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Technology-Enabled Co-Regulation as a New Regulatory Approach to Blockchain Implementation 技术驱动的协同监管作为区块链实施的新监管方法
Pub Date : 2021-02-27 DOI: 10.2139/ssrn.3900290
J. Jiang
Blockchain technology has great potential to reshape the financial industry. However, the existing policy and regulatory regimes fail to provide a supportive environment for blockchain technology to fulfill its potential. In this article, I propose technology-enabled co-regulation as a new approach to blockchain implementation, especially in the financial markets. This approach has two distinctive elements: a collaborative environment and a technology-enabled mechanism. A collaborative environment consists of regulatory and industry sandboxes in which regulators and industry representatives can experiment with novel ideas. A technology-enabled mechanism is empowered by regulatory technologies (RegTech) and supervisory technologies (SupTech) that support compliance with regulatory and reporting requirements and facilitate supervisory obligations. This technology-enabled co-regulation can help to achieve policy and regulatory goals: a fair and efficient market, financial stability, consumer and investor protection, law enforcement efficiency, and, most importantly, technology innovation. Technology-enabled co-regulation is preferable to traditional command-and-control regulation and self-regulation. Its collaborative and technological elements are also more advanced than a simple co-regulation is. To reach this conclusion, I conducted an impact assessment of proposed regulatory options. The impact assessment consists of five analytic steps, asking the following questions: What problems have emerged from existing policies and regulations? What are the objectives of the proposed regulations? What are the regulatory options? What are the possible impacts? How do the options compare?
区块链技术具有重塑金融业的巨大潜力。然而,现有的政策和管理制度未能为区块链技术提供一个发挥其潜力的支持性环境。在本文中,我建议将技术支持的共同监管作为区块链实施的新方法,特别是在金融市场中。这种方法有两个独特的元素:协作环境和技术支持的机制。协作环境由监管机构和行业沙箱组成,监管机构和行业代表可以在其中试验新颖的想法。技术驱动机制由监管技术(RegTech)和监管技术(SupTech)授权,这些技术支持遵守监管和报告要求,并促进监管义务。这种技术支持的共同监管可以帮助实现政策和监管目标:公平高效的市场、金融稳定、消费者和投资者保护、执法效率,以及最重要的技术创新。技术支持的协同监管比传统的命令与控制监管和自我监管更可取。它的协作和技术元素也比简单的共同监管更先进。为了得出这个结论,我对拟议的监管方案进行了影响评估。影响评估包括五个分析步骤,提出以下问题:现行政策法规出现了哪些问题?拟议规例的目的是什么?有哪些监管选择?可能的影响是什么?这些选项比较起来如何?
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引用次数: 0
Online Gatekeepers to Commerce and Culture 商业和文化的在线看门人
Pub Date : 2021-02-23 DOI: 10.2139/ssrn.3791526
John M. Yun
This Article provides a definition of “gatekeeper” in the context of digital markets. Within that discussion, it also asks whether the term is useful within antitrust. The Article also discusses potential concerns with gatekeepers that go beyond the standard litany of antitrust theories of harm—namely, information asymmetries and the representations made to users and businesses.
本文提供了数字市场背景下“看门人”的定义。在讨论中,它还询问了该术语在反垄断领域是否有用。文章还讨论了对看门人的潜在担忧,这些担忧超出了标准的反垄断理论的伤害——即信息不对称和对用户和企业的陈述。
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引用次数: 0
Keeping Geo-Blocking Practices in Check: Competition Law and Regulation 保持地理封锁实践的检查:竞争法和法规
Pub Date : 2021-02-19 DOI: 10.2139/SSRN.3789176
G. Monti
The increased use of online sales channels has led the Commission to prioritise competition law enforcement and regulatory intervention in digital markets. In this paper we show how the Commission has stepped up its efforts to ensure that there is a single digital market so that consumers in the EU can shop freely, irrespective of the location of the trader. On matters of substance, antitrust and the Geo-Blocking Regulation converge in achieving this objective. In this paper we caution against an overly aggressive stance by suggesting an effects-based approach to assess these practices, which is supported by recent case-law as well as by economic studies considering the impact of facilitating cross –border sales of copyrighted content. On matters of procedure, both antitrust and the Geo-blocking regulation appear to converge towards a more responsive method of enforcement which should be developed and codified.
