Pittsburgh Journal of Technology Law and Policy (University of Pittsburgh)
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Transformative Technology in Microfinance: Delivering Hope Electronically?
Get PDFConsidered a lifeline, and a convenience, a mobile phone has now acquired another transformative dimension within the microfinance context. As a result of the proliferation of mobile banking in emerging markets and developing countries, microfinance institutions (“MFIs”) have adopted similar technological enhancements to deliver microfinance products. This paper will explore how emerging technology advances has altered the contours of microfinance, specifically mobile banking (also known as “m-banking”) which is utilized to facilitate efficient financial services to a vast number of people without access to the formal banking system and financial services, otherwise known as the “unbanked”. This discussion offers a snapshot of the current state of mobile banking, and examines the kaleidoscopic approach used by microfinance institutions through several auxiliary considerations. Part I examines the underlying rationale in employing a cashless banking paradigm and illustrates how mobile banking is administered institutionally. Part II seeks to highlight the regulatory considerations intractable within the mobile banking discourse, and is intended to provide a survey of the current regulatory landscape, and finally, Part III focuses on uncovering the consumer perspective, and calls for a conceptual refinement in the interconnection of the social context within mobile banking. This paper is not intended to be categorized as a comparative law piece; rather its primary objective is to provide a snapshot of how certain jurisdictions have embraced mobile banking platforms and their legislative response thereto. This discussion is merely offered as part of a functionalist approach discourse currently adopted by regulators; as such this paper only offers a cursory perspective of emerging legal considerations within the mobile banking context as it relates to MFIs
There’s No Business Like the State Film Tax Incentive Business: An Analysis of Pennsylvania’s Film Production Tax Credit Program
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Interpreting the Computer Fraud and Abuse Act
Get PDFComputers play an integral role in today’s society. While computers provide many benefits, they are increasingly used as tools for wrongdoing, causing estimated losses of billions of dollars each year. Computer hackers can, among other things, fraudulently alter accounts, steal business or personal information, and corrupt or disable computer systems. Congress enacted and has repeatedly amended the Computer Fraud and Abuse Act (“CFAA”) to combat the increasing proliferation of computer crimes. This article argues that the Courts of Appeals have not adequately interpreted the foundational terms of the Act and recommends an interpretation of the Act that builds upon the narrower definitions to comprehensively define the scope of the Act’s coverage
CODING FOR LIFE - SHOULD ANY ENTITY HAVE THE EXCLUSIVE RIGHT TO USE AND SELL ISOLATED DNA?
Get PDFMyriad Genetics, Inc. ("Myriad") obtained patents in the 1990s on two "isolated" human breast and ovarian cancer susceptibility genes ("BRCA"). Myriad did not list all the isolated sequences it claims to have a right to monopolize, but instead claims a patent on the physical phenomena itself -- all DNA segments that code for the BRCA1 polypeptide, even the sequences Myriad has not identified and even those someone else in the future creates or isolates the sequences of through a method or methods not contemplated by Myriad. An impressive array of non-profit medical societies, doctors and patients sued to have the Myriad patents declared invalid. In 2010, the District Court for the Southern District of New York held in Association for Molecular Pathology v. United States Patent and Trademark Office that the claimed product patents for isolated DNA segments constituted unpatentable subject matter under 35 U.S.C. §101. On July 29, 2011, a divided panel of the Federal Circuit reversed the District Court and held that the isolated DNA segments constituted patentable subject matter. Of the three member panel, Judge Lourie concluded that the isolated DNA was markedly different than the native DNA, so constituted patentable subject matter. Although Judge Moore agreed that certain DNA segments constituted patentable subject matter, she believed that the longer isolated DNA segments probably did not constitute patentable subject matter. However, primarily in light of the fact that the US Patent and Trademark Office has been granting patents for isolated DNA for years, Judge Moore concurred in the judgment of Judge Lourie. Judge Bryson concurred on one of the product claims (for synthetic cDNA) but dissented on claims pertaining to the isolated DNA segments on the grounds that isolated DNA did not differ markedly from the native DNA and that the function of the isolated DNA was identical to the function of the native DNA.The Supreme Court stated that "Congress may not authorize the issuance of patents whose effects are to remove existent knowledge from the public domain, or to restrict free access to materials already available." This article argues that the Federal Circuit - not Congress - has done just that and has given Myriad a wall to restrict free access to materials that have literally been in humans for centuries. The isolated DNA segments of claim 1 do exactly the same coding as do the native segments--nothing more; nothing less. The segments of claim 1 do not act as primers or probes, so they do not have markedly different characteristics or utility than native DNA, which the Supreme Court has ruled courts must consider. Moreover, the functioning of the sequence of the nucleotide bases is a physical phenomenon that Myriad has not created but has captured in its claim. Judges Lourie and Moore disregarded Supreme Court precedent and the fundamental principle that physical phenomena are not patentable subject matter
TAXING VIRTUAL WORLDS: CAN THE IRS PWN YOU?
Get PDFThis article examines whether the transactions between players of online virtual world games can give rise to taxable events. It also compares two earlier articles on the same topic, and argues that the intellectually pure conclusion is that every transaction in virtual worlds creates a taxable event. While the article concludes that the events are taxable, it argues that similar to frequent flier miles, the income from a virtual transaction should not be taxed until it is converted to real world currency. The IRS has implemented Section 6050W designed to require companies like PayPal to report the transactions of their biggest customers. The rules are applicable to virtual world players, but do not perform a sufficient function of ensuring reporting compliance because the number of transactions required to trigger a report are far too high
Storm Fronts and Filmmaking: Cloud Computing Regulation and the Impact on Independent Filmmakers
Get PDFSMARTPHONE USAGE AND THE NEED FOR CONSUMER PRIVACY LAWS
Get PDFMany Americans use smartphones for a variety of personal, recreational, and business affairs. While the increasing popularity of smartphones and mobile technology has advanced communication, new uses have created privacy breaches of personal and consumer information. This article examines the different ways that American smartphone users use their mobile devices as well as the various types of data created.This article also explores the vulnerabilities faced by smartphone users. Vulnerabilities occur through the use of traditional hacking and malware, but can extend to the collection and dissemination of personal and consumer information by smartphone applications. The article concludes by examining different solutions for privacy breaches. Some solutions may be implemented on an individual or institutional level. Other solutions to privacy breaches require the enforcement and extension of legislation upon telecommunication companies and application developers