Blockchain and the Law

Blockchain and the Law

De Filippi and Wright welcome the new possibilities inherent in blockchains. But as Blockchain and the Law makes clear, the technology cannot be harnessed productively without new rules and new approaches to legal thinking.

Author: Primavera De Filippi De Filippi

Publisher: Harvard University Press

ISBN: 9780674985919

Category: Law

Page: 250

View: 625

Since Bitcoin appeared in 2009, the digital currency has been hailed as an Internet marvel and decried as the preferred transaction vehicle for all manner of criminals. It has left nearly everyone without a computer science degree confused: Just how do you “mine” money from ones and zeros? The answer lies in a technology called blockchain, which can be used for much more than Bitcoin. A general-purpose tool for creating secure, decentralized, peer-to-peer applications, blockchain technology has been compared to the Internet itself in both form and impact. Some have said this tool may change society as we know it. Blockchains are being used to create autonomous computer programs known as “smart contracts,” to expedite payments, to create financial instruments, to organize the exchange of data and information, and to facilitate interactions between humans and machines. The technology could affect governance itself, by supporting new organizational structures that promote more democratic and participatory decision making. Primavera De Filippi and Aaron Wright acknowledge this potential and urge the law to catch up. That is because disintermediation—a blockchain’s greatest asset—subverts critical regulation. By cutting out middlemen, such as large online operators and multinational corporations, blockchains run the risk of undermining the capacity of governmental authorities to supervise activities in banking, commerce, law, and other vital areas. De Filippi and Wright welcome the new possibilities inherent in blockchains. But as Blockchain and the Law makes clear, the technology cannot be harnessed productively without new rules and new approaches to legal thinking.
Categories: Law

Cryptodemocracy

Cryptodemocracy

Wright and De Filippi, Blockchain and the Law: The Rule of Code, Kindle Locations 2625–28. 62. Kahan and Rock, “The Hanging Chads of Corporate Voting,” 1253. 63. Ibid. 64. Hu and Black, “The New Vote Buying: Empty Voting and Hidden ...

Author: Darcy W.E. Allen

Publisher: Rowman & Littlefield

ISBN: 9781498579643

Category: Political Science

Page: 174

View: 591

This book investigates the theoretical and practical implications of blockchain and other distributed ledger technologies for democratic decision making. The authors examine theoretical characteristics before exploring specific applications of cryptodemocracy in labor bargaining and corporate governance.
Categories: Political Science

New Directions in European Private Law

New Directions in European Private Law

See generally P De Filippi and A Wright , Blockchain and the Law : The Rule of Code ( Cambridge , MA , Harvard University Press , 2018 ) ; K Yeung , ' Regulation by Blockchain : The Emerging Battle for Supremacy between the Code of Law ...

Author: Takis Tridimas

Publisher: Bloomsbury Publishing

ISBN: 9781509935628

Category: Law

Page: 264

View: 504

This book brings together leading scholars and practitioners, to explore contemporary challenges in the field of European private law, identify problems, and propose solutions. The first section reassesses the existing theoretical framework and traditional legal scholarship on which European private law has developed. The book then goes on to examine important and practical topics of geo-blocking and standardisation in the context of recent legislative developments and the CJEU case law. The third section assesses the challenging subject of adequate regulation of online platforms and sharing economy that has been continuously addressed in the recent years by European private law. A fourth section deals with the regulatory challenges brought by an increasing development of artificial intelligence and blockchain technology and the question of liability. The final section examines recent European legislative developments in the area of digital goods and digital content and identifies potential future policy directions in which the European private law may develop in the future.
Categories: Law

Handbook of Blockchain Law

Handbook of Blockchain Law

A Guide to Understanding and Resolving the Legal Challenges of Blockchain Technology Matthias Artzt, Thomas Richter ... Primavera and Wright, Aaron, Blockchain and the Law – The Rule of Code (2018) ...

Author: Matthias Artzt

Publisher: Kluwer Law International B.V.

