Crimes inside the unregulated blockchain networks: qualification problems
- Autores: Vladimir Troitskiy
- Localización: Cybercrime: new threats, new responses: Actas del XVº Congreso Internacional Internet, Derecho y Política. Universitat Oberta de Catalunya, Barcelona, 1-2 de julio de 2020, 2020, ISBN 978-84-17580-15-5, págs. 210-220
- Idioma: inglés
- Texto completo no disponible (Saber más ...)
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Resumen
While wide competition between the blockchain and the law as two tools of global human behavior regulator sounds like a Sci-Fi plot, implications of blockchain behavior regulation yet smaller by size but the same sort by nature are popping up constantly. An unregulated distributed ledger network is a social phenomenon. What is inside the DAO is not always covered by conventional law and instead is regulated by code and managed through a consensus mechanism. Meanwhile, elements of the DAO's inner social structure are similar to that of the conventional world. There are assets, legal facts and acts, there is the behavior of DAO members, which potentially can violate rules of code, and it can also violate rules of conventional law: civil or criminal. In course of further development that may lead to a “reality split”, meaning the existence of some facts and acts important to individuals but existing only in the DAO realm. In order to cover blockchain unregulated network inner world by national jurisdictions, governments and technology developers are to find the solutionto the information asymmetry problem and establish law enforcement mechanisms. This article will examine possible ways of legal qualification for criminal behavior inside the DAO and approach the problem of proving DAO facts in criminal and civil court procedure.
