Smart contracts built in the blockchain are quietly revolutionizing traditional transactions despite their questionable status under current law. At the same time, disputes regarding smart contracts are inevitable, and par-ties will need means for dealing with smart contract issues. This Article tackles this challenge, and proposes that parties turn to online dispute resolution (âODRâ) to efficiently and fairly resolve smart contract disputes. Furthermore, the Article acknowledges the benefits and challenges of current blockchain ODR start-ups, and proposes specific ideas for how designers could address those challenges and incorporate ODR to provide just resolutions that will not stymie efficiencies of smart contracts. Nonetheless, the Article also raises pivotal cautions and questions for ensuring the fairness and transparency of these solutions over the longer term.
This article discusses current developments in East Asia to more effectively use mediation with international commercial arbitration, supported by the 2019 United Nations Convention on International Settlement Agreements Resulting from Mediation (the âSingapore Conventionâ) and the UNCITRAL Model Law on International Commercial Mediation (the âUNCITRAL Model Mediation Lawâ), and by online dispute resolution using innovative technology (including artificial intelligence, machine learning, the internet of things, blockchain, distributed ledger technology and smart contracts). It discusses the background to the changing approach including the increasing pressure for arbitration to become a mechanism of last resort in international dispute resolution prompted by policy makersâ and usersâ demands for cheaper , quicker and culturally more international dispute resolution and the changing sources of international investment, developments in international relations including the Belt and Road Initiative announced by China, and the initiatives being undertaken by various investment and trade communities including APEC, particularly focusing on micro, small and medium sized enterprises (each a âMSMEâ). This article briefly refers to the current status of online dispute resolution utilizing innovative technology, and the legal opportunities and challenges posed by it. Finally, it briefly refers to some neuroscience research relevant to dispute resolution.
Esther SalmerĂłn-Manzano, Francisco ManzanoâAgugliaro
The advent and development of digital technologies has had a significant impact on the establishment of contracts. Smart contracts are designed as computer code containing instructions for executing user agreements, offering a technologically secure solution with numerous advantages and applications. However, smart contracts are not without their problems when we try to fit them into the traditional system of contract law, and their presumed benefits can become shortcomings. Bibliometric studies can help to assess the current state of science in a specific subject and support decision making and research direction. Here, this bibliometric study is used to analyze global trend research in relation to this novel contractual methodology, the smart contract, which seems to have experienced exponential growth since 2014. Specially, this analysis was focused on the main countries involved and the institutions that lead this research worldwide. On the other hand, the indexations of these works are analyzed according to major scientific areas and the keywords of all the works, to detect the subjects to which they are grouped. Community detection has been used to establish the relationship between countries researching in this area, and six clusters have been identified, around which all the work related to this topic is grouped. This work shows the temporal evolution of research related to smart contracts, highlighting that there are two trendsâe-commerce and smart power grids. From the perspective of driving sustainability, smart contracts could provide a contribution in the near future.
Cryptocurrencies like Bitcoin may turn upside down not only the system of currencies but that of the international trade.One of the most intriguing questions is how a currency, like Bitcoin, intended to be used globally, can be inserted in the soundly elaborated system of the Vienna Convention on International Sales of Goods (CISG).The paper focuses on the following topics: the nature of Bitcoin, exchange rate fluctuation and hardship, and the determination of late payment interest.
Developments in Blockchain, smart contract, and decentralized application (âdAppsâ) technology have enabled new types of software that can improve efficiency within law firms by increasing speed at which attorneys may draft and execute contracts. Smart contracts and dApps are self-executing software that reside on a blockchain. Custom smart contracts can be built in a modular manner in order to emulate contracts that are commonly generated and executed in law firms. Such contracts include those for the transfer of services, goods, and title. This article explores exactly how implementations of smart contracts for law firms may look.
Blockchain, arguably the most discussed and promising of FinTech trends, has incredible potential to transform legal technology. Infamous as the technology behind cryptocurrencies, distributed ledger technology (DLT) has developed far beyond these origins and may prove far more valuable than the currency it supports. As a form of DLT, blockchain allows for secure decentralisation of peer-to-peer, irreversible exchanges, providing a transparent and irrevocable record as these occur. The technology is already used across the legal industry and a plethora of opportunities to extend its application bubble beneath the surface, under development, waiting to break into the current market.
