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Rosario Girasa - Regulation of Innovative Technologies: Blockchain, Artificial Intelligence and Quantum Computing

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Rosario Girasa Regulation of Innovative Technologies: Blockchain, Artificial Intelligence and Quantum Computing
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This book explores the regulation of emerging technologies. Developments such as bitcoin (based on blockchain technology), artificial intelligence, quantum computing, and other technical advances have the potential to revolutionize many aspects of everyday life. As with other significant occurrences, especially when coupled by financial rewards, there are the inevitable attempts to reap gains unlawfully. This book examines the legal and regulatory enactments that attempt to undermine the risks to society as well as the dangers to individual freedoms that the technologies present when abused by governmental and non-governmental authorities. Included are discussions of the dangers to the right of privacy posed by facial recognition, physical location tracking, automated license plate recognition (ALPR) and other evolving applications of technology. This book is an invaluable resource for those interested in the regulation of emerging technologies particularly as they relate to blockchain, artificial intelligence, and the most current advances in quantum computing. Emphasis is focused on invasion of privacy, particularly by government authorities, antitrust implications of private companies and the efforts of international entities to counter alleged abuses by them.

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Book cover of Regulation of Innovative Technologies Rosario Girasa and Gino - photo 1
Book cover of Regulation of Innovative Technologies
Rosario Girasa and Gino J. Scalabrini
Regulation of Innovative Technologies
Blockchain, Artificial Intelligence and Quantum Computing
Logo of the publisher Rosario Girasa Goldstein Academic Center 203 Pace - photo 2
Logo of the publisher
Rosario Girasa
Goldstein Academic Center 203, Pace University, Pleasantville, NY, USA
Gino J. Scalabrini
Brewster, NY, USA
ISBN 978-3-031-03868-6 e-ISBN 978-3-031-03869-3
https://doi.org/10.1007/978-3-031-03869-3
The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022
This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use.
The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.

Cover illustration: Image courtesy of batuhan toker / Alamy Stock Photo

This Palgrave Macmillan imprint is published by the registered company Springer Nature Switzerland AG

The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

Rosario GirasaTo my wife, Eleanor, for her endless encouragement, patience, and understanding.

Gino S. ScalabriniTo my mother, Joanna. I will always remain incredibly appreciative for the love, support, and guidance. Everything I accomplished, we accomplished together.

Preface

It is difficult to write a text concerning the latest technologies because they are evolving almost daily. New programs, apps, scientific breakthroughs, health issues, and a multitude of other causes and events almost render information outdated. Although the evolution of technology is occurring at an exponential pace, nevertheless, the within work will be mainly current because of the nature of the inquiry, that is, regulatory enactments which occur much more gradually than technological breakthroughs. Thus, it is hoped by the authors that the text will serve as an introduction to the innumerable legislative and regulatory enactments that affect technology.

The authors come from diverse backgrounds of law, political science, law enforcement, and medicine, all of which have enabled an in-depth analysis and exposition of how governments are addressing changes that have become disruptive to traditional modes of governance and supervision of their respective economies.

We are grateful to numerous persons who are indispensable in permitting the writing and publication of this work. Included among them are the following: The amazing editors and assistants at Palgrave Macmillan, including Sarah Hills, Rachael Ballard, Tula Weiss, Dhanalakshmi Muralidharan, Raghupathy Kalynaraman and the many persons who labor without recognition at Palgrave Macmillan who enable us to advance our thinking for the betterment of humankind.

A cautionary note: Statements and opinions are those of the authors based upon their research and personal interpretation of research materials. The text is not meant to render legal advice; rather, if issues arise that may require legal intervention or interpretation, the readers are urged to seek competent counsel in that regard.

Rosario Girasa
Gino J. Scalabrini
Pleasantville, NY Brewster, NY
Table of Cases

Alice Corp. v. CLS Bank Intern, 573 U.S. 208 (2014)

AMG Capital Management, LLC v. FTC, 593 U.S. ___ (2021)

Apple, Inc. v. Pepper, 139 S. Ct. 1514 (2019)

Backpage.com v. Dart, 807 F.2d 229 (7th Cir. 2015)

Bilski. V. Kappos, 561 U.S. 593 (2010)

Blumenthal v. Drudge, 992 F. Supp. 44 (D.D.C. 1998)

Carpenter v. U.S., 585 U.S. ___ (2018)

CFTC v. HDR Global Trading Ltd., No. 1:20-cv-08132 (S.D.N.Y. Oct. 10, 2020)

CFTC v. Hunt and Hecroft, No. 4:18-cv-00807-0 (N.D.Tx., Sept. 18, 2018)

CFTC v. XBT Corp. SARL d/b/a/ First Global Credit, CFTC Docket No. 3-19592 (Oct. 31, 2019)

Commonwealth v. McCarthy, 350 Mass 150 (SJC MA 2019)

Delfino v. Agilent Technologies, 145 Cal. App. 4th 790 (2006)

Epic Games, Inc. v. Google LLC, No. 3:20-cv-05671 (N.D. Ca. Aug. 13, 2020)

Force v. Facebook, Inc., 934 F.3d 53 (2d Cir. 2019)

FTC Docket, No. 182 3107, Final Approval of Settlement (Dec. 18, 2019)

FTC v. Dluca, No. 18-cv-60369 Moore (S.D. Fl. Feb. 20, 2018)

FTC v. Facebook, Inc., No. 1:20-cv-03590-JEB (D.D.C. Jan. 13, 2021)

FTC v. Kohen and Nix, FTC Docket Nos. C4693 and C-4694 (Dec. 18, 2019)

FTC v. Liberty Chevrolet, No. 1:20-cv-03945-PAE (S.D.N.Y., filed May 22, 2020)

Gallagher v. Bitcointalk.org, 3:18-cv-05892 (N.D. Ca. Sept. 24, 2018)

Gonzalez v. Google LLC (9th Cir., No. 18-16700, 6/22/21)

Gottschalk v. Benson, 409 U.S. 63 (1972)

Google LLC v. Oracle America, Inc., 593 U.S. __ (2020)

Green v. AOL, 318 F.3rd 465 (3rd Cir. 2003)

Griswold v. Connecticut, 381 U.S. 479 (1965)

Hy Cite Corp. v. badbusinessbureau.com, 297 F. Supp. 2d 1154 (W.D. Wis. 2004)

In re Cambridge Analytica, LLC., FTC Docket No. 9383 (Dec. 18, 2019)

In re Coinflip, Inc., CFTC Docket No. 15-29 (2015)

In re Eric Powers, FinCEN Docket No. 2019-01 (2019)

In re Larry Dean Harmon, FinCEN Docket No. 2020-2 (2020)

In re Tax Liabilities of John Does, No. 3:16-cv-06658-JSC (N.D. Ca. Nov. 11, 2016)

In re Tax Liabilities of John Does, No. 1:21-mc-91201-RGS (N.D. Ma. March 30, 2021)

In re Tax Liabilities of John Does, No. 21-cv-02201-JSV (N.D. Ca. March 30, 2021)

In re In In re Western Union Financial Services, Inc., FinCEN Docket No. 2017-01 (2017)

Loving v. Virginia, 388 U.S. 1, 1967

Mayo Collaborative Services v. Prometheus Laboratories, 566 U.S. 66 (2012)

McDonald v. Symphony Bronzeville Park, 2020 IL App. (1st) 192398

MCW, Inc. v. badbusinessbureau.com, No. Civ.A.3:02CV2727G (D.C.N.D. Tx, April 19, 2004)

Naruto v. Slater, 888 F.3d 418 (9th Cir. 2018)

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