More Legal Aspects of Smart Contract Applications
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Curious About Cryptocurrencies? Investors Need to Make Sure They Separate “Investing” from “Speculation” by Don Mcarthur, CFA®
Curious About Cryptocurrencies? Investors Need to Make Sure They Separate “Investing” from “Speculation” By Don McArthur, CFA® Bitcoin and other cryptocurrencies have received plenty of media coverage lately, and it is natural for investors to wonder about them. Even celebrities have become associated with Bitcoin publicity through social media. Interest has piqued to a point where there are even Exchange Traded Funds (ETFs) that invest in Bitcoin, giving investors the means to invest in the Futures market. After having performed in-depth research on Bitcoin and other cryptocurrencies, our position at Commerce Trust Company is that they should not currently play a role in client portfolios. As part of that research, Commerce Senior Vice President and Investment Analyst Don McArthur, CFA, put together a primer on the topic of cryptocurrencies in general. In the following commentary, he explains why Bitcoin at this stage is more about speculating than investing in something with intrinsic value. He also touches on how Blockchain networking technology not only supports cryptocurrencies, but many other industrial applications as well. We thought you would enjoy this commentary as McArthur shares his thoughts in a mind-opening Q&A. Q . What is Bitcoin and how did it start? A. Bitcoin is one of hundreds of digital currencies, or cryptocurrency, based on Blockchain technology. As an early mover, Bitcoin is by far the largest digital currency. Bitcoin was launched in 2009 by a mysterious person (or persons) known only by the pseudonym Satoshi Nakamoto. Unlike traditional currencies, which are issued by central banks, Bitcoin has no central monetary authority. -
Evmpatch: Timely and Automated Patching of Ethereum Smart Contracts
EVMPatch: Timely and Automated Patching of Ethereum Smart Contracts Michael Rodler Wenting Li Ghassan O. Karame University of Duisburg-Essen NEC Laboratories Europe NEC Laboratories Europe Lucas Davi University of Duisburg-Essen Abstract some of these contracts hold, smart contracts have become an appealing target for attacks. Programming errors in smart Recent attacks exploiting errors in smart contract code had contract code can have devastating consequences as an attacker devastating consequences thereby questioning the benefits of can exploit these bugs to steal cryptocurrency or tokens. this technology. It is currently highly challenging to fix er- rors and deploy a patched contract in time. Instant patching is Recently, the blockchain community has witnessed several especially important since smart contracts are always online incidents due smart contract errors [7, 39]. One especially due to the distributed nature of blockchain systems. They also infamous incident is the “TheDAO” reentrancy attack, which manage considerable amounts of assets, which are at risk and resulted in a loss of over 50 million US Dollars worth of often beyond recovery after an attack. Existing solutions to Ether [31]. This led to a highly debated hard-fork of the upgrade smart contracts depend on manual and error-prone pro- Ethereum blockchain. Several proposals demonstrated how to defend against reentrancy vulnerabilities either by means of cesses. This paper presents a framework, called EVMPATCH, to instantly and automatically patch faulty smart contracts. offline analysis at development time or by performing run-time validation [16, 23, 32, 42]. Another infamous incident is the EVMPATCH features a bytecode rewriting engine for the pop- ular Ethereum blockchain, and transparently/automatically parity wallet attack [39]. -
Decentralized Autonomous Organization Supplement."