In the early 1970s, the legal community grappled with whether to allow payment of legal fees by then-innovative means: the credit card. The first ABA opinion on the subject permitting payment of legal services by credit card was issued in 1974.
Today, attorneys are faced with another cutting-edge method of paying legal fees: virtual currency, also known as cryptocurrency. Cryptocurrency is not money - it is property. Attorneys accepting cryptocurrency in payment of fees raises a number of ethical and practical issues which should be addressed by the attorney in the engagement letter with the client.
Blockchain seems to be everywhere these days. It is touted as the new foolproof technology, which can be used for everything from cryptocurrencies, through land registries to identity cards and health records. Enthusiasts have predicted that it will bring about deep change, ensuring data security and identity authentication, while doing away with traditional intermediaries. With blockchain we are told that it is the ânew internet,â an application that will change the way we transactâstrengthening commitments and ensuring seamless execution. At the same time, and at an alarming frequency, we hear about mass scale fraudulent schemes attacking cryptocurrency exchanges, resulting in the loss of many millions of dollars. Aside from fraud, other problems abound, resulting from misunderstandings between transacting parties, loss of passwords and privacy risks, to name a few. The gap between the promise of an infallible, dispute-less environment and the inevitable reality of having to deal with disputes in the blockchain setting lies at the heart of this paper. It is, we contend, impossible to enjoy high levels of human interaction without generating conflict. The inevitability of disputes is enhanced in a potentially lucrative environment of innovation and complexity, such as the blockchain. In such settings, unexpected developments are bound to occur, and expectations of interacting parties are likely to differ. Indeed, this was our experience with the internet of the 1990s as the e-commerce setting began to flourish. Initially, disputes were not the focus of attention and avenues of redress were difficult to come by. Over time it became clear, that for e-commerce to evolve there needed to be trust by users, and for trust to be sustained, e-commerce platforms needed to institutionalize avenues for addressing and preventing disputes. These processes have come to be known as âonline dispute resolutionâ (or ODR). The lessons learned from the evolution of ODR are slowly penetrating the blockchain arena, as some entities are developing ODR tools and processes that are tailored to this environment. At the same time, for ODR to be adopted and used, some of the underlying assumptions driving the design and adoption of blockchain technology need to be relaxed, as they are in tension with the tenets of dispute systems design: recognizing the inevitability of conflict, understanding trust as a human construct, and assigning weight to individual needs alongside group ideology. This article establishes its main theses in the following order. Part II provides background on the history and evolution of the blockchain, highlighting its dominant applications and its principal features. We discuss governance and trust on blockchain, finding that despite a rhetoric of disintermediation and distribution of power, there are still some players that enjoy more power than others in the blockchain setting. Furthermore, we highlight the governance choices that can shape the extent to which power is concentrated, accountability is established, and avenues of redress are available. In Part III we briefly discuss the history of ODR and describe the leading ODR schemes that have emerged for the blockchain setting, illuminating similarities and distinctions among them. Despite growing interest in ODR for blockchain, the use of these initiatives has yet to spread. We explore the various barriers that stand in the way of ODR for blockchain gaining momentum in Part IV.
The synergy between computer programs and contract law has generated considerable attention among legal scholars. Smart contracts were first theoretically described in 1996 but they came to life in 2009, with the development of cryptocurrencies. Relying on the papers published in the European Journal of Private Law, the author presents the problems and dilemmas arising from contract digitalization. Irrespective of whether smart contracts are perceived as a revolutionary change in contract law or just as a new mode of concluding and executing a contract, the automatic performance of a contractual obligation and the immutability of smart contracts profoundly affect the existing contractual practices. Traditional concepts such as contract formation, interpretation and inability to perform have acquired new meanings and functions. Online protection of contracting parties, consumers and the public order requires a regulatory reform but it is also essential to adapt technology to the intrinsic nature of legal transactions in order to meet juristic requirements. A smart contract is comparable to a vending machine: it is immutable and blockchain-based. The paper focuses on the most important types of smart contracts, their characteristics and application. Smart contracts lack artificial intelligence and their legal effects have been challenged. However, smart contracts have a great potential in terms of facilitating legal transactions and reducing the risk of contractual breach.
