Jerry Brito — Publications
Here is some of my published work. First are scholarly publications, mainly law review articles, and second are a selection of op-eds I published back when op-eds mattered. In addition to the below, I used to also write weekly columns for TIME and Reason.
Scholarly Articles
- The Case for Electronic Cash: Why Private Peer-to-Peer Payments are Essential to an Open Society
Coin Center (2019). - State Digital Currency Principles and Framework
Coin Center (2017). With Peter Van Valkenburg. - Bitcoin: A Primer for Policymakers
Mercatus Center (2016). With Andrea Castillo. - Bitcoin Financial Regulation: Securities, Derivatives, Prediction Markets & Gambling
16 Columbia Science and Technology Law Review 144 (2014). With Houman Shadab & Andrea Castillo. - Cryptocurrency
The New Palgrave Dictionary of Economics (2014). With Eli Dourado. - An Offer You Can’t Refuse: “Agency Threats” and the Rule of Law
37 Harvard Journal of Law and Public Policy 553 (2014). - Copyright Unbalanced: From Incentive to Excess
Mercatus Center (2012). - Regulation: A Primer
Mercatus Center (2012). With Susan Dudley. - Loving the Cyber Bomb? The Dangers of Threat Inflation in Cybersecurity Policy
3 Harvard National Security Journal 39 (2011). With Tate Watkins. - Running for Cover: The BRAC Commission as a Model for Federal Spending Reform
9 Georgetown Journal of Law & Public Policy 131 (2010). - Transparency and Performance in Government
11 North Carolina Journal of Law & Tech. 161 (2010). With Drew Perraut. - All Your Data Are Belong to Us: Liberating Government Data
Open Government (Daniel Lathrop & Laurel Ruma, eds., O’Reilly 2010). - Midnight Regulations and Regulatory Review
61 Administrative Law Review 163 (2009). With Veronique de Rugy. - Toward a More Perfect Union: Regulatory Analysis and Performance Management
8 Florida State Business Law Review 1 (2009). With Jerry Ellig. - Hack, Mash & Peer: Crowdsourcing Government Transparency
9 Columbia Science & Technology Law Review 119 (2008). - A Tale of Two Commissions: Net Neutrality and Regulatory Analysis
16 CommLaw Conspectus 1 (2007). With Jerry Ellig. - Growth in Regulation Slows: An Analysis of the U.S. Budget for Fiscal Years 2007 and 2008
29th Annual Regulators’ Budget Report. With Melinda Warren. June 2007. - Sending out an S.O.S.: Public Safety Communications Interoperability as a Collective Action Problem
59 Federal Communications Law Journal 3 (2007). - Video Killed the Franchise Star: The Consumer Cost of Cable Franchising and Policy Alternatives
5 Journal on Telecomm. & High Tech. Law 199 (2006). With Jerry Ellig. - The Spectrum Commons in Theory and Practice
2007 Stanford Technology Law Review 1 (2007). - An Orphan Works Affirmative Defense to Copyright Infringement Actions
12 Michigan Telecomm. & Tech. Law Review 75 (2005). With Bridget Dooling. - Much Ado about Nothing: The Effects of the Post-Enactment Acquisition Rule in Palazzolo v. Rhode Island
14 Federal Circuit Bar Journal 543 (2005). - Relax, Don’t Do It: Why RFID Privacy Concerns Are Exaggerated and Legislation Is Premature
2004 UCLA Journal of Law & Technology 5 (2004).
Op-Eds
- The SAFT is a Symptom of Regulatory Uncertainty
CoinDesk, November 13,2017. - What Bitcoiners Are Doing to Fight Ransomware
Fortune, June 30, 2017. - Why Bitcoin Needs Washington to Go Mainstream
Fortune, June 1, 2017. - IRS Quest for Coinbase Data Sets Dangerous Precedent
American Banker, November 29, 2016. - Let Bitcoin into the campaign
The Hill, April 10, 2015. - The Price of Bitcoin Doesn’t Matter Right Now
WIRED, January 14, 2015. - Regulators Need to Take It Easy on Bitcoin Startups
WIRED, March 6, 2014. - Bitcoin: More than Money
Reason, December 2013. - US regulations are hampering Bitcoin's growth
The Guardian, November 18, 2013. - Why Regulators Should Embrace Bitcoin
American Banker, August 21, 2013. - Cyber-Security: Stand Down, for Now, Congress
TIME, February 22, 2013. - Free WiFi for the masses? Not so fast
Washington Examiner, February 8, 2013. - Measured Response to a Limited Threat
The New York Times, October 17, 2012. - Debate: This house believes that a hyperconnected world is more rather than less secure.
The Economist, June 26, 2012. - A Note to Congress: The United Nations Isn’t a Serious Threat to Internet Freedom—But You Are
The Atlantic, June 19, 2012. With Adam Thierer. - A Shift Toward Digital Currency
New York Times, April 4, 2012. - Cyberwar Is the New Yellowcake
Wired, February 14, 2012. With Tate M. Watkins. - The Cybersecurity-Industrial Complex
Reason, August/September 2011. With Tate M. Watkins. - BRAC the federal budget: Fiscal commission needs real power to cut programs
The Washington Times, May 28, 2010. - Cyberattacks: Washington is hyping the threat to justify regulating the Internet
Christian Science Monitor, April 29, 2010. With Tate M. Watkins. - Can Congress tweet? Should bloggers care?
Ars Technica, July 28, 2008. - Failure to Communicate
The Wall Street Journal, March 27, 2007. - Who’s your daddy?
The Wall Street Journal, March 25, 2006. With Bridget Dooling.