ARTICLE 1 - PROVISIONS 17-31-101. Short title. This chapter shall be known and may be cited as the "Wyoming Decentralized Autonomous Organization Supplement." 17-31-102. Definitions. (a) As used in this chapter: (i) "Blockchain" means as defined in W.S. 34-29- 106(g)(i); (ii) "Decentralized autonomous organization" means a limited liability company organized under this chapter; (iii) "Digital asset" means as defined in W.S. 34-29- 101(a)(i); (iv) "Limited liability autonomous organization" or "LAO" means a decentralized autonomous organization; (v) "Majority of the members," means the approval of more than fifty percent (50%) of participating membership interests in a vote for which a quorum of members is participating. A person dissociated as a member as set forth in W.S. 17-29-602 shall not be included for the purposes of calculating the majority of the members; (vi) "Membership interest" means a member's ownership share in a member managed decentralized autonomous organization, which may be defined in the entity's articles of organization, smart contract or operating agreement. A membership interest may also be characterized as either a digital security or a digital consumer asset as defined in W.S. 34-29-101, if designated as such in the organization's articles of organization or operating agreement; (vii) "Open blockchain" means a blockchain as defined in W.S. 34-29-106(g)(i) that is publicly accessible and its ledger of transactions is transparent; (viii) "Quorum" means a minimum requirement on the sum of membership interests participating in a vote for that vote to be valid; 1 (ix) "Smart contract" means an automated transaction, as defined in W.S. -
Cryptocurrency: the Economics of Money and Selected Policy Issues
Cryptocurrency: The Economics of Money and Selected Policy Issues Updated April 9, 2020 Congressional Research Service https://crsreports.congress.gov R45427 SUMMARY R45427 Cryptocurrency: The Economics of Money and April 9, 2020 Selected Policy Issues David W. Perkins Cryptocurrencies are digital money in electronic payment systems that generally do not require Specialist in government backing or the involvement of an intermediary, such as a bank. Instead, users of the Macroeconomic Policy system validate payments using certain protocols. Since the 2008 invention of the first cryptocurrency, Bitcoin, cryptocurrencies have proliferated. In recent years, they experienced a rapid increase and subsequent decrease in value. One estimate found that, as of March 2020, there were more than 5,100 different cryptocurrencies worth about $231 billion. Given this rapid growth and volatility, cryptocurrencies have drawn the attention of the public and policymakers. A particularly notable feature of cryptocurrencies is their potential to act as an alternative form of money. Historically, money has either had intrinsic value or derived value from government decree. Using money electronically generally has involved using the private ledgers and systems of at least one trusted intermediary. Cryptocurrencies, by contrast, generally employ user agreement, a network of users, and cryptographic protocols to achieve valid transfers of value. Cryptocurrency users typically use a pseudonymous address to identify each other and a passcode or private key to make changes to a public ledger in order to transfer value between accounts. Other computers in the network validate these transfers. Through this use of blockchain technology, cryptocurrency systems protect their public ledgers of accounts against manipulation, so that users can only send cryptocurrency to which they have access, thus allowing users to make valid transfers without a centralized, trusted intermediary. -
Blockchain & Cryptocurrency Regulation
Blockchain & Cryptocurrency Regulation Third Edition Contributing Editor: Josias N. Dewey Global Legal Insights Blockchain & Cryptocurrency Regulation 2021, Third Edition Contributing Editor: Josias N. Dewey Published by Global Legal Group GLOBAL LEGAL INSIGHTS – BLOCKCHAIN & CRYPTOCURRENCY REGULATION 2021, THIRD EDITION Contributing Editor Josias N. Dewey, Holland & Knight LLP Head of Production Suzie Levy Senior Editor Sam Friend Sub Editor Megan Hylton Consulting Group Publisher Rory Smith Chief Media Officer Fraser Allan We are extremely grateful for all contributions to this edition. Special thanks are reserved for Josias N. Dewey of Holland & Knight LLP for all of his assistance. Published by Global Legal Group Ltd. 59 Tanner Street, London SE1 3PL, United Kingdom Tel: +44 207 367 0720 / URL: www.glgroup.co.uk Copyright © 2020 Global Legal Group Ltd. All rights reserved No photocopying ISBN 978-1-83918-077-4 ISSN 2631-2999 This publication is for general information purposes only. It does not purport to provide comprehensive full legal or other advice. Global Legal Group Ltd. and the contributors accept no responsibility for losses that may arise from reliance upon information contained in this publication. This publication is intended to give an indication of legal issues upon which you may need advice. Full legal advice should be taken from a qualified professional when dealing with specific situations. The information contained herein is accurate as of the date of publication. Printed and bound by TJ International, Trecerus Industrial Estate, Padstow, Cornwall, PL28 8RW October 2020 PREFACE nother year has passed and virtual currency and other blockchain-based digital assets continue to attract the attention of policymakers across the globe. -
Digital Currency Regulatory Guidance
ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION (IDFPR): REQUEST FOR COMMENT DIGITAL CURRENCY REGULATORY GUIDANCE Contents Purpose ................................................................................................................................................................. 2 Types of Digital Currency ...................................................................................................................................... 2 Application of Transmitters of Money Act ............................................................................................................ 4 Regulatory Treatment of Digital Currencies: ........................................................................................................ 5 Licensing Considerations ...................................................................................................................................... 7 1 Purpose Digital currencies such as Bitcoin, Dogecoin, Ethereum, Litecoin, and ZCash have raised questions with respect to money transmission and exchange of currency. This guidance outlines the policy of the Illinois Department of Financial and Professional Regulation (the “Department”) with regards to digital currencies. This guidance expresses the Department's interpretation of Illinois’ Transmitters of Money Act,1 (“TOMA”) and its application to various activities involving digital currencies. This guidance seeks to establish the regulatory treatment of digital currencies under TOMA as it currently exists. Types -
Article Friis Glaser
International Journal of Community Currency Research 2018 VOLUME 22 (SUMMER) EXTENDING BLOCKCHAIN TECHNOLOGY TO HOST CUSTOMIZA- BLE AND INTEROPERABLE COMMUNITY CURRENCIES Gustav R.B. Friis* and Florian Glaser** * Brainbot Technologies AG, Mainz ** Karlsruhe Institute of Technology (KIT), Karlsruhe ABSTRACT The goal of this paper is to propose an open platform for secure and interoperable virtual community currencies. We follow the established information systems design-science approach to develop a prototype that aims to combine best practices for building mutual-credit community currencies with the unique features of blockchain technology. The result is a specification of an open Internet platform that enables users to join and to host customized community currencies. The hosted currencies can be classified as credit-based future type of money with decentralized issuance. Furthermore, we describe how the transparency, security and interoperability properties of blockchain technology offer a solution to the inherent problems of existing, centrally operated community currency software. The characteristics of the prototype and its ability to fulfil the design-objectives are examined by a relative evaluation against existing payment and currency systems like Bitcoin, LETS and M-Pesa. KEYWORDS Virtual community currencies; blockchain technology; mutual-credit; LETS; Trustlines Network To cite this article: Friis, Gustav R.B. and Glaser, Florian (2018) ‘Extending Blockchain Technology to host Customizable and Interoperable Community Currencies’ International Journal of Community Currency Research 2018 Volume 22 (Summer) 71-84 <www.ijccr.net> ISSN 1325-9547. DOI http://dx.doi.org/10.15133/j.ijccr.2018.017 INTERNATIONAL JOURNAL OF COMMUNITY CURRENCY RESEARCH 2018 VOLUME 22 (SUMMER) 71-84 FRIIS & GLASER 1. -
Should the Federal Reserve Issue a Central Bank Digital Currency? by Paul H
Should the Federal Reserve Issue a Central Bank Digital Currency? By Paul H. Kupiec August 2021 During Federal Reserve Chairman Jerome Powell’s July 2021 congressional testimony, several elected members encouraged Powell to fast-track the issuance of a Federal Reserve digital cur- rency. Chairman Powell indicated he is not convinced there is a need for a Fed digital currency. But he also indicated that Fed staff are actively studying the issue and that his opinion could change based on their findings and recommendations. In this report, I explain how a new Fed- eral Reserve digital currency would interface with the existing payment system and review the policy issues associated with introducing a Fed digital currency. The Bank for International Settlements defines Governors of the Federal Reserve System 2021b). “central bank digital currency” as “a digital payment Digital deposits are money recorded in (electronic) instrument, denominated in the national unit of ledger entries with no physical form. Digital Fed- account, that is a direct liability of the central eral Reserve deposits can only be held by financial bank” (BIS 2020). In his semiannual appearance institutions (primarily banks) eligible for master before Congress, Federal Reserve Chairman Jerome accounts at a Federal Reserve bank. Powell indicated that the Fed was studying the idea Most businesses and consumers are not eligible of creating a new dollar-based central bank digital to own Federal Reserve master accounts, so they currency (USCBDC) (Lee 2021). The design of cannot own Federal Reserve digital deposits under USCBDC has important implications for the US finan- current arrangements. They can own central bank cial system. -
ISDA Legal Guidelines for Smart Derivatives Contracts: Foreign Exchange Derivatives
ISDA Legal Guidelines for Smart Derivatives Contracts: Foreign Exchange Derivatives Contents Disclaimer .................................................................................................................................. 3 Introduction ................................................................................................................................ 4 The Over-the-Counter FX Market ............................................................................................... 5 Types of FX ............................................................................................................................... 6 Building the foundation for Smart Derivatives Contracts ............................................................11 Constructing Smart Derivatives Contracts for FX ......................................................................16 Valuations and Calculations ......................................................................................................17 Issues for technology developers to consider ............................................................................20 Settlement .................................................................................................................................32 Clearing ....................................................................................................................................37 Reporting ..................................................................................................................................37 -
