Blockchain Law And Governance

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Blockchain, Law and Governance

Author : Benedetta Cappiello,Gherardo Carullo
Publisher : Springer Nature
Page : 303 pages
File Size : 41,9 Mb
Release : 2020-10-21
Category : Law
ISBN : 9783030527228

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Blockchain, Law and Governance by Benedetta Cappiello,Gherardo Carullo Pdf

This volume explores from a legal perspective, how blockchain works. Perhaps more than ever before, this new technology requires us to take a multidisciplinary approach. The contributing authors, which include distinguished academics, public officials from important national authorities, and market operators, discuss and demonstrate how this technology can be a driver of innovation and yield positive effects in our societies, legal systems and economic/financial system. In particular, they present critical analyses of the potential benefits and legal risks of distributed ledger technology, while also assessing the opportunities offered by blockchain, and possible modes of regulating it. Accordingly, the discussions chiefly focus on the law and governance of blockchain, and thus on the paradigm shift that this technology can bring about.

The Law and Governance of Decentralised Business Models

Author : Roger M Barker,Iris H-Y Chiu
Publisher : Routledge
Page : 234 pages
File Size : 49,9 Mb
Release : 2020-12-30
Category : Law
ISBN : 9781000329643

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The Law and Governance of Decentralised Business Models by Roger M Barker,Iris H-Y Chiu Pdf

This book draws together themes in business model developments in relation to decentralised business models (DBMs), sometimes referred to as the ‘sharing’ economy, to systematically analyse the challenges to corporate and organisational law and governance. DBMs include business networks, the global supply chain, public–private partnerships, the platform economy and blockchain-based enterprises. The law of organisational forms and governance has been slow in responding to changes, and reliance has been placed on innovations in contract law to support the business model developments. The authors argue that the law of organisations and governance can respond to changes in the phenomenon of decentralised business models driven by transformative technology and new socio-economic dynamics. They argue that principles underlying the law of organisations and governance, such as corporate governance, are crucial to constituting, facilitating and enabling reciprocality, mutuality, governance and redress in relation to these business models, the wealth-creation of which subscribes to neither a firm nor market system, is neither hierarchical nor totally decentralised, and incorporates socio-economic elements that are often enmeshed with incentives and relations. Of interest to academics, policymakers and legal practitioners, this book offers proposals for new thinking in the law of organisation and governance to advance the possibilities of a new socio-economic future.

Blockchain Regulation and Governance in Europe

Author : Michèle Finck
Publisher : Cambridge University Press
Page : 225 pages
File Size : 55,9 Mb
Release : 2018-12-20
Category : Business & Economics
ISBN : 9781108474757

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Blockchain Regulation and Governance in Europe by Michèle Finck Pdf

Finck examines the emergence of blockchains (and other forms of distributed ledger technologies) and the implications for regulation and governance.

Blockchain and Public Law

Author : Pollicino, Oreste,De Gregorio, Giovanni
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 50,9 Mb
Release : 2021-07-31
Category : Law
ISBN : 9781839100796

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Blockchain and Public Law by Pollicino, Oreste,De Gregorio, Giovanni Pdf

This important and topical book provides a comprehensive overview of the challenges raised by blockchain from the perspective of public law. It considers the ways in which traditional categories of public law such as sovereignty, citizenship and territory are shaped, as well as the impact of blockchain technology on fundamental rights and democratic values.

Blockchain Technologies and Applications for Digital Governance

Author : Nijalingappa, Pradeep,Ghonge, Mangesh Manikrao
Publisher : IGI Global
Page : 266 pages
File Size : 40,9 Mb
Release : 2021-11-05
Category : Law
ISBN : 9781799884958

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Blockchain Technologies and Applications for Digital Governance by Nijalingappa, Pradeep,Ghonge, Mangesh Manikrao Pdf

Since its inception, blockchain has evolved to become a crucial trending technology that massively impacts the fast-paced digital world. It has been a game-changing technology that is underpinned with cryptocurrencies like Ethereum and Bitcoin that eventually closed the doors for hacking activities. As blockchain is utilized across areas such as banking, voting, finance, healthcare, and manufacturing, it is important to examine the current trends, difficulties, opportunities, and future directions in order to utilize its full potential. Blockchain Technologies and Applications for Digital Governance addresses the impacts and future trends of blockchain, particularly for digital governance, and demonstrates the applications of blockchain in digital governance using case studies. Covering a range of topics from cybersecurity to real estate tokenization, it is ideal for industry professionals, researchers, academicians, instructors, practitioners, and students.