In the rapidly developing cyber sphere dominated by cryptocurrencies and code, it is perhaps not uncommon for firms to focus on cutting-edge technological developments leaving the law behind as an ...
Whereas Article 22 of the General Data Protection Regulation (âGDPRâ) prohibits solely automated data processing, the precise scope of this qualified prohibition as well as related requirements remain untested and unclear. Examining Article 22 GDPR from the perspective of smart contracts sheds light on the resulting uncertainties and inconsistencies. Smart contracts indeed appear to qualify as a form of solely automated data processing under Article 22(1) GDPR. This implies that they can only be used where they meet the requirements of Article 22(2) and implement the safeguards of Article 22(3) GDPR. Under Article 22(2) GDPR, solely automated data processing can only be used where it (i) is necessary for a contract between the data subject and controller, (ii) authorized by EU or Member State law, or (iii) based on the data subjectâs explicit consent. At first sight, these requirements can be met in the smart contract context just as in others. Yet, the research unveils that even where a smart contract is related to a legal contract, that contract may not be between the data subject and controller. Furthermore, consent may have limited value in this context as under EU data protection law, the data subject must be able to revoke consent, which is difficult where the data processing cannot be halted at the request of the data subject. Where the requirements of Article 22(2) GDPR are met, Article 22(3) requires that data controllers implement safeguarding measures including a right to human intervention by the controller. There are ongoing uncertainties and controversies regarding the scope of this obligation that also permeate the smart contract context. Yet, solutions are already being developed to create forms of smart contracts that may be responsive to these legal obligations, confirming the GDPRâs innovation-shaping function. In accordance with Article 22(1) of the General Data Protection Regulation (âGDPRâ) a data subject has the right ânot to be subject to a decision based solely on automated processing, including profiling, which produces legal effects or or or At a where automated data processing is on the of the regarding the scope of this qualified prohibition and for the to subject to to the of the data of the Data Protection already that be as and that the of human intervention in indeed to a of human these the a prohibition of automated processing resulting in This by to in as Article of the Data Protection In the GDPR a and forms of solely automated processing, of they or In of for the data the precise of this remain as it in the prohibition of solely automated data processing has in law, in automated not solely forms of data are or are based on this which in data processing and has to be the as it and that are able to human from the perspective of and Smart which are the of the are form of automated data processing that to and Smart contracts can be as that it is these are in the context of the of automated is also being with in to and has already used in for a of In automated is smart value smart contract is a that on of a and this of the of a this form of automated as automated for the of Article 22(1) GDPR, the data protection be a the to which smart contracts can be used in the smart contracts have from the perspective of contract as the has to Whereas a smart contract only in be to a legal contract, they of automated data processing, the of GDPR In this to light on smart contracts qualify as a form of solely automated data processing under the GDPR. smart contracts as to the of Article 22 as well as to the of smart contracts in the legal with to the Article 22 GDPR and to smart with a of that smart solely automated processing and the GDPRâs qualified prohibition in Smart contracts are of the with have as on that are of on the of In a smart contract is that is of these to they are just with the on and legal Furthermore, smart contracts are in to are to smart contracts the of this to a smart contract as of in including which the on these in a that it difficult for to by the of contracts that be and by and of a the smart contracts are that value and only it are a smart contracts are that can be by a of the of a the have and In the the has and as has on smart contracts are also legal even of contract of smart contracts are to which in including that of to in and in that smart contracts for of they are in with legal to smart contract is that the of a and the of that on the of by the or from the smart contracts can indeed be used as a of that smart contracts are also legal smart contract is not smart a Smart contracts are not as they are to as or to are can be or or that the as a has or have Smart contracts also cannot be qualified as contracts in the legal they are a to for smart contract is a of that a in for they are as of and can that smart contracts are smart contracts that they are the is the At on where the is smart contract and cannot be halted this is the or a or the on automated in of human or and and smart contracts can of is smart value already that the are and of to a at has the intervention of a or the is by the automated Where smart contracts are used to the of obligations, is the the can be used for the of in the of or to are for smart contracts for Smart contracts can be on to to where are In this the smart contract is to and where these a a is to the Smart contracts may