023). Mandates to restrict the flow of data across national boundaries have taken hold in a growing number of jurisdictions, including India.
EU privacy law and online advertising
I spoke to Eric Seufert for his Mobile Dev Memo podcast (“the site of record for mobile advertisers and app developers”) about recent developments in EU privacy law applicable to online advertising.
After the FTX Crash, What’s Next for Crypto?
Originally published on Truth on the Market (12 December 2022). For many observers, the collapse of the crypto exchange FTX understandably raises questions about the future of the crypto economy, or even of public blockchains as a technology.
European Commission Tentatively Finds US Commitments ‘Adequate’: What It Means for Transatlantic Data Flows
Originally published on Truth on the Market (13 December 2022). Under a draft “adequacy” decision unveiled today by the European Commission, data-privacy and security commitments made by the United States in an October executive order signed by President Joe Biden were found to comport with the EU’s General Data Protection Regulation (GDPR).
Biden’s Data Flows Order: Does It Comport with EU Law?
Originally published on Truth on the Market (11 November 2022). European Union officials insist that the executive order President Joe Biden signed Oct. 7 to implement a new U.S.-EU data-privacy framework must address European concerns about U.
Why the EU’s Rushed ‘Travel Rule’ for Crypto Should Be Struck Down
Originally published by Coindesk on 25 July 2022 (also republished by Yahoo). We appear to be reaching an end stage in negotiations between the European Parliament and the Council of the European Union on a plan to extend the EU’s financial-surveillance regime over the cryptocurrency industry.
Privacy, Crypto, and EU Financial Surveillance
Originally published on Truth on the Market (11 July 2022). European Union lawmakers appear close to finalizing a number of legislative proposals that aim to reform the EU’s financial-regulation framework in response to the rise of cryptocurrencies.
DMA Update: It’s Still a Privacy Danger
Originally published by Truth on the Market (22 June 2022). The European Union’s Digital Markets Act (DMA) has been finalized in principle, although some legislative details are still being negotiated. Alas, our earlier worries about user privacy still have not been addressed adequately.