The cryptocurrency market grew from a $1.5 billion market capitalization in early 2013 to over $795 billion in January 2018. Bitcoin, an exemplar cryptocurrency, gained value from $0.08 before 2010 to over $17,000 per bitcoin in December 2017. While cryptocurrencies have campaigned for revolutionizing financial transactions, the crypto-market is plagued by nefarious minds, fleecing investors in frauds and Ponzi schemes. This crypto-mania therefore presents numerous legal and regulatory challenges that demand prompt and efficient responses. Nevertheless, the decentralized, anonymous nature of cryptocurrencies magnifies these challenges and has constantly outpaced the law’s ability to respond. To understand the effects of different regulatory strategies, this Note compares regulatory landscapes on cryptocurrency between the U.S. and China. In a nutshell, while China explicitly banned any exchange or financing activities between fiat money and “coin substitution” in 2017, the U.S. has placed cryptocurrencies within its existing legal labyrinth. What explains the difference and what is its result? Rather than reducing the regulatory variances simply to differences in political ideologies, this Note attempts to explain the reasons behind the two countries’ drastically different regulatory approaches by understanding the regulators’ institutional capacities and objectives. This Note also identifies the interesting impacts of the two countries’ regulatory approach. Namely, China has attempted to substitute the crypto-market with state-led projects and even potential crypto-fiats, while the U.S. regulatory framework has maintained its consistency, but left some areas lawless while others potentially over- regulated. Part I of this Note introduces the background of cryptocurrency and its technological strengths and weaknesses. Part II surveys the existing regulatory landscapes of the U.S. and China. Part III explains the reasons why the two countries take drastically different approaches in regulating cryptocurrency. Part IV lists comparative strengths and weaknesses between the two regulatory frameworks. Part V concludes and cautiously makes policy recommendations.
The challenge for countries without adequate land management is not simply to build a land registry system but to create a system that is trustworthy, efficient, and free of corruption. According to Transparency International, 20 percent of land service users worldwide admitted that they have paid a bribe in order to register their property or verify land ownership information. 4 . This reduces the efficiency of service delivery and undermines public trust in the
Blockchain technologies (BC) are immutable distributed systems of digital ledgers (i.e., without central repository) and, as rule, without central authority. Currently, there is a lot of excitement around the use of BC technology, although the technology itself, on the one hand, is still not quite clear to many ones, and on the other (and this is the main thing) is not new. Superficial understanding of the BC as a phenomenon with «magical properties» leads to numerous predictions about the possibility of revolutionary transformations based on its application to entire sectors of the economy and, above all, in the credit and financial sphere. In this regard, this article presents a systematized analysis, the history of the BC emergence, leading from the international standards ISO 7498-2 of 1989 and ITU-T X.800 of 1991, as well as a brief informal definition of BC and considered are the basic principles and components of this technology, including cryptographic one-way functions (hashes), transactions, addresses and their retrieval, «digital wallets», ledgers, blocks, blockchain in operations. Representation of the BC as a sequence of blocks bounded base on known mechanisms of the data integrity with using asymmetric cryptography allows us to conclude that only its evolutionary development is possible, although at a rapid pace in real time. This is a characteristic feature of establishing modern stage of and all other IT types. In conclusion, attention is drawn to the need for additional research to assess the security and reliability of the BC in terms of assessing the prospects for its use in specific business applications and critical information infrastructure systems.
Introduction: currently, the whole world is experiencing tremendous changes in connection with the transition to the information society. This work is devoted to the challenges faced by contract law. The aim of this work is to study the theoretical and practical problems of the legal regulation of "smart" contracts. Methods: the methodological framework for the study is the dialectical method of cognition, which assumes the comprehensiveness, objectivity and interconnectedness of the studied phenomena; the general scientific methods of cognition (analysis, synthesis, hypothesis, analogy, etc.); the comparative law and functional methods. As a result of the study, the main problems arising in the legislative regulation of "smart" contracts were grouped. The technical ones include: the problem of describing the conditions in the artificial language, obtaining the data from the real world by the system, the reliability of the input data, the system errors, the speed of transaction processing, the inability to maintain the complete confidentiality of the operations. The legal problems include: the complexity of the contract verification by a lawyer, the lack of control of transactions by the state and tax authorities, the possibility of illegal transactions, the complexity of proving the fact of the contract, the definition of the applicable law, remedies. The legislation of some foreign countries, which is also under development, is analyzed. The analysis of the draft law "On Digital Financial Assets" shows that the document does not satisfy the requests for the legal regulation of the digital economy. In the definition, there is no indication that a "smart" contract is written in the artificial language, the turnover of the crypto currency is significantly limited. It is concluded that a "smart" contract is now rational to use as part of a paper contract for simple transactions with the measurable conditions. The draft law "On Digital Financial Assets" needs the significant improvement to simplify the turnover of digital assets and the development of the institution of "smart" contracts.
The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.