Blockchain Governance

Author : Primavera De Filippi,Wessel Reijers,Morshed Mannan
Publisher : MIT Press
Page : 0 pages
File Size : 50,6 Mb
Release : 2024-08-20
Category : Political Science
ISBN : 9780262379861

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Blockchain Governance by Primavera De Filippi,Wessel Reijers,Morshed Mannan Pdf

An engaging and comprehensive exploration of how fundamental ideas in political and legal thought shape the governance of blockchain communities, and are, in turn, shaped by blockchain technology. How can digital cash truly be “trustless”? What does it mean that blockchain offers a new paradigm of the “rule of code”? How are decisions made when a blockchain system faces an emergency, and who gets to make those decisions? In Blockchain Governance, Primavera De Filippi, Wessel Reijers, and Morshed Mannan offer answers to these questions and more, in an accessible, critical overview of legal and political issues related to blockchain technology, now the foundation of a multi-billion-dollar industry. Moving beyond the hype, they show how blockchain offers fertile ground for experimentation with radically new ways to govern people and institutions. Blockchain-based systems, like Bitcoin, Ethereum, Tezos, and countless others, offer new ways of organizing digital cash, “smart” contracts to execute transactions, non-fungible tokens (NFTs) to collect art, and decentralized autonomous organizations (DAOs) to coordinate humans and machines. What these applications have in common is that they govern the behavior of people and artificial agents through distributed systems. Drawing from their extensive experience in researching blockchain technologies and communities, the authors discuss the origins of Bitcoin in cypher-anarchism and extropianism, spectacular events like the million-dollar theft of the DAO Attack, and the hostile takeover of the Steem platform. While engaging with political and legal thinkers such as Hobbes, Kelsen, and the Ostroms, these narratives explore how blockchain governance problematizes fundamental concepts such as rule of law, sovereignty, legality, legitimacy, and polycentric governance.

Regulating Blockchain

Author : Philipp Hacker,Ioannis Lianos,Georgios Dimitropoulos,Stefan Eich
Publisher : Oxford University Press
Page : 464 pages
File Size : 55,5 Mb
Release : 2019-08-01
Category : Law
ISBN : 9780192579508

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Regulating Blockchain by Philipp Hacker,Ioannis Lianos,Georgios Dimitropoulos,Stefan Eich Pdf

Less than a decade after the Financial Crisis, we are witnessing the fast emergence of a new financial order driven by three different, yet interconnected, dynamics: first, the rapid application of technology - such as big data, machine learning, and distributed computing - to banking, lending, and investing, in particular with the emergence of virtual currencies and digital finance; second, a disintermediation fuelled by the rise of peer-to-peer lending platforms and crowd investment which challenge the traditional banking model and may, over time, lead to a transformation of the way both retail and corporate customers bank; and, third, a tendency of de-bureaucratisation under which new platforms and technologies challenge established organisational patterns that regulate finance and manage the money supply. These changes are to a significant degree driven by the development of blockchain technology. The aim of this book is to understand the technological and business potential of the blockchain technology and to reflect on its legal challenges. The book mainly focuses on the challenges blockchain technology has so far faced in its first application in the areas of virtual money and finance, as well as those that it will inevitably face (and is partially already facing, as the SEC Investigative Report of June 2017 and an ongoing SEC securities fraud investigation show) as its domain of application expands in other fields of economic activity such as smart contracts and initial coin offerings. The book provides an unparalleled critical analysis of the disruptive potential of this technology for the economy and the legal system and contributes to current thinking on the role of law in harvesting and shaping innovation.

Digital Assets and Blockchain Technology

Author : Daniel T. Stabile,Kimberly A. Prior,Andrew M. Hinkes
Publisher : Edward Elgar Publishing
Page : 392 pages
File Size : 46,5 Mb
Release : 2020-07-31
Category : Law
ISBN : 9781789907445

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Digital Assets and Blockchain Technology by Daniel T. Stabile,Kimberly A. Prior,Andrew M. Hinkes Pdf

This key textbook examines the financial growth and success of digital assets in the contemporary economy. As digital assets and other blockchain applications mature, and regulatory authorities work hard to keep pace, three leading attorneys in the field invite students to consider the legal frameworks pertinent to regulating this new method of exchange. In this, the first textbook of its kind, the authors explore the growth of smart contracts, the application of securities laws to token sales, the regulation of virtual currency businesses, the taxation of digital assets and the intersection of digital assets and criminal law.