越来越多地使用在线销售渠道,导致委员会优先考虑竞争执法和数字市场的监管干预。在本文中,我们展示了欧盟委员会如何加紧努力,确保有一个单一的数字市场,以便欧盟的消费者可以自由购物,而不管贸易商在哪里。在实质问题上,反垄断和地理封锁条例在实现这一目标方面是一致的。在本文中,我们提出了一种基于效果的方法来评估这些做法,这得到了最近的判例法以及考虑到促进版权内容跨境销售影响的经济研究的支持,以此来警告不要采取过于激进的立场。在程序问题上,反托拉斯和地理封锁条例似乎都趋向于一种更敏感的执行方法,这种方法应该得到发展和编纂。
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引用次数: 1
Understanding Big Data: Data Calculus in the Digital Era 理解大数据:数字时代的数据演算
Pub Date : 2021-02-05 DOI: 10.2139/ssrn.3780882
Report Luohan Academy
Information processing has been defined as “the change (processing) of information in any manner detect- able by an observer, a process that describes everything that happens in the universe, from the falling of a rock to the printing of a text file from a digital computer system.” Human society has long realized that information processing and sharing are essential to the pursuit of physical, social, and economic well-being. Knowing and sharing information about one’s surroundings is essential to success in the physical world. Knowing and sharing information about one’s “neighbors” is essential to success in the social world. “Knowing-your-customers” (KYC) in order to serve them well is the supreme norm for success in the business world. Sharing that information – the Yellow Pages practice that makes certain personal information, such as name, telephone number, and address public – has become a tradition in modern human relations.

The pervasive use of digitized information has reached a new height that we call the era of "big data." While this has led to unprecedented societal cooperation, it has also intensified three major concerns: How can we properly protect personal privacy in the age of big data? How do we understand and manage the ownership and distribution of benefits and risks arising from the use of data? Will the use of big data lead to "winner-take-all" markets that undermine competition to the detriment of consumers and society? These are the subjects of this report.

We focus on analyzing concrete evidence about "big data" to draw conclusions on its impact. As Nobel Laureate Ronald Coase (1994) suggested, it is important to step away from pure "blackboard economics" that tends to only live in [a theoretician's] mind: "what we need is more empirical work ... An inspired theoretician might do as well without such empirical work, but ... the inspiration is most likely to come through the stimulus provided by the patterns, puzzles, and anomalies revealed by the systematic gathering of data, particularly when the prime need is to break our existing habits of thought."

This viewpoint is particularly relevant because, unlike many production inputs, data has the properties of non-rivalry and non-separability. Unless an evidence-based, integrated and multi-stakeholder approach is adopted, users can be unintentionally hurt in the name of protection. We don’t want to "dismember the goose that laid the golden egg."
