Prosecutor's Office of Moscow Region, Madina M. Dolgieva
ПРОТИВОДЕЙСТВИЕ ЛЕГАЛИЗАЦИИ ПРЕСТУПНЫХ ДОХОДОВ ПРИ ИСПОЛЬЗОВАНИИ КРИПТОВАЛЮТЫРассматриваются рекомендации Группы по разработке финансовых мер борьбы с отмыванием денег и финансированием терроризма, которая с 2018 г. приступила к разработке обязательных правил регулирования криптовалютных бирж и обменников.На основе исследованных рекомендаций обосновывается вывод о необходимости включения в уголовный закон нормы об ответственности за неправомерный оборот криптовалюты, вследствие чего нормы
Carla Fabela Reyes, Nelson Maria Rosário, Rachel Cannon, Richard Tall
The most disruptive technology to emerge in the past decade, blockchain technology has had an immediate impact on the legal industry to address the new issues that blockchain, cryptocurrencies, and distributed ledger technologies present. This panel provides an overview of blockchain technology, including current and potential applications, and discusses how blockchain intersects with various sectors of the law. The panelists define this new technology, identify potential legal challenges ahead, and explain how new and seasoned attorneys can engage in this emerging area.
The present chapter will look at the possible application of smart contracts in the intellectual property arena in general, but it will specifically discuss mostly copyright solutions, although a few uses apply to different areas of protection. This presents a few challenges, at the time of writing many of the proposals that will be discussed have not yet been implemented, or are in a prototype level, and as such we may have to assume their viability based on nothing other than a few examples that have not been fully tested. Similarly, legal discussions about the blockchain and smart contracts tend to be surrounded by considerable hype, often fuelled by commercial interests, and it is often difficult to separate facts from sales pitches. This is why this work will try to take a more sceptical approach to the phenomenon.
Chapter 15 derives some general features of smart contracts by examining the technological approach for these contracts proposed by Ethereum and Solidity language. It relies on the concept of ‘interfaces’ to designate the relationships between the computer code of a smart contract and other external elements. According to this chapter, these interfaces are the exact locations of the legal connections between a specific piece of software and the real world. In particular, it argues that the smart contract environment is not a ‘lawyer-free environment’ due to the fact that smart contracts would necessarily interfere with real world persons or institutions that would by the nature of our societies lead to legal issues.
The technology that makes smart contracts possible was developed with a view to enabling transactions to be made end-to-end without the intervention of third parties, intermediaries, adjudicators or courts. In this sense, it achieves in principle complete freedom of interaction. Whether this is the same thing as freedom of contract, however, remains to be seen. It is not yet clear, for example, which smart contracts will be legally enforceable, either because the parties do not want them to be, and/or because the courts do not recognise them as being so. What seems inevitable at this stage in the development of smart contract technology is that conventional contract law in its current form is unlikely to be the most effective way of adjudicating smart contract disputes. One reason for this is that securing performance will be far less of a problem under smart contracts than it is in relation to conventional contracts: the automated nature of the former means that actions are far more likely to be executed than those promised in the traditional way, albeit that their results might not accord with the parties’ expectations. Any issues are therefore far more likely to arise (or at least to be brought to a court’s attention) after a transaction has occurred. Automated execution means that parties are free to determine the contents of their agreements, and that machines will abide by those agreed instructions. The way in which smart contracts operate, therefore, means that any adjudication of them is likely to need to emphasise restorative rather than enforcement remedies. The extent to which the law chooses to do this will effectively determine how free smart technology users are to make legally recognised contracts.
This study investigates the role and functionality of special nucleotide sequences (DNA signatures) to detect the presence of an organism and to distinguish it from all others. After highlighting vulnerabilities of the prevalent DNA signature paradigm for the identification of agricultural genetically modified (GM) organisms it will be argued that these so-called signatures really are no signatures at all - when compared to the notion of traditional (handwritten) signatures and their generalizations in the modern (digital) world. It is suggested that a recent contamination event of an unauthorized GM Bacillus subtilis strain (Paracchini et al. (2017)) in Europe could have been - or the same way could be - the consequence of exploiting gaps of prevailing DNA signatures. Moreover, a recent study (Mueller (2019)) proposes that such DNA signatures may intentionally be exploited to support the counterfeiting or even weaponization of GM organisms (GMOs). These concerns mandate a re-conceptualization of how DNA signatures need to be realized. After identifying central issues of the new vulnerabilities and overlying them with practical challenges that bio-cyber hackers would be facing, recommendations are made how DNA signatures may be enhanced. To overcome the core problem of signature transferability in bioengineered mediums, it is necessary that the identifier needs to remain secret during the entire verification process. On the other hand, however, the goal of DNA signatures is to enable public verifiability, leading to a paradoxical dilemma. It is shown that this can be addressed with ideas that underlie special cryptographic signatures, in particular those of ‘zero-knowledge’ and ‘invisibility.’ This means more than mere signature hiding, but relies on a knowledge-based proof and differentiation of a secret (here, as assigned to specific clones) which can be realized without explicit demonstration of that secret. A reconceptualization of these principles can be used in form of a combined (digital and physical) method to establish confidentiality and prevent un-impersonation of the manufacturer. As a result, this helps mitigate the circulation of possibly hazardous GMO counterfeits and also addresses the situation whereby attackers try to blame producers for deliberately implanting illicit adulterations hidden within authorized GMOs.