to This has not as the has to smart contracts in to Smart contracts the of a of also by smart contracts as a of of not only also Where can be This can be as a legal or to on as by cannot be can also be for as the of including and to for and to the in by on also has as indeed in of as or which cannot be smart contracts have in to smart contracts from the of the that automated smart contract it not cannot be halted the has also a that that smart contracts also be on that smart contracts are a it is that they have a this automated that with a is of a smart Under this smart contracts can be in be as of a smart contract, as well as a and of these and are as the are in in a to human intervention in the the of automated In this is not a the and of smart contracts contracts have for a smart used in a or legal for is that in smart contracts are to the automated of This a of automated data GDPR, a qualified prohibition of solely automated data Article 22(1) GDPR that data have the right not to be subject to decision based solely on automated processing, including profiling, which produces legal effects or or or smart contracts are by this it must be (i) a smart contract as a decision based solely on automated processing, and (ii) that decision produces legal effects for the data subject or or GDPR automated data automated processing a of or a indeed that automated processing not be as a the of the GDPR in the of it the and the on the with in the of the In the for a of the that automated processing of data not to to the scope of Article it that automated a scope and may with or from also a of solely automated as to by human decision is on automated processing where is human in the to and smart automated can be of as of value in which of the is by a human GDPR only solely automated data This the a smart contract can be qualified as a This is of the GDPR that may have it also in of as the precise to be to the at This is by the that Article 22 only to by solely automated data processing, that data have the right not to be subject to a which may a based on solely automated data of in the in the of the GDPR a of which to as the of the GDPR indeed only used the of in Article which only by the these to be be by the of have that a is or with legal a is or with this is indeed the in can be as Article 22 that can have legal effects or In the that that a can also be a that the to be of of the to a of GDPR as data or in to the and protection of data the At where a smart contract to that be a human in the be as a This be the where a smart contract is used in to on the of it is the of a smart contract to a or a appear that the that human is in where is by law, even of have the of under the of related of smart contracts may qualify as measures and be the of EU data protection has of by Article the of on the of as of solely automated human This smart contracts a that is by and by a This even be qualified as a smart contract a of the as or are to qualify as for GDPR it is to that smart contract the of a smart contract as a decision or may also the of may that the to the of the smart contract of a as a decision a or of a In with the of smart is human at the of that Article 22(1) to that the a and is of the that in the smart in be on the and of the smart a human as the the smart contract data to Furthermore, are also to human Where a smart contract is to a legal contract as a smart contract is used to of the be to Whereas this to to the of Article it is to be that Article 22(2) explicit from the Article 22(1) prohibition where a smart contract is used to a human in the of the contract to be for the of the first be for explicit to this in the the of Article 22 GDPR as a the that the for the of Article 22(1) is to be the of the which indeed human may that smart contracts are at in by Article 22(1) GDPR. a the qualified prohibition of automated data processing only where automated processing produces legal or effects on the data subject. This is the of the Article 22(1) that Under Article 22(1) GDPR, data are only not to be to based on automated processing the legal effects or is necessary to smart contracts can (i) legal or (ii) This is to be on a and be as the of where be effects on at smart contracts have for as they is are or for a or is has as a in legal or obligations, legal or under a a smart contract is used to a obligation a in legal and where a is or a or is the of and the of smart contracts have legal effects and as a be by Article where legal effects are a smart may a data subject. Under Article a can be or and where the of automated data processing are or to be of This is to effects on the or of the or a or on the In this to Article scope of as effects of from context and to automated decision to to a on a or may be in in as where a to a Whereas is on the of is to be from or it to that is as is and data protection by effects a is it is to that this be in at is that effects that are from to to legal is is a that Article 22(1) a in a where with legal effects be by the prohibition of automated processing, even where they are a of a from the of automated of or automated human which are in that must be is that of the necessary for forms of solely automated data processing to be by the GDPR. is for solely automated data processing of data is data or is by Article 22 or to be data that as data for this to be the This is not from the of Article 22(1) which of a decision being to data This the of data the a data subject. that is a for data to qualify as be the in of or automated where the data is indeed may can be where data is