信息处理被定义为“以观察者可以探测到的任何方式对信息的变化(处理),一个描述宇宙中发生的一切的过程,从岩石的坠落到数字计算机系统的文本文件的打印。”人类社会早就认识到,信息处理和共享对于追求身体、社会和经济福祉至关重要。了解和分享周围环境的信息对于在现实世界中取得成功至关重要。了解和分享“邻居”的信息对于在社会上取得成功至关重要。为了更好地服务客户,“了解你的客户”(KYC)是商业世界成功的最高准则。分享这些信息——黄页的做法,使某些个人信息,如姓名、电话号码和地址公开——已经成为现代人际关系的传统。数字化信息的广泛使用已经达到了一个新的高度,我们称之为“大数据”时代。这在带来前所未有的社会合作的同时,也加剧了三大担忧:在大数据时代,我们如何妥善保护个人隐私?我们如何理解和管理数据使用带来的利益和风险的所有权和分配?大数据的使用是否会导致“赢家通吃”的市场,从而破坏竞争,损害消费者和社会利益?这些都是本报告的主题。我们专注于分析有关“大数据”的具体证据,以得出其影响的结论。正如诺贝尔奖得主罗纳德•科斯(Ronald Coase, 1994)所建议的那样,重要的是要远离往往只存在于(理论家)头脑中的纯粹“黑板经济学”:“我们需要的是更多的实证工作……一个有灵感的理论家可能没有这样的实证工作也能做得很好,但是……灵感最有可能来自系统收集数据所揭示的模式、谜题和异常现象所提供的刺激,特别是当主要需要打破我们现有的思维习惯时。这一观点尤其重要,因为与许多生产投入不同,数据具有非竞争性和不可分离性。除非采取以证据为基础的综合和多利益攸关方方法,否则用户可能在保护的名义下无意中受到伤害。我们不想“肢解下金蛋的鹅”。
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引用次数: 9
The Competition Economics of Digital Platforms 数字平台的竞争经济学
Pub Date : 2021-02-03 DOI: 10.2139/ssrn.3923884
C. Veljanovski
This article provides an overview of the competitive issues surrounding online platforms. The general theme is that while much has been made of the structural features of online platforms there is little hard evidence that these are durable monopolies. Nonetheless, there are concerns about the behaviour of large online digital platforms arising from their vertical integration, self-preferencing, killer acquisitions, and agglomeration. Developments in and relevance to ASEAN countries are discussed.
本文概述了围绕在线平台的竞争问题。总体主题是,尽管人们对在线平台的结构特征做了大量研究,但几乎没有确凿证据表明这些平台是持久的垄断。尽管如此,人们还是对大型在线数字平台的行为感到担忧,这些行为源于它们的垂直整合、自我偏好、杀手级收购和集聚。讨论了东盟国家的发展及其相关性。
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引用次数: 0
Dispelling Revisionist Myths Regarding Spectrum Property Rights in the 1920s 打破20世纪20年代关于频谱产权的修正主义神话
Pub Date : 2021-02-01 DOI: 10.2139/ssrn.3779464
C. Jackson
Failures to understand the constraints and incentives facing decisionmakers have resulted in the creation of the myth that property rights and spectrum markets would have been superior to the regulatory system of the Radio Act of 1927. Discussions of hypothetical spectrum property rights in the 1920s fail to take account of (1) the vast differences between the radio propagation conditions in the radio spectrum in use then and propagation in the bulk of the radio spectrum today and (2) the technical limitations of equipment at that time. The author concludes that spectrum property rights would have resulted in more radio service in urban areas, a substantial loss of rural service, and diminished consumer welfare.
未能理解决策者面临的约束和激励,导致了一种神话的产生,即产权和频谱市场将优于1927年《无线电法案》的监管体系。20世纪20年代关于假设频谱产权的讨论没有考虑到:(1)当时使用的无线电频谱中的无线电传播条件与今天大部分无线电频谱中的无线电传播条件之间的巨大差异;(2)当时设备的技术限制。作者的结论是,频谱产权将导致城市地区的无线电服务增加,农村地区的无线电服务大量减少,消费者福利减少。
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引用次数: 1
The U.S. Gas Pipeline Transportation Market: An Introductory Guide with Research Questions for the Energy Transition 美国天然气管道运输市场:能源转型研究问题入门指南
Pub Date : 2021-01-29 DOI: 10.2139/SSRN.3775725
Kristina Mohlin
Natural gas currently represents close to a third of U.S. primary energy consumption and has often been described as a bridge fuel in the context of the ongoing energy transition. As coal plants are retired and the share of variable renewable resources in the U.S. power markets grows, power sector CO2 emissions are declining and gas-fired power plants increasingly relied upon to provide peak and balancing services to complement the variable electricity supply from wind and solar plants. Growth in gas-fired electricity generation in the past decade has made the power sector the largest user of the U.S. interstate gas pipeline network, just ahead of the industrial and building sectors. Nevertheless, future gas demand from these latter two sectors, and from the power sector, is expected to be reduced by policy and regulatory initiatives aimed at electrification of heating loads and economy-wide decarbonization. These developments open up important questions around the role of the U.S. interstate pipeline network in the ongoing energy transition. Such questions include what changes may be needed in the gas transportation markets to provide more flexible gas delivery services to gas-fired generators that provide valuable balancing in the power markets, and how long-term stranded asset risk for gas transportation infrastructure should be managed in the face of electrification and decarbonization. The objective of this paper is to facilitate further research to address these types of questions by outlining the main market features and regulations important for understanding the U.S. gas transportation market.
