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Articles by David Kim

Central Bank Digital Currencies: Trojan Horses Delivering 
Mass Surveillance Under the Guise of Monetary Innovation

“He who controls the food supply controls the people; he who controls the energy can control whole continents; he who controls money can control the world.” – Widely Attributed to Henry Kissinger

Introduction to Central Bank Digital Currencies

Central banks around the world have long issued money in physical form, but the rise of digital technologies has spurred them to explore new frontiers, such as a Central Bank Digital Currency (“CBDC”), a digital version of a nation’s fiat money issued and backed directly by the central bank. Proponents herald CBDCs as the next evolution of money, a digital counterpart to physical cash, promising a more efficient financial landscape: reduced transaction fees, streamlined e-­commerce and international transfers, and greater financial inclusion for the unbanked. They envision a “digital banknote” for an increasingly digital world, fostering innovation and modernizing payment systems. Yet these promises conceal a sinister reality. CBDCs are not a mere upgrade to our financial infrastructure – they represent a seismic transformation of money itself, centralizing unprecedented power in the hands of governments and threatening financial privacy and individual liberty on an unimaginable scale. 

Imagine an ordinary citizen, Jane, buying coffee with a CBDC. Unlike cash, which leaves no ...

U.S. Sentencing Commission Adopts 2025 Amendments 
to Resolve Circuit Conflicts

On April 30, 2025, the United States Sentencing Commission submitted amendments to the federal sentencing guidelines to Congress, set to take effect on November 1, 2025, absent congressional action. These amendments address two significant circuit court conflicts concerning the application of robbery guidelines and criminal history calculations. This article provides ...

The Flawed Science of Cannabis Impairment Detection: 
The Need for Evidence-Based Reform

As state after state abandons the failed experiment of marijuana prohibition, a critical public safety challenge remains largely unaddressed: how do we accurately and fairly identify individuals whose cannabis use has rendered them dangerously impaired behind the wheel or in safety-sensitive workplaces? Dr. William J. McNichol’s paper in the ...

Summary of the 2025 Drug Offenses Amendment 
by the U.S. Sentencing Commission

On April 30, 2025, the United States Sentencing Commission (“USSC”), an independent agency within the judicial branch established under the Sentencing Reform Act of 1984, promulgated a multi-part amendment to the federal sentencing guidelines addressing drug offenses, effective November 1, 2025. This amendment revises guidelines related to drug trafficking, ...

Tenth Circuit Announces Motor Vehicles Are Not Per Se Instrumentalities of Interstate Commerce Under Commerce Clause for Purposes of the Federal Kidnapping Statute

The United States Court of Appeals for the Tenth Circuit held that motor vehicles are not per se instrumentalities of interstate commerce for purposes of the Commerce Clause, so the intrastate use of a motor vehicle during the commission of an alleged kidnapping alone is not sufficient to support a ...

The Quiet Transformation of Government Data 
into a Mass Surveillance Tool

In recent years, the federal government has been repurposing data originally collected for public services—such as tax filing, health care enrollment, and labor oversight—into a powerful tool for mass surveillance and law enforcement. Fueled by executive orders, agreements between government agencies, and partnerships with private companies, this shift has unfolded ...

The Arrival of REAL ID: National ID Cards 
and Internal Passports in America

A common trope in science fiction involves a dystopian future where every trip to the airport, government office, and other routine errands of daily life requires residents to show a standardized ID, their every move tracked through a web of mass surveillance. That fictional dystopian future came one step closer ...

Beyond the City Limits: How Rural Sheriff’s Departments 
Are Driving the Spike in Police Killings

A teenager fatally shot by a deputy on a roadway in New Mexico during the previous summer represents part of an escalating pattern of such incidents.

While driving across the plains of southern New Mexico one evening last summer, Gina Via initially mistook a figure for an elk. Approaching nearer, ...

Fourth Circuit Announces Sentencing Disparity 
Between Defendant and Co-Defendants Alone Constitutes ‘Extraordinary and Compelling’ Reason Sufficient 
to Justify Compassionate Release

The United States Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Eastern District of Virginia did not abuse its discretion in granting the defendant’s motion for compassionate release based on sentencing disparities alone between the defendant and his co-defendants because those disparities constituted ...

SCOTUS Announces ‘Economic Loss’ Not Required 
to Violate Federal Wire Fraud Statute

In resolving a split among the United States Courts of Appeals, the Supreme Court of the United States held that a defendant who induces a victim to enter into a contract under false pretenses may be convicted of federal wire fraud under 18 U.S.C. § 1343 even though the defendant did ...

 

 

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