ISBN: 9789403518152

Category: Law

Page: 528

View: 206

Blockchain has become attractive to companies and governments because it promises to solve the age-old problem of mutability in transactions - that is, it makes falsification and recalculation impossible once a transaction has been committed to the technology. However, the perceived complexity of implementing Blockchain calls for an in-depth overview of its key features and functionalities, specifically in a legal context. The systematic and comprehensive approach set forth in this indispensable book, including coverage of existing relevant law in various jurisdictions and practical guidance on how to tackle legal issues raised by the use of Blockchain, ensures a one-stop-shop reference book for anyone considering Blockchain-based solutions or rendering advice with respect to them. Within a clear structure by fields of law allowing for a systematic approach, each contributor - all of them are practitioners experienced with Blockchain projects within their respective areas of expertise - elucidates the implications of Blockchain technology and related legal issues under such headings as the following: technical explanation of Blockchain technology; contract law; regulatory issues and existing regulation in a variety of jurisdictions; data protection and privacy; capital markets; information security; patents and other intellectual property considerations; and antitrust law. Keeping the legal questions and concepts sufficiently generic so that lawyers can benefit from the handbook irrespective of their jurisdiction and legal background, the authors cover such specific characteristics of Blockchain implementation as so-called smart contracts, tokenization, distributed ledger technology, digital securities, recognition of code as law, data privacy challenges and Blockchain joint ventures. Because Blockchain is a relatively new technology still in process and raises a multitude of legal questions, this well-balanced introduction - at a depth that allows non-IT experts to understand the groundwork for legal assessments - provides a solid basis for organizations and their legal advisors in identifying and resolving Blockchain-related issues. Legal practitioners, in-house lawyers, IT professionals and advisors, consultancy firms, Blockchain associations and legal scholars will welcome this highly informative and practical book.
Categories: Law

Constitutional Challenges in the Algorithmic Society

Constitutional Challenges in the Algorithmic Society

ESMA's advice to the European Commission on ICOs and cryptocurrencies points out this competition between two financial blocs – the European Union and the United ... De Filippi, P., Wright, A. Blockchain and the law: the rule of code.

Author: Hans-W. Micklitz

Publisher: Cambridge University Press

ISBN: 9781108843126

Category: Law

Page: 300

View: 106

How can the law address the constitutional challenges of the algorithmic society? This volume provides possible solutions.
Categories: Law

Blockchain Revolution

Blockchain Revolution

Primavera De Filippi and Aaron Wright, Blockchain and the Law: The Rule of Code (Boston: Harvard University Press, 2018): 79. 75. For a good overview of jurisdictions, see “Can smart contracts be legally binding contracts?

Author: Don Tapscott

Publisher: Penguin UK

ISBN: 9780241237878

Category: Business & Economics

Page: 432

View: 282

'This book has had an enormous impact' Satya Nadella, CEO, Microsoft 'Spectacular. Mind-blowing in its expansiveness and profundity' Steve Wozniak, co-founder of Apple 'Iconic' Clay Christensen, author of The Innovator's Dilemma Cryptocurrencies are changing the world. They grant everyday people the power to invest, disrupt the world order and contribute towards a better future. Blockchain is the ingeniously simple technology that powers cryptos. It is a public ledger to which everyone has access, but which no single person or institution controls. It allows for companies and individuals to collaborate with an unprecedented degree of trust and transparency. It is cryptographically secure, but fundamentally open. And it is everywhere. In Blockchain Revolution, Don and Alex Tapscott reveal: · how this game-changing technology is re-shaping the global economy · how it is improving everything from healthcare records to online voting · how people everywhere are using it to side-step institutional barriers and take control of their future Brilliantly researched and highly accessible, this is the essential text on this major paradigm shift. Read it, or be left behind.
Categories: Business & Economics

Digital Technologies and the Law of Obligations

Digital Technologies and the Law of Obligations

While the collaborative economy model is in most cases dependent on online platforms to act as intermediaries and ... Primavera De Filippi and Aaron Wright, Blockchain and the Law: The Rule of Code (HUP 2018) 11–58; Michèle Finck, ...

