Cyberspace Law Committee Newsletter - February 2019

Message from the Chair

Cheryl Dancey Balough

I want to thank all the speakers who developed and presented programs for the Cyberspace Law Institute this year—and to subcommittee chairs for coordinating working sessions.

The 2019 Cyberspace Law Institute and Winter Working Meeting

Cheryl M. Burtzel

From January 24 to 26, 2019, our committee hosted its annual Cyberspace Law Institute and Winter Working Meeting at the Stetson University College of Law in St. Petersburg, Florida. We were delighted to see familiar faces as well as new attendees.

Subcommittee News

Updates from the Current Law Task Force.

Month-In-Brief: Digital Currency

Stephen T. Middlebrook

Topics: DC Gets Council to Study Feasibility of a Regulatory Sandbox, Money Laundering in Popular Online Game, Report Concludes Central Banks Are Intrigued by but Wary of Digital Currency, PA says virtual currency exchanges do not need money transmission licenses

“Face ID is Unavailable. Try Again Later”— Can Law Enforcement Force a Suspect to Unlock Their Phone by Face ID or Fingerprint?

Heidi Kuffel, Katelyn Rauh

According to a recent decision from the Northern District of California—no. In a recent ruling, Magistrate Judge Westmore concluded that compelling an individual to unlock their biometric devices—cell phones that can be unlocked via fingerprint, facial recognition, or iris scan—runs afoul of Fourth and Fifth Amendment rights.

Committee Member News

Steve Middlebrook and Tom Kierner have launched two 50 state surveys addressing fintech topics that are increasingly regulated at the state level: payroll cards and blockchain & virtual currency. Their payroll card compliance map helps companies navigate the patchwork of state regulations on how they can electronically pay wages via payroll cards. Their blockchain map provides an up-to-date summary of the current law affecting blockchain technology and virtual currency, as well as proposed legislation and regulation. Steve and Tom plan to launch additional 50 state fintech surveys in the coming months.

Call for Future Contributions

Do you have something that might make a good contribution to next month's Cyberspace Law newsletter? Email Tom Kierner with your blurb! Have a less Cyberspace-y contribution? It might be a good fit for Business Law Today. Email Juliet Moringiello, and she will help you with the submission process.