not data and the decision is that Article 22 GDPR that smart contracts are to at in the scope of the GDPRâs qualified prohibition of automated This prohibition is automated processing can be on the of Article 22(2) GDPR. of Article 22 GDPR in which automated data processing in and the to smart that only with that not as in for processing to Article 22(2) the prohibition of automated processing not the is necessary for or a contract between the data subject and a data is by or Member State to which the is subject and which also measures to the data and and or is based on the data explicit consent. to the prohibition of automated processing under Article 22(1) it that automated is where it is necessary for the or of a contract between the data subject and the controller. that the for smart contracts in the automated of legal Where the smart contract is to a automated processing in the form of can be that the legal contract is between the data subject and the data controller. the of the and the that automated must be of the of a the that that this contract must between the and the data which has in the of the In this not where a a smart contract to automated the is a to the contract, and at the the data in to the Where and that can be and used by are used to the smart contract, the that the contract be between the data subject and the data In a data may be in of the data to the be with the smart contracts may also be to be data for the of Article 22 GDPR where they a decision that is to the data subject where this in data that or to or the on also qualify as Under the GDPR, a data is the that or the and and of data has that a of this to be the in that of a are controllers with regarding of the data that the of a must be to the and protection of data a the of a on be as by of in on and the of and in the of the and of processing the data of the to that where a smart contract is the that is on also a data controller. Yet, and are not by a legal that be as the controller. these are by the of a of including and and as to as the from the perspective of the Data Protection that smart contract can also be data controllers in Whereas the precise of the data has to be in light of a it to that at the as well as at the smart are under the GDPR. is to be that the the to the smart contract also be a these a in to the of Article is is as of on this it to that the of a with at of controllers be to this it is the of as Article that solely automated data processing may where it necessary for or a contract between the data subject and a data the of this at this it be to that solely automated processing only be used where are Yet, is can be on the of the of solely automated data processing in the that of a and automated the of be indeed as and are well in the of the the has that is not where and to the this that to be the by the by the it the in to processing that where of of for a this of may automated necessary as a first in the this is is a to be as the be even it of There regarding the scope of and can that is necessary in the of or Article GDPR Member or the EU to create to the prohibition of automated processing that data subject and are At this has at EU or Member State to solely automated data processing in to smart At the Member to related to may on Article GDPR for these of this in the that the requirements under Article 22(3) GDPR, not Article GDPR automated data processing where it is based on the data subjectâs explicit consent. Where is the smart contract this can be in a as explicit consent be on the as the contract is can be in as forms of where is legal contract to the smart at in the it also be to consent in are in this the of consent, which is not in the has by the in on consent as necessary in that data protection that of data is consent a or on of the data subject. Where consent is in of the of data processing, the data subject of which the form of a or the in of form or Data controllers are to of of consent is a Article GDPR requires that the data subject has right to or consent at this may not the of processing based on consent that to this in the of automated data processing this is it may be difficult for a data subject to to the data processing in consent. In and in the of that data processing as data be by the controller, which to the of or data in that data controllers to on consent as a for data processing Article 22(2) a of to smart contracts under EU Where this is the requirements must be on automated processing under Article or safeguarding measures in the form of a right to human intervention Article 22(3) and a right to be and has that where automated processing a a Data Protection may be Article 22(3) that where automated processing is authorized on the of the first or of Article the data implement measures to the data and and at the right to human intervention on the of the controller, to or of and to the EU data protection only automated data processing where it is in is indeed based on a Article 22(1) only where processing solely automated the of human by of Article 22(3) processing can be solely automated Article 22(3) obligation that automated data processing can only under Article or where is of human intervention on of the and the data subjectâs and are Whereas the precise of the are subject to the of human intervention is Data are of to not on the of human for solely automated data processing under the GDPR. this to smart is human at must it be and is the data in a to it is to human intervention must to the of the data protection has that human intervention must not just be the form