Blockchain

Abstract

Distributed ledger technology, a method of storing and maintaining the integrity of multiple copies of critical data using a massively redundant network of participating machines, has found a “killer application” in blockchain, a type of distributed ledger. A blockchain consists of sequential blocks that may never be modified or reordered, leaving a public, auditable record that is consistent and highly resistant to tampering and deletion. These qualities make blockchain eminently suitable for its most common use, cryptocurrency, and its occasional variants in the form of cryptocurrency tokens, used to represent ownership or some other right to virtual or physical goods and capabilities. Blockchain also enables smart contracts, discrete bodies of software written to serve both as the memorial and the means of execution of an agreement between parties. Smart contracts can have all the elements of a traditional contract, and as jurisdictions legislate or jurists rule on the fine points of enforceability and the acceptability of smart contracts as traditional contracts, applications in nearly every area of commerce have emerged. Digital lawyers may not need to become software developers, but deepening their understanding of the capabilities and limitations of the technology, developing a keen awareness of the issues at the intersection between code and the law, as well as the law’s readiness in this area, will be of great advantage to them and their clients in this rapidly evolving area at the intersection of technology, commerce and law.