Articles

THE IMPACT OF RECENT LEGISLATIVE AND JUDICIAL ACTIONS ON THE FUTURE OF WEBSITE ACCESSIBILITY
Connor Bradley

Individuals have increasingly relied on the internet to complete many of their daily activities. However, with the internet’s rise in importance, there has been a proliferation of accessibility issues. Many individuals with intellectual and physical disabilities are unable to use critical websites and technologies and, consequently, experience widespread exclusion.

Title III of the Americans with Disabilities Act (“ADA”) has proven an important avenue of relief. From 2017 to 2021, the number of website accessibility cases filed in federal court increased from 814 to 2,895. Predatory lawsuits—where a few individuals file numerous lawsuits—have predominated Title III litigation and drawn much criticism, especially from businesses.

Both the judicial and legislative branches have attempted to find a solution. Gil v. Winn-Dixie Stores, Inc., eventually vacated as moot, drastically changed an existing circuit split by introducing the intangible barrier standard, which effectively granted businesses greater latitude to discriminate against individuals with disabilities. The Online Accessibility Act (“OAA”), which lapsed with the expiration of the 2021-2022 congressional term, attempted to clearly articulate standards for website compliance. While both on the surface appear harmful to individuals with disabilities, Gil and the OAA illustrate an encouraging evolution toward a more uniform and clear system of internet compliance that will ultimately improve accessibility.

Part I of this Commentary details the current circuit split. Part II explains the intangible barrier standard and Gil v. Winn-Dixie Stores Inc. Part III outlines the provisions of the OAA and its criticisms. Part IV explains the lasting impacts of Gil and the OAA, while Part V outlines suggestions for future legislation to improve website accessibility, such as (1) committing to one compliance standard, (2) shortening the notice and cure period, and (3) delegating rulemaking and enforcement responsibilities to either the U.S. Access Board or the Department of Justice.

TOOLS OF THE TRADE: THE IMPACT OF NEW MECHANISMS OF THE ANTI-MONEY LAUNDERING ACT AND CORPORATE TRANSPARENCY ACT ON SANCTIONS ENFORCEMENT
Sarah Calderone

In recent years, Congress, the Executive Branch, commentators, and analysts have devoted substantial attention to the problems of corruption and money laundering through legislation, executive action, various reports, and published analyses. The time is right to focus on these issues. Although it is difficult to estimate the impact of financial crime on the economy and society more broadly, some estimates range up to $5.8 trillion.

In January 2021, the United States Congress passed the Anti-Money Laundering Act (“AMLA”) of 2020 and Corporate Transparency Act (“CTA”) as part of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2021. The respective purposes of the Acts are to expand anti-money laundering enforcement capabilities and establish beneficial ownership reporting requirements with the objective of improving corporate transparency. Describing the legislation as some of the most significant for regulating financial flows since the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (“PATRIOT Act”) of 2001, commentators have suggested that these tools will have significant effects on foreign and other criminal investigations.

Sanctions imposition and enforcement have historically aligned with the development of anti-money laundering concepts and tools. The Financial Crimes Enforcement Network (“FinCEN”) describes money laundering as “disguising financial assets so they can be used without detection of the illegal activity that produced them,” thus “transform[ing] the monetary proceeds derived from criminal activity into funds with an apparently legal source.” Such criminal activity may include sanctions evasion—which involves the laundering of money to “sanctioned entities, to sanctioned jurisdictions and/or for the purchase of sanctioned goods”— through the use of shell companies, trade finance vehicles, and correspondent banking. These actions can lead to violations by criminal individuals, groups who intentionally evade sanctions, and financial institutions that unintentionally facilitate the activity . . .

This Commentary discusses the effectiveness of additional enforcement authorities under AMLA and transparency requirements under CTA for the purposes of deterring and punishing sanctions violations. It considers the development of U.S. anti-money laundering law over time, as well as how the Acts add to the legal toolkit. It also evaluates court enforcement of sanctions violations under existing legislation and analyzes the potential impact of these acts on future enforcement. Finally, it addresses the policy implications of a national security approach to anti-money laundering for government stakeholders, corporate entities subject to the new legislation, and lawyers who, as of now, remain largely unregulated in this area. Not only do the Acts feature provisions that give transnational effect to anti-money laundering measures—which is required given the nature of the activity—but, alongside cases that bring together anti-money laundering and sanctions violations, these tools of the trade may also assist in harmonizing these areas. Addressing their siloed relationship will have important effects for the U.S. government’s national security approach to anti-corruption as well as government, corporate, and legal stakeholders.