Blockchain Technology and the Law

Author : Muharem Kianieff
Publisher : Taylor & Francis
Page : 216 pages
File Size : 46,7 Mb
Release : 2019-03-27
Category : Law
ISBN : 9781351039208

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Blockchain Technology and the Law by Muharem Kianieff Pdf

Blockchain Technology and the Law: Opportunities and Risks is one of the first texts to offer a critical analysis of Blockchain and the legal and economic challenges faced by this new technology. This book will offer those who are unfamiliar with Blockchain an introduction as to how the technology works and will demonstrate how a legal framework that governs it can be used to ensure that it can be successfully deployed. Discussions included in this book: - an introduction to smart contracts, and their potential, from a commercial and consumer law perspective, to change the nature of transactions between parties; - the impact that Blockchain has already had on financial services, and the possible consumer risks and macro-economic issues that may arise in the future; - the challenges that are facing global securities regulators with the development of Initial Coin Offerings and the ongoing risks that they pose to the investing public; - the risk of significant privacy breaches due to the online public nature of Blockchain; and - the future of Blockchain technology. Of interest to academics, policy-makers, technology developers and legal practitioners, this book will provide a thorough examination of Blockchain technology in relation to the law from a comparative perspective with a focus on the United Kingdom, Canada and the United States.

Blockchain and the Law

Author : Primavera De Filippi De Filippi
Publisher : Harvard University Press
Page : 250 pages
File Size : 47,6 Mb
Release : 2018-04-09
Category : Law
ISBN : 9780674985919

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Blockchain and the Law by Primavera De Filippi De Filippi Pdf

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.

Code

Author : Lawrence Lessig
Publisher : Createspace Independent Publishing Platform
Page : 292 pages
File Size : 52,9 Mb
Release : 2016-09-19
Category : Electronic
ISBN : 1537759442

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Code by Lawrence Lessig Pdf

There's a common belief that cyberspace cannot be regulated-that it is, in its very essence, immune from the government's (or anyone else's) control. Code, first published in 2000, argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no "nature." It only has code-the software and hardware that make cyberspace what it is. That code can create a place of freedom-as the original architecture of the Net did-or a place of oppressive control. Under the influence of commerce, cyberspace is becoming a highly regulable space, where behavior is much more tightly controlled than in real space. But that's not inevitable either. We can-we must-choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies. Since its original publication, this seminal book has earned the status of a minor classic. This second edition, or Version 2.0, has been prepared through the author's wiki, a web site that allows readers to edit the text, making this the first reader-edited revision of a popular book.

Regulating Blockchain

Author : Robert Herian
Publisher : Routledge
Page : 178 pages
File Size : 44,6 Mb
Release : 2018-09-21
Category : Computers
ISBN : 9780429953026

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Regulating Blockchain by Robert Herian Pdf

As the distributed architecture underpinning the initial Bitcoin anarcho-capitalist, libertarian project, 'blockchain' entered wider public imagination and vocabulary only very recently. Yet in a short space of time it has become more mainstream and synonymous with a spectacular variety of commercial and civic 'problem'/'solution' concepts and ideals. From commodity provenance, to electoral fraud prevention, to a wholesale decentralisation of power and the banishing of the exploitative practices of 'middlemen', blockchain stakeholders are nothing short of evangelical in their belief that it is a force for good. For these reasons and more the technology has captured the attention of entrepreneurs, venture capitalists, global corporations and governments the world over. Blockchain may indeed offer a unique technical opportunity to change cultures of transparency and trust within cyberspace, and as ‘revolutionary’ and ‘disruptive’ has the potential to shift global socioeconomic and political conventions. But as a yet largely unregulated, solutionist-driven phenomenon, blockchain exists squarely within the boundaries of capitalist logic and reason, fast becoming central to the business models of many sources of financial and political power the technology was specifically designed to undo, and increasingly allied to neoliberal strategies with scant regard for collective, political or democratic accountability in the public interest. Regulating Blockchain casts a critical eye over the technology, its ‘ecosystem’ of stakeholders, and offers a challenge to the prevailing discourse proclaiming it to be the great techno-social enabler of our times.