Author: Zvonimir Slakoper

Publisher: Routledge

ISBN: 9781000432589

Category: Law

Page: 254

View: 626

Digital Technologies and the Law of Obligations critically examines the emergence of new digital technologies and the challenges they pose to the traditional law of obligations, and discusses the extent to which existing contract and tort law rules and doctrines are equipped to meet these new challenges. This book covers various contract and tort law issues raised by emerging technologies – including distributed ledger technology, blockchain-based smart contracts, and artificial intelligence – as well as by the evolution of the internet into a participative web fuelled by user-generated content, and by the rise of the modern-day collaborative economy facilitated by digital technologies. Chapters address these topics from the perspective of both the common law and the civil law tradition. While mostly focused on the current state of affairs and recent debates and initiatives within the European Union regulatory framework, contributors also discuss the central themes from the perspective of the national law of obligations, examining the adaptability of existing legal doctrines to contemporary challenges, addressing the occasional legislative attempts to deal with the private law aspects of these challenges, and pointing to issues where legislative interventions would be most welcomed. Case studies are drawn from the United States, Singapore, and other parts of the common law world. Digital Technologies and the Law of Obligations will be of interest to legal scholars and researchers in the fields of contract law, tort law, and digital law, as well as to legal practitioners and members of law reform bodies.
Categories: Law

Theories of Choice

Theories of Choice

The key drawback of standards vis- à- vis clear- cut rules, as is well- known, is ex ante legal uncertainty: it is ... of Pennsylvania Law Review 263; Primavera De Filippi and Aaron Wright, Blockchain and the Law: The Rule of Code ...

Author: Chair for Civil Law German European and International Private Law Stefan Grundmann

Publisher: Oxford University Press, USA

ISBN: 9780198863175

Category: Law

Page: 352

View: 763

This book provides an in-depth discussion of the promises and perils of specific types of theories of choice. It shows how the selection of a specific theory of choice can make a difference for concrete legal questions, in particular in the regulation of the digital economy or in choosing between market, firm, or network.
Categories: Law

Regulating Industrial Internet Through IPR Data Protection and Competition Law

Regulating Industrial Internet Through IPR  Data Protection and Competition Law

For example, Primavera De Filippi & Aaron Wright, Blockchain and the Law: The Rule of Code, 156 (2018); for possible application scenarios see Steve Huckle,Rituparna Bhattacharya, Martin White & Natalia Beloff, Internet of Things, ...

Author: Rosa Maria Ballardini

Publisher: Kluwer Law International B.V.

ISBN: 9789403503417

Category: Law

Page: 512

View: 107

The digitization of industrial processes has suddenly taken a great leap forward, with burgeoning applications in manufacturing, transportation and numerous other areas. Many stakeholders, however, are uncertain about the opportunities and risks associated with it and what it really means for businesses and national economies. Clarity of legal rules is now a pressing necessity. This book, the first to deal with legal questions related to Industrial Internet, follows a multidisciplinary approach that is instructed by law concerning intellectual property, data protection, competition, contracts and licensing, focusing on business, technology and policy-driven issues. Experts in various relevant fields of science and industry measure the legal tensions created by Industrial Internet in our global economy and propose solutions that are both theoretically valuable and concretely practical, identifying workable business models and practices based on both technical and legal knowledge. Perspectives include the following: regulating Industrial Internet via intellectual property rights (IPR); data ownership versus control over data; artificial intelligence and IPR infringement; patent owning in Industrial Internet; abuse of dominance in Industrial Internet platforms; data collaboration, pooling and hoarding; legal implications of granular versioning technologies; and misuse of information for anticompetitive purposes. The book represents a record of a major collaborative project, held between 2016 and 2019 in Finland, involving a number of universities, technology firms and law firms. As Industrial Internet technologies are already being used in several businesses, it is of paramount importance for the global economy that legal, business and policy-related challenges are promptly analyzed and discussed. This crucially important book not only reveals the legal and policy-related issues that we soon will have to deal with but also facilitates the creation of legislation and policies that promote Industrial-Internet-related technologies and new business opportunities. It will be warmly welcomed by practitioners, patent and other IPR attorneys, innovation economists and companies operating in the Industrial Internet ecosystem, as well as by competition authorities and other policymakers.
Categories: Law