T.V. Shatkovskaya, A. B. Shumilina, Gennady Nebratenko, Ju.I. Isakova · 5 authors
The article is dedicated to investigate the problem of influence of cutting edge digital technology on the virtual and real legal relations, related to the movement and the turnover of intellectual property.Using the method of analyzing modern definitions of blockchain, and relying on the political-economic theory of social redistribution of wealth, authors define the term blockchain and its principles as a technological paradigm.Authors conclude the fact that blockchain can be used to guarantee intellectual property rights and it should be accepted at the national level.As a mechanism of a trusted environment, blockchain allows to reduce transaction costs and increase the level of commercialization of intellectual property.
The key features of the blockchain databases, such as decentralization, distribution, security, and record of the history of all transactions, create significant prospects for their application in the field of cadastre and real estate registration activities, including creation of the global real estate cadastre infrastructure, which will be able to go beyond national legal systems and jurisdictions. The conceptual approach to registration of land plots as spatial objects using blockchain technology is proposed. The land plot should be considered as a combination of smart contracts between landowners, surveyors, appraisers, notaries and other persons. The subject of such contracts will be the description and establishment of spatial (plot boundaries, territorial zones, etc.) and other (property rights and encumbrances, monetary valuation, soil bonitet, etc.) characteristics of land plots. The classification of such smart contracts reliability is also presented.
Cryptocurrencies have been in vogue ever since Bitcoin first appeared in 2008. From that moment on, a new potential market started evolving and is nowadays a daily topic for everyone involved in the financial and monetary markets. Cryptocurrencies presented themselves as a viable alternative to traditional currencies, with a lot of new interesting features, but also several aspects that split the opinions between those who understand it as a great alternative for the future and the more skeptical ones who still question its legality and use. Nowadays, cryptocurrency is one of the most interesting topics in the financial markets due to all the controversy associated, as well as the public acceptance, responsible for the huge prices that these coins have been reaching. In this dissertation, we aim to analyze every aspect concerning cryptocurrencies. With the intention to clarify the most important details about this new market, all these details have been scrutinized, from the several different types of cryptocurrencies and its behavior, to the factors that have an impact in cryptocurrencies prices. Cryptocurrency is still a trendy and unknown subject to many people, and that was the motivation and the main objective of this dissertation, to clarify everyone about this topic before thinking of investing in any of these new cryptocurrencies.
Новая технология и форма управления организацией, ставшие возможными благодаря развитию криптографии, - децентрализованная автономная организация (ДАО). В статье приведено описание архитектуры и эволюции ДАО в рамках теоретико-игровой модели. Проанализированы существующие организации, носящие статус ДАО, и описаны основные регулирующие их механизмы в терминах контрактов. В результате выделены основные проблемные области ДАО. Предложен ряд подходов, в перспективе частично или полностью решающих проблемы развития ДАО. The new technology as well as the new way to manage the organization are available due to the development of cryptography - decentralized autonomous organization (DAO). The article describes the architecture and evolution of DAO within the game-theoretic model. The existing organizations bearing the status of DAO are analyzed and the main regulatory mechanisms in terms of contracts are described. As a result, the main problem areas of DAO are identified. A number of approaches are proposed with these approaches partially or completely solving the problems of DAO development in the long run.
The paper analyzes the specific nature of high-tech systems in IT area in terms of the transition to the digital economy (Digital Economy of the Russian Federation program). The research identifies the characteristics of legal regulation of databases, distributed ledgers, and blockchain technology. The author determines that the legal regime of databases is admissible with regard to the above-mentioned systems. The study reveals the aspects of special sectoral laws and regulations applied to databases in order to introduce distributed ledgers and blockchain technology. The research considers the dual nature of database laws governing blockchain technology in different ways. The author concludes that laws and regulations concerning databases can be implemented to introduce distributed ledgers and blockchain technology considering their specific legal nature for particular legal relations.
Nowadays, Blockchain Technology and Cryptocurrency have gained the attention of world media, both technological and business sectors. This study assessed the importance of implementing Cryptocurrency project in Ethiopia by collecting empirical data. "Cryptocurrency is a digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank "(Cambridge Dictionary, 1995). Cryptocurrency uses the technology called Blockchain, Blockchain is a shared ledger or a continually updated list of transaction. This ledger keeps every transaction that has ever happened in a completely decentralized form and distributed among users. Because of that, third parties such as (Bank and central bank etc.) who were traditionally in charge of the ledger are no longer needed. The technology is huge, and it has applications not only in currency but in other industries such as land registration, voting and smart contracts. This study employed a case study which is used to "provide quantitative or numerical description of trends, attitudes and opinions of participants, hence participants were selected based on their knowledge and experience of the technology. The source of data were both primarily and secondary, such as, published or unpublished and public or private documents. The collected Cross-sectional data were organized and analyzed through descriptive data analysis technique so that the research can come to a conclusion and derive important information. The research finding shows the important role of Cryptocurrency and its backbone Blockchain technology to minimize the current Ethiopia's foreign currency problems and to further help the country meet its millennial development goals.