of a by the and to the a of the including by the data that human intervention not just be is has that to by and even where is that it is even where a is as a human as a it may be used as the where the human or the the must the in human intervention There is to this that it is that human intervention the decision has in the of the as a of In the smart contract that the of the smart contract it has a this is as a is for the it to the for of human smart contracts are to with the GDPR to of automated as In to the of human intervention for the of Article 22(3) may be for smart contracts to a smart contract to human intervention in a as in or can be as the smart contract is a by In as to be from human this is for the of a smart contract a even a for human intervention are to as these may be with the to human must be to Article that the data human the of the data in of and and is to be that be a of controllers at and qualify as a controller. of human intervention must be by these or only of the is that Article GDPR and requires that controllers that the of that the data subject can This that controllers are to with the of human it that the is that data controllers have that the of be with to the of the Where solely automated processing the data subject is to this of data Where automated processing the data subject has a right to be this subject to Article GDPR requires that the data with and the processing of this to be in to automated data processing on the between and as well as GDPR. Article GDPR that a data subject is to be the of automated including profiling, to in Article 22(1) and at in the as well as the and the of processing for the data subject. Article GDPR the in where data not from the data is also by Article that of be to the data subject. the (i) of automated (ii) the and (iii) the and the of the to a to the right to as it is with in these that in of solely automated processing, a data subject from including the right of the decision and to the Whereas the can be difficult to as it is not by the of the GDPR and this by the may be as that to of the precise in which a decision is is to be by the data controller, that the of also in this context. There has as to the of the of in the and of in is in the of a is that of a are not are to the of the and can with the that they cannot be used for a of the the GDPR a of for in the have the of the of just they uncertainties have to as to are under the GDPR. may the GDPR a to that may protection to data the a has regarding the of the GDPRâs right to In a first and that the GDPR a to in of a a to of not in the General Data Protection that is only a right to in only as right for be the of right to be automated decision that the between and Article 22 from the that a right to for Article 22 this in the of from the a in with by and that and 22 be that they for Whereas protection may a data subjectâs right to they that the of protection be to data protection and a to and that the on the right be a right to by or a right to used in that a data to be and the of right to as a where they have by the have the as to these to be In the the has on these that is of data controllers is that they (i) the data subject that they are in solely automated processing, (ii) the (iii) and the and to these the of data these data are as are the is for the and it is used to a decision the data appear to to in of the that is used is as to the data subject the or the on in the is is ânot a of the used or of the the to the data subject be to the for the these are a in the is a of the to be that of or of the that in it is not In the to to the data subject the or the on in the This the of which the or measures a for the and the of these requirements in a smart contract context be that these on the data the as the of the obligation be Smart contracts in the form of data and the in processing is a that can be and is the between the right to and the to automated processing explicit consent under Article may of is in to for consent to be Where the of automated processing are not it may be consent cannot be This may in a where is under Article as a of the obligation to the data subject of of data This is of as ongoing as have as to can a of a that may have data and may or There is a regarding and automated can be and which is is the of In data controllers that on smart contracts also be subject to a to a Data Protection In on automated processing obligation to a Data Protection are of the of the processing on data that to be by data controllers where the the context and of processing are of to the and of which can be the in where are Under Article GDPR are in where processing (i) a and of of based on automated (ii) data and data related to and or (iii) where the of a on is Where a that processing in a for data and measures to the can be the is to the At first the that a must the of a smart are where automated processing that Article to not automated as Article this is only the where processing a and of of it cannot be that as a the context and of processing are of to the and of be that in smart contracts are a a that smart contracts as a be of smart contracts has on in as in or automated and where a smart contract is on a of a and are to a as this a that a from a data protection it on a where and is from in to of the of as and of on these be as a for data a is in that a to be to the precise for the data subject as they from the and can also be as in with the data protection by Article GDPR requires the of the data protection of data protection by and data protection by data processing