Currency or Security? What United States v. Zaslavskiy Means for the Future of Cryptocurrency Regulation

Whether you call them cryptocurrencies, virtual currencies, digital assets, or tokens, a new asset class has developed. Cryptocurrency is a digital currency that uses encryption techniques for governance and security and operates independently of any central bank. Like any other financial instrument, however, the use of digital currency brings with it a risk of fraud. This article examines the implications of a recent decision from the Eastern District of New York against Maksim Zaslavskiy, the first case to address whether cryptocurrency is subject to federal securities laws.

Penn State Alumnus on Democracy and Reason

Thomas F. Brier, Jr., earned his J.D. from Penn State Law in 2017. After graduation, he served as a law clerk on the U.S. Court of Appeals for the Third Circuit. His book, "While Reason Slept" examines the relationship between democratic erosion and the declining belief in the power of reason. We invited him to write a post that expands on those themes.

Can the Law Keep Up With the Internet of Things?

Dubbed the “Internet of Things” (IoT), this interconnected network of digital devices has revolutionized how we interact with the world around us. From driverless cars, to personal drones, to smart homes, the degree to which the IoT has affected contemporary society is nothing short of profound.

Defining the Limits of Governmental Access to Personal Data Stored in the Cloud: An Analysis and Critique of Microsoft Ireland

Absent Congressional action or Supreme Court involvement, Microsoft Ireland stands as one of the most significant decisions of the Internet Age, impacting not only where companies will choose to store their data, but how privacy and security-related concerns will continue to play out in the international arena.

Penn State Law Commencement Celebrates Students Becoming ‘Guardians of the Land’

"We’re choosing to ‘be awake on behalf of those who sleep’—what he called guardians of the land. And that means that the responsibility falls on our shoulders to defend the notion that our experiment in democracy is worth pursuing, and that progress walks hand-in-hand with the pursuit of justice for all.”

Penn State Law Student Lands Dream-Come-True Federal Clerkship

 The first time Penn State Law student Tom Brier met U.S. Third Circuit Court of Appeals Judge Thomas Vanaskie, he knew he wanted to work for him.

Now, more than two years later, that dream has become a reality as Brier has been selected for a highly competitive clerkship working alongside Vanaskie in his Scranton, Pa., chambers.

Penn State Law Student to Present at Cybersecurity Conference in Washington

UNIVERSITY PARK, Pa. -- Third year Penn State Law student Tom Brier will be the only student to present at an upcoming interdisciplinary conference on cybersecurity law and policy to be held at the George Washington University School of Media and Public Affairs on Sept. 28 and 29.

Brier will present a paper examining the outcome of Microsoft Corp. v. United States, in which the U.S. Court of Appeals for the 2nd Circuit rejected the federal government’s argument that current law allows it to obtain data stored on servers overseas. Brier examines the ruling’s potential precedential impact on privacy, current U.S. law, international relations, and developing technology.