The study deals with the legal nature of the institution of cryptocurrency in the worldwide practice. It examines the legal regulation of the turnover of cryptocurrency in foreign countries. Cryptocurrency is considered as a means of payment, property, and asset. The author identifies the following approach-es of the states to the legal regulation of this eco-nomic and legal phenomenon: 1) the legislation of countries is neutral toward this phenomenon and does not regulate it; 2) the new legislation that is adopted regulates the turnover of cryptocurrency and promotes its development; 3) the scope under review is regulated within the traditional legal institutions; 4) there is a ban on the use of cryptocurren-cy in the civil and financial field. The author investigates the possible effects of the formal approval to carry out digital currency transactions. The case studies for declaring cryptocurrency exchanges bankruptcy are discussed.
The paper is devoted to the analysis of issues of regulation of use of cryptocurrency in the Russian Federation and offers the possible measures to solve them. The conclusion is made that the ideal desired result would be the creation of such a controlled financial and economic mechanism based on blockchain technology that would become more attractive for its potential participants than the "usual" cryptocurrencies and smart contract systems. Key words: cryptocurrency, legal regulation, financial system, transactions, financial risks, financial mechanism.
The article discusses the retrospective of cryptocurrencies, theoretical understanding of the digital currency, its value and essence. The tendencies and prospects of cryptocurrencies development. The article focuses on the lack of a legal framework regulating relations in the field of "mining" and circulation of cryptocurrencies. Keywords: cryptocurrency; digital currencies; bitcoin; electronic money; mining; cryptographic methods of information protection.
A. Goriacheva, N. Jakubenko, O. Pogodina, Dmitry S. Silnov
This article is devoted to the exploration of services of anonymizing transactions, based on the Mixer, CoinJoin and CoinSuffle technologies, as well as to the description of the core principles of operation of these technologies and technical details. It analyzes the advantages and disadvantages of different realizations of this service. It formulates the problem of cryptocurrency laundering through anonymization services and offers solutions to this problem.Keywords: cryptocurrency, blockchain, bitcoin, mixing service, mining, money laundering.
In the Internet economy, with the help of cryptography, a branch of mathematics dealing with the security of information, as well as authentication and restriction of access to a computer system, a new digital coin as an alternative to national currencies appeared. In accomplishing this, using both mathematical methods (taking advantage of, for example, the difficulty of factorizing very large numbers), and quantum encryption methods. Throughout the world, information technology companies are focusing on information protection, inventing day-to-day methods with greater durability. In the horizon of Information Security, Quantum Cryptography has emerged, generating new possibilities in that field, hoping that data will be better protected and that the digital currency will resist over time and eventually evolve in the future, although Kurzweil, Bitcoin's pioneering technology is unlikely to be used in this respect. The idea of virtual alternatives to national currencies is not new, with advantages and disadvantages. The advantages of this coin are high payment freedom, transparency of information, high security, reduced risks for traders. Among the disadvantages we highlight the risk and volatility, the lack of notification and understanding, with incomplete functions, but which are developing, so Bitcoin is not perfect.
The paper proves the validity of studying cryptocurrency as a cultural phenomenon. According to the Fundamentals of State Cultural Policy, culture is a resource of the social and economic development of the country, therefore, examining the economic aspects of the society is of great importance to cultural scientists. The possibility of dealing with cryptocurrency as a cultural element is confirmed by the following statements. Cryptocurrency refers to the economic culture of a society. The cryptocurrency impact is covered in mass media which constitute the cultural institution. In addition, cryptocurrency is consolidated in culture through the specialized exhibitions supported by public cultural agencies. The paper defines the promising trends in researches identifying the capacity of the virtual reality in the field of cultural patterns development. The authors note that studying cryptocurrency as a part of virtual reality will allow one to determine the mechanisms, borders, and technologies of this type of reality.
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The paper discusses cryptocurrencies both in terms of their applicability to everyday financial transactions as well as in terms of criminogenic factors. The Authors will present practical ways to settle in virtual currency, institutions in which bitcoin payments can be made and the possibility of converting them into traditional currencies. Also factors conducive to combine cryptocurrencies with the criminal world, such as the anonymity of both the Internet and cryptocurrencies will be analysed. In addition, the paper presents the real impact of cryptocurrencies on the increase in crime worldwide, both related to financing of terrorism and in connection with taxation of income. The data and conclusions contained in this study are a contribution to the discussion on the sense of investing in cryptocurrencies, and above all on the opportunities and threats that entail the widespread introduction of this method of payment.
The article analyzes the current state of digital economy and crypto currency. It also attempts to outline the main development directions of the Russian legislation on legal regulation of digital currency usage on the basis of current national legislation and foreign experience. Significant attention is given to digital economic concept, its main paths, development of legal framework for digitalization of economic processes. The article includes a review of modern scientific publications on questions under investigation and highlights the necessity of the complex approach both to the analysis of phenomena under study and to their legal regulation. It is also shown that crypto currency circulation is ambiguous and multifaceted and it has both financial advantages and criminological threat. Special consideration is given to the provisions of the draft law on “Digital Financial Assets”, the first project dedicated to the regulation of relations arising in the creation, release, storage and circulation of digital financial assets, which contains key definitions for the legal regulation of cryptocurrencies and transactions with them in the Russian Federation.