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Blockchain and the Law: The Rule of Code


ISBN13: 9780674241596
Published: September 2019
Publisher: Harvard University Press
Country of Publication: USA
Format: Paperback
Price: £18.95
Hardback edition , ISBN13 9780674976429



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Bitcoin has been hailed as an Internet marvel and decried as the preferred transaction vehicle for criminals. It has left nearly everyone without a computer science degree confused: how do you "mine" money from ones and zeros?

The answer lies in a technology called blockchain. A general-purpose tool for creating secure, decentralized, peer-to-peer applications, blockchain technology has been compared to the Internet in both form and impact. Blockchains are being used to create "smart contracts," to expedite payments, to make financial instruments, to organize the exchange of data and information, and to facilitate interactions between humans and machines.

But by cutting out the middlemen, they run the risk of undermining governmental authorities' ability to supervise activities in banking, commerce, and the law. As this essential book makes clear, the technology cannot be harnessed productively without new rules and new approaches to legal thinking.

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.

Subjects:
Banking and Finance, Blockchain and Cryptocurrency, IT, Internet and Artificial Intelligence Law
Contents:
Introduction
I. The Technology
1. Blockchains, Bitcoin, and Decentralized Computing Platforms
2. Characteristics of Blockchains
II. Blockchains, Finance, and Contracts
3. Digital Currencies and Decentralized Payment Systems
4. Smart Contracts as Legal Contracts
5. Smart Securities and Derivatives
III. Blockchains and Information Systems
6. Tamper-Resistant, Certified, and Authenticated Data
7. Resilient and Tamper-Resistant Information Systems
IV. Organizations and Automation
8. The Future of Organizations
9. Decentralized Autonomous Organizations
10. Blockchain of Things
V. Regulating Decentralized, Blockchain-Based Systems
11. Modes of Regulation
12. Code as Law
Conclusion
Notes
Acknowledgments
Index;