673 Jon M. Huntsman Hall
3730 Walnut Street
Philadelphia, PA 19104
Research Interests: Blockchain and digital assets, Internet policy, ethics of artificial intelligence, gamification
Links: CV, Personal Website, Kevin Werbach (@kwerb) on Twitter
JD, Harvard University, 1994; BA, University of California at Berkeley, 1991
UBS (2022). Advising on strategic implications of blockchain and digital assets.
PriceWaterhouseCoopers (2022). Advising on blockchain technology.
Central Intelligence Agency (2019). Training program on blockchain technology and applications.
Wharton: 2004-present
FCC Agency Review Co-Lead, Obama-Biden Transition Project (2008); Founder, Supernova Group, 2002-present; Editor, Release 1.0, 1998-2002; Counsel for New Technology Policy, Federal Communications Commission, 1994-1998
Professional Leadership 2017-2022
Fellow, Global Institute for Communications (GLOCOM), 2002-present; Editorial Board, Info: The Journal of Policy, Regulation and Strategy for Telecommunications, Information and Media, 2010-present; International Editorial Board, Ohio State Technology Law Journal, 2006-present; Editorial Board, Journal of Information Policy, 2010-present; Faculty Affiliate, Penn Center for Technology, Innovation, and Competition, 2010-present; Faculty Affiliate, Warren Center for Network and Data Sciences (2013-present); Fellow, Columbia University Institute of Tele-Information (2016-present); Faculty Affiliate, Ostrom Workshop, Indiana University (2019-present); Advisory Board, MIT Cryptocurrency Research Review (2019-present); Faculty Affiliate, Penn Program on Regulation (2020-present); Faculty Affiliate, Wharton AI for Business (2020-present); Expert Member, European Group on Blockchain Ethics (2021-present); Advisory Council, Blockchain for Europe (2021-present); Academic Advisory Body, International Association for Trusted Blockchain Applications (2019-present)
Corporate and Public Sector Leadership 2017-2022
Observing Member, Global Blockchain Business Council (2022-present); Testimony before the US Senate Agriculture Committee, Hearing on Examining Digital Assets: Risks, Regulation, and Innovation, February 9, 2022; Testimony before the US Congress Joint Economic Committee, Hearing on Demystifying Crypto: Digital Assets and the Role of Government, November 17, 2021; Board Member, Digital Health Engagement Institute (2021-present); Director, Public Knowledge (2011-2020; Treasurer, 2013-2020)
Kevin Werbach and David Zaring (Forthcoming), Systemically Important Technology.
Kevin Werbach and David Zaring, Systemically Important Technology in Oxford Business Law Blog, May 25, 2022.
Kevin Werbach and Bianca Kremer, The Global Challenge of Digital Asset Regulation in TechReg Chronicle, February 2022.
Brian Feinstein and Kevin Werbach (2021), The Impact of Cryptocurrency Regulation on Trading Markets, Journal of Financial Regulation.
Kevin Werbach, What Is Decentralized Finance? An Expert on Bitcoins and Blockchains Explains the Risks and Rewards of DeFi in The Conversation, August 5, 2021.
Kevin Werbach, Finance 3.0: DeFi, Dapps, and the Promise of Decentralized Disruption in The Reboot, July 15, 2021.
Kevin Werbach The Decentralized Finance (DeFi) Policy-Maker Toolkit.
Kevin Werbach, DeFi Is the Next Frontier for Fintech Regulation in Regulatory Review, April 28, 2021.
Kevin Werbach and Brian Feinstein, Don’t Fear Cryptocurrencies. Manage Them in New York Times, April 14, 2021.
Kevin Werbach, Yes, Trading Is a Game, Just Not the One Many Investors Signed Up For in Barrons, February 21, 2021.
LGST 2420/6420: Big Data, Big Responsibilities
LGST 6120: Responsibility in Business
LGST 2440/6440: Blockchain and Cryptocurrencies
This course examines the complex and often novel legal issues surrounding the development and current state of the Internet, information privacy, and cybersecurity. Topics include federal- and state-level regulation and enforcement of Internet and privacy legal concepts, data breaches, online privacy protections, how to legally manage a borderless Internet, and the liability of intermediaries such as network operators, social media services, and search engines.
Significant technologies always have unintended consequences, and their effects are never neutral. A World of ubiquitous data, subject to ever more sophisticated collection, aggregation, and analysis, creates massive opportunities for both financial gain and social good. It also creates dangers in areas such as privacy, security, discrimination, exploitation, and inequality, as well as simple hubris about the effectiveness of management by algorithm. Firms that anticipate the risks of these new practices will be best positioned to avoid missteps. This course introduces students to the legal, policy, and ethical dimensions of big data, predictive analytics, and related techniques. It then examines responses-both private and governmental-that may be employed to address these concerns.
Blockchain techonology is a form of decentralized database that allows for the secure exchange of value without reliance on trusted intermediaries. Blockchain is the foundation for cryptocurrencies such as Bitcoin, as well as for distributed ledger platforms used by enterprise consortia in various industries. Many believe that blockchain solutions have revolutionary potential. They promise to replace legal enforcement with technical mechanisms of cryptographic consensus as the means of generating trust. The technology has generated significant excitement, investment, and entrepreneurial activity in recent years. However, the business value of blockchain-based solutions is uncertain, cryptocurrency valuations are speculative, and there are serious legal, regulatory, and governance challenges to be addressed. This course is designed to give students the tools for critical assessment of ongoing developments in this evolving area.
