scholarly journals From Inactivity to Full Enforcement: The Implementation of the "Do No Harm" Approach in Initial Coin Offerings

2020 ◽  
pp. 175
Author(s):  
Marco Dell'Erba

This Article analyzes the way the Securities and Exchange Commission (“SEC”) has enforced securities laws with regard to Initial Coin Offerings (“ICOs”). In a speech held in 2016, the U.S. Commodities Futures Trading Commission (“CFTC”) Chairman Christopher Giancarlo emphasized the similarities between the advent of the blockchain technology and the Internet era. He offered the “do no harm” approach as the best way to regulate blockchain technology. The Clinton administration implemented the “do no harm” approach at the beginning of the Internet Era in the 1990s when regulators sought to support technological innovations without stifling them with burdensome rules. This Article suggests that the SEC adopted a “do no harm approach” and successfully pursued two of its fundamental institutional goals when enforcing securities laws in the context of ICOs: investor protection and preservation of capital formation. After providing a brief description of the basics of ICOs and the way they have evolved in the last two years, this Article examines the transition into a new phase of full enforcement action implemented by the SEC. This shift from inactivity to enforcement was gradual, characterized by clearly identifiable steps. Data on ICOs demonstrates that this rigorous enforcement of securities laws has not damaged the industry in the United States and may suggest that entrepreneurs have adapted to this enforcement approach. By contrast, a lack of enforcement would have probably increased uncertainty to the detriment of investors and entrepreneurs and put the UNITED STATES at a disadvantage in the international arena. Furthermore, this paper emphasizes the importance of pursuing specific goals in the short-to-medium term, particularly in order to make securities regulation uniform and avoid differences at the state and federal levels, as well as to encourage industry authorities such as Self-Regulatory Organizations (SROs) to develop high standards for self-regulation.

2007 ◽  
Vol 8 (1) ◽  
pp. 43-70 ◽  
Author(s):  
SUSAN L. SHIRK

China has undergone a media revolution that has transformed the domestic context for making foreign policy as well as domestic policy. The commercialization of the mass media has changed the way leaders and publics interact in the process of making foreign policy. As they compete with one another, the new media naturally try to appeal to the tastes of their potential audiences. Editors make choices about which stories to cover based on their judgments about which ones will resonate best with audiences. In China today, that means a lot of stories about Japan, Taiwan, and the United States, the topics that are the objects of Chinese popular nationalism. The publicity given these topics makes them domestic political issues because they are potential focal points for elite dis-agreement and mass collective action, and thereby constrains the way China' leaders and diplomats deal with them. Even relatively minor events involving China' relations with Japan, Taiwan, or the United States become big news, and therefore relations with these three governments must be carefully handled by the politicians in the Communist Party Politburo Standing Committee. Because of the Internet, it is impossible for Party censors to screen out news from Japan, Taiwan or the United States that might upset the public. Common knowledge of such news forces officials to react to every slight, no matter how small. Foreign policy makers feel especially constrained by nationalist public opinion when it comes to its diplomacy with Japan. Media marketization and the Internet have helped make Japan China' most emotionally charged international relationship.


2021 ◽  
pp. 1-12
Author(s):  
Marc I. Steinberg

This chapter explains the need for the “rethinking” of the federal securities laws, with particular emphasis on the Securities Act of 1933 and the Securities Exchange Act of 1934. Recognizing the historical preeminence of the U.S. securities law framework, the chapter first highlights key attributes that facilitate the effectuation of this achievement. Thereafter, the chapter addresses problematic characteristics of U.S. securities regulation. As set forth therein, the framework of securities regulation that exists today in the United States is comprised of piecemeal federal legislation, judicial decisions, SEC action, state securities (blue sky) activity, and self-regulatory organization oversight. As a consequence, the presence of consistent and logical regulation all too often is absent. With frequency, in both transactional and litigation settings, mandates apply that are erratic and antithetical to sound public policy. Setting the stage, in a preliminary manner, the chapter identifies several of the key problematic areas, succinctly explains their deficiencies, and suggests corrective measures that should be implemented.


2011 ◽  
Vol 23 (4) ◽  
pp. 186-191 ◽  
Author(s):  
Malini Ratnasingam ◽  
Lee Ellis

Background. Nearly all of the research on sex differences in mass media utilization has been based on samples from the United States and a few other Western countries. Aim. The present study examines sex differences in mass media utilization in four Asian countries (Japan, Malaysia, South Korea, and Singapore). Methods. College students self-reported the frequency with which they accessed the following five mass media outlets: television dramas, televised news and documentaries, music, newspapers and magazines, and the Internet. Results. Two significant sex differences were found when participants from the four countries were considered as a whole: Women watched television dramas more than did men; and in Japan, female students listened to music more than did their male counterparts. Limitations. A wider array of mass media outlets could have been explored. Conclusions. Findings were largely consistent with results from studies conducted elsewhere in the world, particularly regarding sex differences in television drama viewing. A neurohormonal evolutionary explanation is offered for the basic findings.