The Blockchain and the New Architecture of Trust

Author : Kevin Werbach
Publisher : MIT Press
Page : 339 pages
File Size : 50,5 Mb
Release : 2023-08-15
Category : Computers
ISBN : 9780262547161

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The Blockchain and the New Architecture of Trust by Kevin Werbach Pdf

How the blockchain—a system built on foundations of mutual mistrust—can become trustworthy. The blockchain entered the world on January 3, 2009, introducing an innovative new trust architecture: an environment in which users trust a system—for example, a shared ledger of information—without necessarily trusting any of its components. The cryptocurrency Bitcoin is the most famous implementation of the blockchain, but hundreds of other companies have been founded and billions of dollars invested in similar applications since Bitcoin's launch. Some see the blockchain as offering more opportunities for criminal behavior than benefits to society. In this book, Kevin Werbach shows how a technology resting on foundations of mutual mistrust can become trustworthy. The blockchain, built on open software and decentralized foundations that allow anyone to participate, seems like a threat to any form of regulation. In fact, Werbach argues, law and the blockchain need each other. Blockchain systems that ignore law and governance are likely to fail, or to become outlaw technologies irrelevant to the mainstream economy. That, Werbach cautions, would be a tragic waste of potential. If, however, we recognize the blockchain as a kind of legal technology that shapes behavior in new ways, it can be harnessed to create tremendous business and social value.

Digital Finance in Europe: Law, Regulation, and Governance

Author : Emilios Avgouleas,Heikki Marjosola
Publisher : Walter de Gruyter GmbH & Co KG
Page : 291 pages
File Size : 46,7 Mb
Release : 2021-12-20
Category : Law
ISBN : 9783110749472

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Digital Finance in Europe: Law, Regulation, and Governance by Emilios Avgouleas,Heikki Marjosola Pdf

Global finance is in the middle of a radical transformation fueled by innovative financial technologies. The coronavirus pandemic has accelerated the digitization of retail financial services in Europe. Institutional interest and digital asset markets are also growing blurring the boundaries between the token economy and traditional finance. Blockchain, AI, quantum computing and decentralised finance (DeFI) are setting the stage for a global battle of business models and philosophies. The post-Brexit EU cannot afford to ignore the promise of digital finance. But the Union is struggling to keep pace with global innovation hubs, particularly when it comes to experimenting with new digital forms of capital raising. Calibrating the EU digital finance strategy is a balancing act that requires a deep understanding of the factors driving the transformation, be they legal, cultural, political or economic, as well as their many implications. The same FinTech inventions that use AI, machine learning and big data to facilitate access to credit may also establish invisible barriers that further social, racial and religious exclusion. The way digital finance actors source, use, and record information presents countless consumer protection concerns. The EU’s strategic response has been years in the making and, finally, in September 2020 the Commission released a Digital Finance Package. This special issue collects contributions from leading scholars who scrutinize the challenges digital finance presents for the EU internal market and financial market regulation from multiple public policy perspectives. Author contributions adopt a critical yet constructive and solutions-oriented approach. They aim to provide policy-relevant research and ideas shedding light on the complexities of the digital finance promise. They also offer solid proposals for reform of EU financial services law.

Crypto-Finance, Law and Regulation

Author : Joseph Lee
Publisher : Routledge
Page : 215 pages
File Size : 45,9 Mb
Release : 2022-02-17
Category : Law
ISBN : 9780429657313

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Crypto-Finance, Law and Regulation by Joseph Lee Pdf

Crypto-Finance, Law and Regulation investigates whether crypto-finance will cause a paradigm shift in regulation from a centralised model to a model based on distributed consensus. This book explores the emergence of a decentralised and disintermediated crypto-market and investigates the way in which it can transform the financial markets. It examines three components of the financial market – technology, finance, and the law – and shows how their interrelationship dictates the structure of a crypto-market. It focuses on regulators’ enforcement policies and their jurisdiction over crypto-finance operators and participants. The book also discusses the latest developments in crypto-finance, and the advantages and disadvantages of crypto-currency as an alternative payment product. It also investigates how such a decentralised crypto-finance system can provide access to finance, promote a shared economy, and allow access to justice. By exploring the law, regulation and governance of crypto-finance from a national, regional and global viewpoint, the book provides a fascinating and comprehensive overview of this important topic and will appeal to students, scholars and practitioners interested in regulation, finance and the law.