A study of the nature, functions, and limits of law as an agency of societal policy. Each semester an area of substantive law is studied for the purpose of examining the relationship between legal norms developed and developing in the area and societal problems and needs. Please see department for current offerings.
This course uses the global business context to introduce students to important legal, ethical and cultural challenges they will face as business leaders. Cases and materials will address how business leaders, constrained by law and motivated to act responsibly in a global context, should analyze relevant variables to make wise decisions. Topics will include an introduction to the basic theoretical frameworks used in the analysis of ethical issues, such as right-based, consequentialist-based, and virtue-based reasoning, and conflicting interpretations of corporate responsibility. The course will include materials that introduce students to basic legal (common law vs. civil law) and normative (human rights) regimes at work in the global economy as well as sensitize them to the role of local cultural traditions in global business activity. Topics may also include such issues as comparative forms of corporate governance, bribery and corruption in global markets, human rights issues, diverse legal compliance systems, corporate responses to global poverty, global environmental responsibilities, and challenges arising when companies face conflicting ethical demands between home and local, host country mores. The pedagogy emphasizes globalized cases, exercises, and theoretical materials from the fields of legal studies, business ethics and social responsibility.
This course introduces students to important ethical and legal challenges they will face as leaders in business. The course materials will be useful to students preparing for managerial positions that are likely to place them in advisory and/or agency roles owing duties to employers, clients, suppliers, and customers. Although coverage will vary depending on instructor, the focus of the course will be on developing skills in ethical and legal analyses that can assist managers as they make both individual-level and firm-level decisions about the responsible courses of action when duties, loyalties, rules, norms, and interests are in conflict. For example, the rules of insider trading may form the basis for lessons in some sections. Group assignments, role-plays, and case studies may, at the instructor's discretion, be used to help illustrate the basic theoretical frameworks. Course materials will highlight industry codes and professional norms, as well as the importance of personal and/or religious values.
Significant technologies always have unintended consequences, and their effects are never neutral. A world of ubiquitous data, subject to ever more sophisticated collection, aggregation, and analysis, creates massive opportunities for both financial gain and social good. It also creates dangers in areas such as privacy, security, discrimination, exploitation, and inequality, as well as simple hubris about the effectiveness of management by algorithm. Firms that anticipate the risks of these new practices will be best positioned to avoid missteps. This course introduces students to the legal, policy, and ethical dimensions of big data, predictive analytics, and related techniques. It then examines responses-both private and governmental-that may be employed to address these concerns.
Blockchain technology is a form of decentralized database that allows for the secure exchange of value without reliance on trusted intermediaries. Blockchain is the foundation for cryptocurrencies such as Bitcoin, as well as for distributed ledger platforms used by enterprise consortia in various industries. Many believe that blockchain solutions have revolutionary potential. They promise to replace legal enforcement with technical mechanisms of cryptographic consensus as the means of generating trust. The technology has generated significant excitement, investment, and entrepreneurial activity in recent years. However, the business value of blockchain-based solutions is uncertain, cryptocurrency valuations are speculative, and there are serious legal, regulatory, and governance challenges to be addressed. This course is designed to give students the tools for critical assessment of ongoing developments in this evolving area.
A study of the nature, functions, and limits of law as an agency of societal policy. Each semester an area of substantive law is studied for the purpose of examining the relationship between legal norms developed and developing in the area and societal problems and needs.
This course examines the complex and often novel legal issues surrounding the development and current state of the Internet, information privacy, and cybersecurity. Topics include federal- and state-level regulation and enforcement of Internet and privacy legal concepts, data breaches, online privacy protections, how to legally manage a borderless Internet, and the liability of intermediaries such as network operators, social media services, and search engines.
Student arranges with a Penn faculty member to do research and write a thesis on a suitable topic. For more information on honors visit: https://ppe.sas.upenn.edu/study/curriculum/honors-theses
Aspen Institute Ideas Worth Teaching Award (2021)
NESTA Decentralised Future Prize, First Place (2020)
UBRI Educator Award for Outstanding Blockchain Teacher (2020)
Academy of Legal Studies in Business, Ralph Bunche Award, Finalist (2020)
Gamification Summit, Special Achievement Award for Greatest Contributions to the Field of Gamification (2013)
American Academy in Berlin, Berlin Prize in Law (2011) (declined)
In the wake of China’s ban on the use of cryptocurrencies, Wharton’s Kevin Werbach shares insights on the regulatory and other forces that will shape their future.…Read More
Knowledge at Wharton - 10/5/2021On June 22, Penn Wharton Budget Model (PWBM) hosted its first-ever Spring Policy Forum in the heart of U.S. policy reform. There, on Capitol Hill in Washington, D.C., over 300 congressional staffers, Wharton alumni, business leaders, academics and media professionals gathered to engage with Wharton professors and other industry and…
Wharton Stories - 07/09/2018