2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Eko Wahyono ◽  
Rizka Amalia ◽  
Ikma Citra Ranteallo

This research further examines the video entitled “what is the truth about post-factual politics?” about the case in the United States related to Trump and in the UK related to Brexit. The phenomenon of Post truth/post factual also occurs in Indonesia as seen in the political struggle experienced by Ahok in the governor election (DKI Jakarta). Through Michel Foucault's approach to post truth with assertive logic, the mass media is constructed for the interested parties and ignores the real reality. The conclusion of this study indicates that new media was able to spread various discourses ranging from influencing the way of thoughts, behavior of society to the ideology adopted by a society.Keywords: Post factual, post truth, new media


Author(s):  
Edward Herbst

Bali 1928 is a restoration and repatriation project involving the first published recordings of music in Bali and related film footage and photographs from the 1930s, and a collaboration with Indonesians in all facets of vision, planning, and implementation. Dialogic research among centenarian and younger performers, composers and indigenous scholars has repatriated their knowledge and memories, rekindled by long-lost aural and visual resources. The project has published a series of five CD and DVD volumes in Indonesia by STIKOM Bali and CDs in the United States by Arbiter Records, with dissemination through emerging media and the Internet, and grass-roots repatriation to the genealogical and cultural descendants of the 1928 and 1930s artists and organizations. Extensive research has overcome anonymity, so common with archival materials, which deprives descendants of their unique identities, local epistemologies, and techniques, marginalizing and homogenizing a diverse heritage so that entrenched hegemonies prevail and dominate discourse, authority, and power.


2021 ◽  
pp. 1-41
Author(s):  
Ana Cristina Lindsay ◽  
Qun Le ◽  
Denise Lima Nogueira ◽  
Márcia M. T. Machado ◽  
Mary L. Greaney

Abstract Objectives: The objective of this study was to assess sources of information about gestational weight gain (GWG), diet, and exercise among first-time pregnant Brazilian women in the United States (US). Design: Cross-sectional survey. Setting: Massachusetts, United States. Participants: First-time pregnant Brazilian women. Results: Eighty-six women, the majority of whom were immigrants (96.5%) classified as having low-acculturation levels (68%), participated in the study. Approximately two-thirds of respondents had sought information about GWG (72.1%), diet (79.1%), and exercise (74.4%) via the internet. Women classified as having low acculturation levels were more likely to seek information about GWG via the internet (OR = 7.55; 95% CI: 1.41, 40.26) than those with high acculturation levels after adjusting for age and receiving information about GWG from healthcare provider (doctor or midwife). Moreover, many respondents reported seeking information about GWG (67%), diet (71%), and exercise (52%) from family and friends. Women who self-identified as being overweight pre-pregnancy were less likely to seek information about diet (OR = 0.32; 95% CI: 0.11, 0.93) and exercise (OR = 0.33; 95% CI: 0.11, 0.96) from family and friends than those who self-identified being normal weight pre-pregnancy. Conclusions: This is the first study to assess sources of information about GWG, diet, and exercise among pregnant Brazilian immigrants in the US. Findings have implications for the design of interventions and suggest the potential of mHealth intervention as low-cost, easy access option for delivering culturally and linguistically tailored evidence-based information about GWG incorporating behavioral change practices to this growing immigrant group.


2002 ◽  
Vol 30 (2) ◽  
pp. 76-88
Author(s):  
Larry W. Bowman ◽  
Diana T. Cohen

The sample frame was constructed over several months through the combined efforts of three graduate students and Prof. Larry W. Bowman. Using the Internet whenever possible, and backed by the assistance of colleagues from many institutions, we constructed a sample frame of 1,793 U.S.-based Africanists. Our sample frame includes 46 percent more Africanists than the 1,229 individual U.S. members of the African Studies Association (ASA) in 2001 (1,112 individual members and 117 lifetime members). In all cases we allowed institutions to self-define who they considered their African studies faculty to be. By assembling this broad sample frame of African studies faculty, we probe more deeply into the national world of African studies than can be done even through a membership survey of our largest and most established national African studies organization. The sample frame for this study approximates a full enumeration of the Africanist population in the United States. Therefore, data collected from samples drawn from this frame can with some confidence be generalized to all Africanists in the United States, with minimal coverage error.


2021 ◽  
Vol 8 (2) ◽  
pp. 183-212
Author(s):  
Agung Kurniawan Sihombing ◽  
Rika Ratna Permata ◽  
Tasya Safiranita Ramli

In the rapid technological development, physical boundaries have begun to disappear. The internet has created a ‘free culture’. In addition, the era is challenging the copyright concept along with the emergence of ‘digital copyright’. It has become the main commodity of Over-the-Top services providing means of communication and entertainment through the internet. Content streaming service like Netflix uses films, as well as other cinematographic works, as its main commodities. OTT Streaming media helps to protect copyright holders' rights that previously have been violated by illegal streaming sites on the internet. Unfortunately, it also raises a new question: how digital copyright-objects can be protected in this kind of service. Without physical form, copyright object can be distributed easily on the internet, and it may lead to right violations. To answer this problem, the authors aim to describe the digital copyright protection on OTT Streaming Content Media in Indonesia and compare them to the 1998 Digital Millennium Copyright Act (DMCA) of the United States of America using a descriptive-analytical approach. This study employed a normative juridical approach with secondary data. The results of this study indicate that digital copyright protection in Indonesia is still centered on conventional copyright objects, and a sui generis law is needed to provide better protection for digital copyright objects.


2009 ◽  
Vol 24 (2) ◽  
pp. 137-142
Author(s):  
Park Y. J.

Most stakeholders from Asia have not actively participated in the global Internet governance debate. This debate has been shaped by the Internet Corporation for Assigned Names and Numbers(ICANN) since 198 and the UN Internet Governance Forum (IGF) since 2006. Neither ICANN nor IGF are well received as global public policy negotiation platforms by stakeholders in Asia, but more and more stakeholders in Europe and the United States take both platforms seriously. Stakeholders in Internet governance come from the private sector and civil society as well as the public sector.


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