天然气目前占美国一次能源消费的近三分之一,在正在进行的能源转型背景下,天然气经常被描述为桥梁燃料。随着煤电厂的退役和可变可再生资源在美国电力市场中的份额的增长,电力部门的二氧化碳排放量正在下降,燃气电厂越来越依赖于提供峰值和平衡服务,以补充风能和太阳能发电厂的可变电力供应。过去十年来,燃气发电的增长使电力部门成为美国州际天然气管道网络的最大用户,仅次于工业和建筑部门。然而,由于旨在加热负荷电气化和全经济脱碳的政策和监管举措,预计后两个部门和电力部门未来的天然气需求将减少。这些发展引发了围绕美国州际管道网络在正在进行的能源转型中的作用的重要问题。这些问题包括天然气运输市场可能需要哪些变化来为燃气发电机提供更灵活的天然气输送服务,从而在电力市场中提供有价值的平衡,以及面对电气化和脱碳,应如何管理天然气运输基础设施的长期搁浅资产风险。本文的目的是通过概述对了解美国天然气运输市场重要的主要市场特征和法规,促进进一步研究以解决这些类型的问题。
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引用次数: 0
The Efficiency of US Public Space Utilization During the COVID-19 Pandemic 新冠肺炎疫情期间美国公共空间利用效率研究
Pub Date : 2021-01-27 DOI: 10.2139/ssrn.3774478
Seth G. Benzell, A. Collis, C. Nicolaides
The COVID-19 pandemic has called for and generated massive novel government regulations to increase social distancing for the purpose of reducing disease transmission. A number of studies have attempted to guide and measure the effectiveness of these policies, but there has been less focus on the overall efficiency of these policies. Efficient social distancing requires implementing stricter restrictions during periods of high viral prevalence and rationing social contact to disproportionately preserve gatherings that produce a good ratio of benefits to transmission risk. To evaluate whether US social distancing policy actually produced an efficient social distancing regime, we tracked consumer preferences for, visits to, and crowding in public locations of 26 different types. We show that the US’s rationing of public spaces, post-spring 2020, has failed to achieve efficiency along either dimension. In April 2020 the US did achieve notable decreases in visits to public spaces and focused these reductions in locations that offer poor benefit-to-risk trade-offs. However, this achievement was marred by an increase, from March to April, in crowding at remaining locations due to fewer locations remaining open. In December 2020, at the height of the pandemic so far, crowding in and total visits to locations were higher than in February, before the US pandemic, and these increases were concentrated in locations with the worst value-to-risk tradeoff.
COVID-19大流行要求并催生了大量新的政府法规,以增加社会距离,以减少疾病传播。一些研究试图指导和衡量这些政策的有效性,但对这些政策的总体效率的关注较少。有效的社会距离需要在病毒高流行期间实施更严格的限制,并对社会接触进行定量配给,以不成比例地保护那些产生良好的传播风险与收益之比的聚会。为了评估美国的社会距离政策是否真的产生了有效的社会距离制度,我们跟踪了消费者对26种不同类型公共场所的偏好、访问和拥挤情况。我们的研究表明,2020年春季之后,美国对公共空间的配给,在这两个方面都未能实现效率。2020年4月,美国确实实现了公共场所访问量的显著减少,并将减少的数量集中在效益与风险权衡不佳的地方。但是,从3月至4月,由于开放的地点较少,其余地点的拥挤情况有所增加,这一成就受到损害。2020年12月,在疫情最严重的时候,各地点的拥挤程度和总访问量都高于美国疫情爆发前的2月,这些增加集中在价值与风险权衡最糟糕的地方。
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引用次数: 1
Trading On-Chain: How Feasible is Regulators’ Worst-Case Scenario? 链上交易:监管机构的最坏情况有多可行?