Bitcoin and Cryptocurrencies Law Enforcement Investigative Guide
2018-46528652 Regional Organized Crime Information Center Special Research Report Bitcoin and Cryptocurrencies Law Enforcement Investigative Guide Ref # 8091-4ee9-ae43-3d3759fc46fb 2018-46528652 Regional Organized Crime Information Center Special Research Report Bitcoin and Cryptocurrencies Law Enforcement Investigative Guide verybody’s heard about Bitcoin by now. How the value of this new virtual currency wildly swings with the latest industry news or even rumors. Criminals use Bitcoin for money laundering and other Enefarious activities because they think it can’t be traced and can be used with anonymity. How speculators are making millions dealing in this trend or fad that seems more like fanciful digital technology than real paper money or currency. Some critics call Bitcoin a scam in and of itself, a new high-tech vehicle for bilking the masses. But what are the facts? What exactly is Bitcoin and how is it regulated? How can criminal investigators track its usage and use transactions as evidence of money laundering or other financial crimes? Is Bitcoin itself fraudulent? Ref # 8091-4ee9-ae43-3d3759fc46fb 2018-46528652 Bitcoin Basics Law Enforcement Needs to Know About Cryptocurrencies aw enforcement will need to gain at least a basic Bitcoins was determined by its creator (a person Lunderstanding of cyptocurrencies because or entity known only as Satoshi Nakamoto) and criminals are using cryptocurrencies to launder money is controlled by its inherent formula or algorithm. and make transactions contrary to law, many of them The total possible number of Bitcoins is 21 million, believing that cryptocurrencies cannot be tracked or estimated to be reached in the year 2140. -
IRS, Will You Spare Some Change?: Defining Virtual Currency for the FATCA
Valparaiso University Law Review Volume 50 Number 3 Spring 2016 pp.863-911 Spring 2016 IRS, Will You Spare Some Change?: Defining Virtual Currency for the FATCA Elizabeth M. Valeriane Valparaiso University Law School, [email protected] Follow this and additional works at: https://scholar.valpo.edu/vulr Part of the Law Commons Recommended Citation Elizabeth M. Valeriane, IRS, Will You Spare Some Change?: Defining Virtual Currency for the FATCA, 50 Val. U. L. Rev. 863 (2016). Available at: https://scholar.valpo.edu/vulr/vol50/iss3/10 This Notes is brought to you for free and open access by the Valparaiso University Law School at ValpoScholar. It has been accepted for inclusion in Valparaiso University Law Review by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at [email protected]. Valeriane: IRS, Will You Spare Some Change?: Defining Virtual Currency for t IRS, WILL YOU SPARE SOME CHANGE?: DEFINING VIRTUAL CURRENCY FOR THE FATCA I. INTRODUCTION The founding father commemorated on the one-dollar bill said, “[t]o be prepared for war is one of the most effectual means of preserving peace.”1 Although the quote relates to war, we adopt the underlying message as it relates to law. Arguably, creating law is the most effective means of resolving future legal disputes, especially issues that emerge when applying yesterday’s law to the ever changing norms of today’s society. Cryptocurrency, a type of electronic money, presents many legal issues as this new medium of currency has found its way into the world’s economy.2 Not to be confused with other digital currency, such as game awards or airline miles, cryptocurrency is not confined to a defined 1 George Washington, President, State of the Union Address (Jan. -
Blockchain Implementation Method for Interoperability Between Cbdcs
future internet Article Blockchain Implementation Method for Interoperability between CBDCs Hyunjun Jung and Dongwon Jeong * Department of Software Convergence Engineering, Kunsan National University, Gunsan 54150, Korea; [email protected] * Correspondence: [email protected]; Tel.: +82-(063)-469-8912 Abstract: Central Bank Digital Currency (CBDC) is a digital currency issued by a central bank. Motivated by the financial crisis and prospect of a cashless society, countries are researching CBDC. Recently, global consideration has been given to paying basic income to avoid consumer sentiment shrinkage and recession due to epidemics. CBDC is coming into the spotlight as the way to manage the public finance policy of nations comprehensively. CBDC is studied by many countries. The bank of the Bahamas released Sand Dollar. Each country’s central bank should consider the situation in which CBDCs are exchanged. The transaction of the CDDB is open data. Transaction registers CBDC exchange information of the central bank in the blockchain. Open data on currency exchange between countries will provide information on the flow of money between countries. This paper proposes a blockchain system and management method based on the ISO/IEC 11179 metadata registry for exchange between CBDCs that records transactions between registered CBDCs. Each country’s CBDC will have a different implementation and time of publication. We implement the blockchain system and experiment with the operation method, measuring the block generation time of blockchains using the proposed method. Keywords: CBDC; CBDC exchange; ISO/IEC 11179; CBDC interoperability blockchain system Citation: Jung, H.; Jeong, D. Blockchain Implementation Method for Interoperability between CBDCs. Future Internet 2021, 13, 133.