This Article outlines a blockchain based system to solve the orphan works problem. Orphan works are works still ostensibly protected by copyright for which an author cannot be found. Orphan works represent a significant problem for the efficient dissemination of knowledge, since users cannot license the works, and as a result may choose not to use them. Our proposal uses a blockchain to register attempts to find the authors of orphan works, and otherwise to facilitate use of those works. There are three elements to our proposal. First, we propose a number of mechanisms, included automated systems, to perform a diligent search for a rights holder. Second, we propose a blockchain register where every search for a work’s owner can be recorded. Third, we propose a legal mechanism that delivers works into orphanhood, and affords a right to use those works after a search for a rights holder is deemed diligent. These changes would provide any user of an orphan work with an assurance that they were acting legally as long as they had consulted the register and/or performed a diligent search for the work’s owner. The Article demonstrates a range of complementary legal and technological architectures that, in various formations, can be deployed to address the orphan works problem. We show that these technological systems are useful for enhancement of the public domain more generally, through the existence of a growing registry of gray status works and clarified conditions for their use. The selection and design of any particular implementation is a choice for policy makers and technologists. Rather than specify how that choice should look, the goal here is to demonstrate the utility of the technology and to clarify and promote its role in reforming this vexed area of law.
The author examines the features of the use of smart contracts in transactions in virtual property, taking into account the fact that the smart contract is a way of fulfilling those obligations in which the transfer of property provision takes place in the virtual world with the help of appropriate technical means. It should be recognized that the list of virtual property is open, at the moment it includes, for example, cryptocurrency, domain names, «game property», virtual tokens. The question of the legal nature of objects related to virtual property is relevant: are they a new independent type of property requiring special legal regimes, or are they a form of known property rights? The paper also notes that smart contracts differ in both vulnerabilities in computer code and insufficiently effective legal regulation. Smart contract, in the opinion of the author, is a kind of written (electronic) form of a contract, the peculiarity of which is that the will of the subject is expressed by means of special technical means in the form of program code. In this case, the will to conclude the contract simultaneously means the will to its execution upon the occurrence of certain conditions of the contract circumstances. In conclusion, the author shows that the automation of performance of obligations in particular and the digitization of contract law in general should not create obstacles to the implementation of the fundamental principles of good faith and contractual justice, to assess the proportionality of the distribution of rights and obligations of the parties, the equivalence of their property.
This chapter identifies and illuminates the feasible regulatory space to help understand how smart contracts for ODR platforms can possibly be regulated and embedded within current law systems. The chapter first defines smart contracts and explains their relationship to blockchain. It presents their capabilities and limitations and how they are different from conventional, more centralized approaches, thereby highlighting a unique contribution that is of great help for future ODR platforms: the enforced transparency of the dispute process. Based on this technical analysis, the chapter proposes an approach how smart contracts can be useful in ODR platforms as they are used today, such as the EU ODR platform, by outlining the principles applying to arbitrators and definitions of access control, e.g., the need for access for state actors. The chapter presents possible approaches to apply smart contracts to standardize the procedures of lodging cases on a large scale and handling disputes in an efficient manner. The proposals are based on lessons learnt in the last few years in the development of smart contracts on the Ethereum blockchain, currently the only major blockchain that supports smart contracts. The chapter concludes with an analysis of implications for future regulation and legal compliance.
Michael Fröwis, Thilo Gottschalk, Bernhard Haslhofer, Christian Rückert · 5 authors
Analyzing cryptocurrency payment flows has become a key forensic method in\nlaw enforcement and is nowadays used to investigate a wide spectrum of criminal\nactivities. However, despite its widespread adoption, the evidential value of\nobtained findings in court is still largely unclear. In this paper, we focus on\nthe key ingredients of modern cryptocurrency analytics techniques, which are\nclustering heuristics and attribution tags. We identify internationally\naccepted standards and rules for substantiating suspicions and providing\nevidence in court and project them onto current cryptocurrency forensics\npractices. By providing an empirical analysis of CoinJoin transactions, we\nillustrate possible sources of misinterpretation in algorithmic clustering\nheuristics. Eventually, we derive a set of legal key requirements and translate\nthem into a technical data sharing framework that fosters compliance with\nexisting legal and technical standards in the realm of cryptocurrency\nforensics. Integrating the proposed framework in modern cryptocurrency\nanalytics tools could allow more efficient and effective investigations, while\nsafeguarding the evidential value of the analysis and the fundamental rights of\naffected persons.\n
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 (“ODR”) 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 “Singapore Convention”) and the UNCITRAL Model Law on International Commercial Mediation (the “UNCITRAL Model Mediation Law”), 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 makers’ and users’ 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 “MSME”). 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 Salmerón-Manzano, Francisco Manzano‐Agugliaro
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 trends—e-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 (“dApps”) 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.