Pub Date : 2021-01-19 DOI: 10.2139/ssrn.3769340
Mahsa Moosavi, Jeremy Clark
When consumers trade financial products, they typically use well-identified service providers that operate under government regulation. In theory, decentralized platforms like Ethereum can offer trading services ‘on-chain’ without an obvious entry point for regulators. Fortunately for regulators, most trading volume in blockchain-based assets is still on centralized service providers for performance reasons. However this leaves the following research questions we address in this paper: (i) is secure trading (i.e., resistant to front-running and price manipulation) even feasible as a fully ‘on-chain’ service on a public blockchain, (ii) what is its performance benchmark, and (iii) what is the performance impact of novel techniques (e.g., ‘rollups’) in closing the performance gap? To answer these questions, we ‘learn by doing’ and custom design an Ethereum-based call market (or batch auction) exchange, Lissy, with favorable security properties. We conduct a variety of optimizations and experiments to demonstrate that this technology cannot expect to exceed a few hundred trade executions per block (i.e., 13s window of time). However this can be scaled dramatically with off-chain execution that is not consumer-facing. We also illustrate, with numerous examples throughout the paper, how blockchain deployment is full of nuances that make it quite different from developing in better understood domains (e.g., cloud-based web applications).
当消费者交易金融产品时,他们通常会使用在政府监管下运作的识别良好的服务提供商。理论上,像以太坊这样的去中心化平台可以在没有监管机构明显入口的情况下提供“链上”交易服务。对于监管机构来说,幸运的是,出于性能原因,基于区块链的资产的大部分交易量仍然是集中的服务提供商。然而,这留下了我们在本文中解决的以下研究问题:(i)安全交易(即抵抗抢先运行和价格操纵)作为公共区块链上的完全“链上”服务是否可行,(ii)其性能基准是什么,以及(iii)新技术(例如“rollups”)在缩小性能差距方面的性能影响是什么?为了回答这些问题,我们“边做边学”并定制设计了一个基于以太坊的呼叫市场(或批量拍卖)交易所Lissy,具有良好的安全属性。我们进行了各种优化和实验,以证明该技术不能期望每个区块超过几百个交易执行(即13秒的时间窗口)。然而,这可以通过不面向消费者的链下执行来显着扩展。我们还通过本文中的许多示例说明了区块链部署如何充满细微差别,使其与在更好理解的领域(例如,基于云的web应用程序)中开发完全不同。
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引用次数: 0
Why Meta-Research Matters to Regulation and Governance Scholarship: An Illustrative Evidence Synthesis of Responsive Regulation Research 为什么元研究对监管和治理奖学金很重要:响应性监管研究的说明性证据综合
Pub Date : 2021-01-08 DOI: 10.2139/ssrn.3762531
J. van der Heijden
This article is an introduction to meta-research, a systematic and replicable process of synthesizing research findings across a body of original research. After introducing the reader to the core of meta-research methodology, meta-research logic and tools are applied to present an evidence synthesis of empirical research on responsive regulation. The article concludes with a meta-research agenda for regulation and governance scholarship, and five key lessons from the empirical responsive regulation literature.
本文是对元研究的介绍,元研究是一个系统的、可复制的过程,它综合了一系列原始研究的研究成果。在向读者介绍元研究方法的核心之后,运用元研究逻辑和工具,对响应性监管的实证研究进行了证据综合。本文总结了监管和治理学术的元研究议程,以及从实证响应性监管文献中获得的五个关键教训。
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引用次数: 5
期刊
ERN: Regulation (IO) (Topic)
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