Article GDPR requires that controllers implement and measures to meet the GDPRâs at the of processing as well as the of In this the of the the of and the context and of processing as well as the of and for and of by the to be In the GDPR a for the to implement and measures that the requirements not just to the processing also to the as to that only the data for of the are these requirements is that may be a of to the of it is that to the of the of and it to has in the of the Data Protection that and measures to be in to processing and also is a of by as it is that in are measures that data processing, the of a data subject to data processing and and by the controller. have for smart Article GDPR obligation for to this as well as the they on in a with the GDPR not just Article the requirements of data protection by and data protection by smart contract on a This is are in a that with of the GDPR it is difficult for to meet the data they are a of or to implement data subject as they to and they are to human In light of these on Article GDPR, which the of as to with the data protection by and data protection by requirements have to are the scope of Article GDPR as the has not on the and the is in a with these is as it is a the of for of the has that the GDPRâs prohibition of solely automated processing to smart Whereas on automated smart contracts can be where it is necessary in a is authorized by law, or where the data subject to the processing, and must be in a data protection This the of human the of regarding the of processing in a in smart contract must also be in a that for the data protection by and by with these requirements at in be with as This is in the context. these that they can be in of or this human intervention in the and of the data Smart contracts can be used as a to that Yet, as smart contracts are to to and legal these and they may also GDPR in to by including the a these not in from have and it is that on for and to the smart contracts on these There is ongoing to smart contracts in of with of the that can as a in the or that the automated that smart contracts not be the automated and the of is ongoing of with that the of smart contracts and automated in this are ongoing research and to smart contracts a in to to be used in This may to have effects on GDPR as they of human the of the to the with it can In a is human which is by the data subject and smart contracts of to a a of a the to a that is based on that of the and that of the of the and the and the Where a to the to the Where a that cannot be by the the to as these the requirements of Article 22(3) GDPR which to human Furthermore, are ongoing of to be smart At it of automated with where the smart contract forms of a that be is a of a related contract in the smart contract and the smart contracts or has a the contract, as by to of this smart be used to the smart in the of a or to legal contract be with and the smart contract that to and the and which the smart contract with human of are smart contract that can be used in are on
The development of new technologies has different effects on the existing law. Smart contracts are one of the forms of the new technologies that questions the application of the traditional contract law on commercial transactions using smart contracts. In that context, the enforceability of contractual transactions concluded in the form of smart contracts represent one of the major legal questions. Moreover, the question is whether the existing English contract law needs to be modified in order to secure the enforceability of smart contracts. These issues will be, accordingly examined in this paper with the aim to understand better the relationship of the traditional contract law, on the one side, and, smart contracts, on the other side.
Given the ubiquity of artificial intelligence (AI) in modern societies, it is clear that individuals, corporations, and countries will be grappling with the legal and ethical issues of its use. As global problems require global solutions, we propose the establishment of an international AI regulatory agency that --- drawing on interdisciplinary expertise --- could create a unified framework for the regulation of AI technologies and inform the development of AI policies around the world. We urge that such an organization be developed with all deliberate haste, as issues such as cryptocurrencies, personalized political ad hacking, autonomous vehicles and autonomous weaponized agents are already a reality, affecting international trade, politics, and war.
As cities become more digitally governed, centralized infrastructures face growing risks across identity, safety, and data domains. This chapter reframes blockchain as a foundational trust protocol for urban resilience, emphasizing its core features: immutability, decentralization, transparency, and consensus, as tools to address systemic privacy and security challenges. It explores blockchain's role in securing digital identities, logging infrastructure events, and enabling auditable governance. Real-world deployments in land registries, voting, procurement, and incident response, especially in Asia and Europe are analyzed. Privacy-preserving techniques like zero-knowledge proofs and decentralized identity are also examined. The chapter highlights integration hurdles such as interoperability, regulatory gaps, and ethical tensions, while outlining emerging trends like Blockchain 4.0, quantum-safe cryptography, and DAO-led civic participation. It offers a roadmap for decentralized citizen-centric governance in smart cities.