Explicit legal regulation is still lacking in many countries for cryptocurrencies like Bitcoin, Ripple, Ethereum, and others. This is not unusual for a new technology. On top of such cryptocurrencies, another new technology, so-called smart contracts, has been established. Smart contracts are specialized computer code with the aim to automate the exchange of (digital) assets. In decentralized applications (Ðapps), parts of the business logic and the data storage of traditional web applications are replaced with smart contracts. They are credited with considerable potential for commercial use, especially in FinTech but also beyond. Smart contracts mostly lack explicit legal regulation as well. Hitherto there is little experience in applying current law to them. Building a business on uncertain terrain is at least risky. We seek a clarification of smart contracts in the legal context, especially against the background of the Civil Code.
Rohith P. George, Brad L. Peterson, Oliver Yaros, David L. Beam · 6 authors
Purpose To introduce blockchain in simple terms for business lawyers to be able to spot the right issues and ask the right questions. Design/methodology/approach This article provides an overview of blockchain, identifies two example use cases, and highlights some of the most pressing legal issues, including issues to address in on-chain programming, off-chain agreements and other issues when determining whether to implement a blockchain solution. Findings This article concludes that there has been a significant growth in investment and interest in blockchain. Numerous companies across different sectors have developed blockchain proof-of-concepts, with some heading towards production deployments. At this point, commercial blockchain is largely in the pilot or proof-of-concept stage across a wide range of use cases, with payments and supply chain being two of the most promising use cases. This article also identifies possible legal issues associated with blockchain. Practical implications Despite the growing interest in blockchain, it is still a novel topic to many business lawyers. It is very important that lawyers are able to identify the right issues and ask the right questions. Originality/value Practical guidance from experienced lawyers in the Technology Transactions and Financial Services Regulatory & Enforcement practices.
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.
Esta obra es fruto del esfuerzo de varios profesores de Derecho de la Universidad Autonoma de Barcelona interesados en analizar las incidencias juridicas de la aplicacion de sistemas de inteligencia artificial en el Derecho de autor. Se divide en tres partes que abordan areas de actual interes en relacion con los derechos de los autores.
La Parte I esta dedicada al estudio de la -creatividad computacional- y a la aplicacion de la -realidad aumentada- en el mundo del arte. Respecto de la primera, se analizan cuestiones como la -originalidad-, cuando el -autor- es un sistema de inteligencia artificial, viendo quien debe ser el titular de las facultades de explotacion economica de la -obra- de este modo -producida- o -creada-. En este punto, son sugerentes las aportaciones de la Dra. Susana Navas (catedratica de Derecho civil) y de la Dra. Marina Castells (investigadora postdoc) en torno a la cocreacion humano-robot. En relacion con el segundo ambito mencionado realidad aumentada y arte nos enfrentamos a su configuracion como -obra multimedia-, asunto estudiado por la Profesora Navas.
En la Parte II se analiza la -proteccion del derecho de autor-, abordandose el aspecto concerniente a las medidas tecnologicas de proteccion y a la automatizacion de la cesion de facultades de explotacion economica mediante la tecnologia blockchain, Ethereum y otras mas avanzadas. De la pluma del Prof. Carlos Gorriz (titular de Derecho mercantil) se presenta el primer extremo, con especial atencion a las normas y documentos europeos en la materia. De la del Dr. Santiago Robert (profesor asociado de Derecho civil) es la contribucion acerca de la cesion de facultades de explotacion mediante los denominados smart legal contracts, sobre la base de ya referida tecnologia.
En la ultima parte, la Parte III, se exponen aplicaciones tecnologicas concretas que afectan a los derechos de los autores. Cuatro son los temas tratados. El primero se refiere al Big Data y su relacion con las nuevas desestructuradas bases de datos como acicate para reformular el derecho sui generis del fabricante. En este interesante aspecto se entretiene Ramon Romeu (profesor asociado de Derecho civil). El segundo tema objeto de interes, de la mano de la Prof. Sandra Camacho (profesora agregada de Derecho civil), es la biblioteca digital, contribucion en la que la autora hace aplicacion del principio de equivalencia funcional entre la biblioteca fisica o analogica y la digital-virtual. Seguidamente, el tercer foco contribucion escrita por Cristina Alonso (profesora asociada de Derecho civil) es el libro electronico, donde se reflexiona acerca del concepto mismo de libro. El ultimo tema tratado son los contenidos de acceso abierto, como manifestacion de una -ciencia abierta a todos-, que escribe Ivan Mateo (profesor asociado de Derecho civil).