February 13, 2015
The Richmond Journal of Law and Technology is proud to present its second issue of the Twenty-First Volume. As one of the leading publications in the legal technology field, JOLT has the privilege of publishing articles that address topics at the forefront of the law. From the Journal’s inception in 1995, JOLT has strived to be a step ahead of these laws in an effort to help shape the emerging legal landscape. Additionally, JOLT recognizes the practical benefit that many of its articles have on legal professionals and we publish articles with this goal in mind. The following articles embody this balance between innovation and practicality and we look forward to the discussions they evoke.
In our first article, “An Uneasy Balance: Personal Information and Crowdfunding under the JOBS Act,” Brice Kindred addresses the very pressing concern of data breaches as related to crowdfunding under the Jumpstart Our Business Startups (“JOBS”) Act. With the emergence of crowdfunding as a prominent means of raising funds for a variety of ventures, the concern naturally has become the security and privacy risks associated with the release of investor information. Kindred addresses these concerns and discusses the effectiveness of the Securities and Exchange Commission’s proposed regulations. The article acknowledges the inherent tension between investor protection, privacy, and data security and ultimately concludes that the SEC should require specific protective measures for the collecting and handling of this sensitive information.
Authors James A. Sherer, Taylor M. Hoffman, and Eugenio E. Ortiz provide our second article, entitled “Merger and Acquisition Due Diligence: A Proposed Framework to Incorporate Data Privacy, Information Security, E-Discovery, and Information Governance into Due Diligence Practices.” The article addresses the emergence of new technologies in modern M&A practices and the data privacy (DP), information security (IS), e-Discovery, and information governance (IG) concerns that have surfaced as a result. The authors argue for a strategic framework that incorporates DP, IS, e-Discovery, and IG elements throughout M&A deals. The article provides a focused look at these elements at various stages of the deal process. Ultimately, the authors suggest that, when implemented appropriately, their proposed framework has the ability to provide efficient and reliable insight into the true overall costs, benefits, and risks of a deal.
In our final article, “The Internet of Things and Wearable Technology: Addressing Privacy and Security Concerns without Derailing Innovation,” author Adam D. Thierer presents a thorough discussion of the future of wearable technology. The article recognizes the privacy and safety concerns that this new technology will pose to policymakers. Yet, despite this realization, Thierer recommends that the technology should be allowed to develop in a largely unabated fashion. This recommendation however is not meant to suggest that the Internet of Things should be left unregulated. Instead, Thierer proposes a more creative, “bottom-up” and “layered” approach that focuses on education, changing social norms, public pressure, self-regulation, and industry best practices. Thierer asserts that this type of streamlined regulatory regime will provide the safeguards that society needs without preemptively stifling innovation.
On behalf of the entire 2014-2015 JOLT staff, I want to extend our sincerest thanks for your continued readership. I would like to thank each of our authors for the time and hard work they have put into these articles. I would also like to recognize and thank the JOLT Editorial Board and staff for their continued dedication and diligence in completing this issue. As always, JOLT greatly appreciates the ongoing support from the University of Richmond School of Law and is especially grateful for the guidance of our faculty advisors, Dean Jim Gibson and Professor Chris Cotropia.
Thank you for visiting JOLT. We are confident that you will enjoy our second issue. As always, your questions, comments, and suggestions are encouraged and welcome at firstname.lastname@example.org.
Laura M. Bedson
1. An Uneasy Balance: Personal Information and Crowdfunding under the JOBS Act by Brice Kindred
2. Merger and Acquisition Due Diligence: A Proposed Framework to Incorporate Data Privacy, Information Security, E-Discovery, and Information Governance into Due Diligence Practices by James A. Sherer, Taylor M. Hoffman, and Eugenio E. Ortiz