Scanning of museum specimens has taken off. Using 3-D computed tomography (CT), specimens are scanned and, along with underlying digital data, are stored in online repositories, such as Digimorph, MorphoSource, iDigBio, and others. The material is made publicly available. But a host of legal questions have emerged, including ownership of scans, data, and the ability (or lack thereof) to copyright them. Do the people in possession of the specimen own it, and do they have permission to distribute the specimen for scanning? Who claims the rights to the digital data? Does a contract between the owning institution and the source of the specimen affect its digital reproduction and distribution? Tim White, director of collections and research, Yale Peabody Museum of Natural History, notes: ââŚresearchers will borrow something and then realize [they] want to have these specimens scannedâŚoften at a third-party institution and the museum may only find out after the fact.â Does Yale own the specimen or is it on loan? Is there shared ownership by a written agreement? Who scanned the specimenâthe borrowing institution or another organization that owns scanning equipment? According to David Bloom of VertNet, a National Science Foundation funded project, the loaning institution owns or manages the specimen, although the scan belongs to the borrower. Intellectual property attorney and former museum curator Amanda Nelson warns that it is not so simple. In the Yale example, much depends on the paperwork between the loaner and borrower. To avoid misunderstandings, Dirk Neumann of the Bavarian Natural History Collection, suggests the owner add âa specific section on the loan form that the borrower cannot get copyright ownership in his imaging but may use the images for his research purpose, so that there is a written proof of the borrower that he is author of the images but waives his copyright.â Doug Boyer, of Duke University and founder of the MorphoSource 3-D data and imagery repository, explains that museums have release forms that state what can be done with the specimen and may include a third-party clause that limits rights to distribute the data. In the United States, unlike in most European countries, medical scans cannot be copyrighted, as the copyright office does not judge them to have creative input. But Boyer suggests organizations assert copyright for their 3-D scans, many of which are derivative, posted in online repositories. Prepping and scanning a specimen for research involves value judgments and creativity to emphasize certain parts of its anatomy. Boyer thinks copyright should be applicable to research scans: âThere's no question that at least the derivative images are copyrightable.â As attorney Nelson notes, âThe bar for creativity has been set so low, sometimes just merely changing [or adding] colorsâŚis a creative choice.â Patent attorney Sarita Pickett, of Mesmer & Deleault, explains that technology has changed so quickly âthe laws have not always had time to catch upâŚ.â Copyright âclerks are unlikely to have the experience necessary to recognize when additional design elements are involved in activities that were previously entirely technological,â says Pickett. Part of the problem is how scientists describe their scans. Scientists put creative thought into designing and coloring a scan, âbut when they describe what they did, they donât use creative terms, leaning too heavily on the functionality aspect [showing frog bones]âas might be appreciated by another scientist.â To Boyer's knowledge, no scientists have registered copyright of their CT scans, but the MorphoSource group encourages researchers to assert copyright and ownership of their scans. The copyright issue will likely be determined in the courts, he added. A network of US-based museums and working groups is devising best practices and guidelines for archiving and sharing 3D data, and Boyer is optimistic that this will help museums share their collections globally. Data, too, are an issue. Nelson says, generally âdata canât be copyrighted.â Identifying tags on a specimen âcannot be copyrighted because that's information; that's fact.â The basis for this policy is that sharing the data is âfor the benefit of society [as] a wholeâ for research and study. Some institutions want to maintain the open availability of data, although others want to limit what can be done with the data. The Creative Commons licensing mechanism can leave data or scans open to all, limit use, or claim copyright worldwide. Most data put online are for noncommercial use. But, warns Nelson Rios of Yale Peabody, âThere's absolutely zero enforcement behind any of thatâŚit's too complicated to pursue; also it's too expensive.â No matter what, Amanda Nelson points to the value of paperwork: âAt the end of the day, it's who signed what and what does it say.â Myrna E. Watanabe (mewatanabeconsulting@gmail.com) is a science and grant writer in Patterson, New York.
The paper proposes a legal definition of the notions of blockchain and smart contract from the point of view of the intellectual property right.Therefore, this research brings to light the effects of new technology on the positive law and, above all, on the notion of contract.By applying the blockchain technique, the parties optimize costs and significantly reduce the time needed to produce legal effects, particularly by eliminating third parties.However, this technique creates a real series of legal issues that already give jurists the opportunity to develop new theories of law by finding solutions to them.
This article presents a new method for managing digital reuse rights of research data, which leverages technologies such as the blockchain and smart contracts. This allows, on one hand, the creation of a permanent record on the agreements between the authors of the data and the reusers, with the possibility of verifying compliance at any time, and on the other hand, a higher level of granularity on defining the conditions of reuse. A practical implementation of such a workflow using the Solidity smart contract language is included, along with a brief analysis over the Ethereum blockchain network.