The Next Generation of Copyright

The former landmark legislation in copyright law was the Digital Millennium Copyright Act which became effective in 1998. And as important as the DMCA has been for the development of the internet, the wheels are in motion for the passage of a new generation of copyright law.

What this means is that the time to have a conversation about what the future of American copyright law should look like is right now. There are powerful forces who want a more powerful regime of controlling information on the internet, such as creating a “notice and staydown” regime to replace the DMCA’s “notice and takedown” provisions. But in a world with internet, it is time to start thinking with a different set of tools than the old copyright adages which led to the development of the powerful industries of today.

Change is afoot, and it is vital that we adapt our legislation to take full advantage, rather than merely to safeguard old industries who may be displaced by that change.

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Crypto Property

In 2008, the Bitcoin paper unleashed a new idea on the world which, in hindsight, looks stupendously obvious, and in retrospect it seems surprising that nobody thought of it earlier. But more than the core concept behind a blockchain or a crypto asset, there is a fundamentally different underlying philosophy of the meaning of property being contemplated by decentralization.

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Why the Encryption “Debate” Is Stupid

In the news, and in Congress lately, there has been a substantial amount of discussion about encryption. From the Apple-FBI scuffle over decrypting iPhones, to WhatsApp’s decision to adopt encryption, to Congress recent bill to end encryption by another name, the Compliance with Court Orders Act of 2016, encryption is a major issue in America today.

But at the end of the day, the encryption issue simply does not have two sides. There is a mathematically justified side, and a side that doesn’t know what they’re talking about. You cannot just refuse to accept mathematical reality and demand a different answer from the universe.

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Crypto 2.0 and Securities Laws

Blockchain applications are taking off in a huge way, with an incredible array of different projects tackling every imaginable purpose. It’s the Wild West, and nobody has the answers on exactly how this will eventually shake out. There are countless potentially critical issues that must be addressed, both technological and legal, and it will take years before we as a society have figured out the place that Crypto 2.0 will play in our world.

But there is one issue that seems particularly immediate and pressing, with dramatic implications for Crypto 2.0. Securities laws. Are crypto assets securities? Should they be?

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What is Bitcoin, and Why it Really Matters

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Unless you’ve been living under a rock you’ve probably heard of Bitcoin. It’s controversial, its unstable, half the world loves it and the other half thinks it’s a fad.

However instead of delving too deeply into Bitcoin itself, I want to discuss the true innovation, the really disruptive breakthrough that Bitcoin represents and why that breakthrough will have such tremendous impact on the future.

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