scholarly journals Blockchain technology as a regulatory technology: From code is law to law is code

First Monday ◽  
2016 ◽  
Author(s):  
Primavera De Filippi ◽  
Samer Hassan
Keyword(s):  
Digital Technology ◽  
Computer Code ◽  
The Internet ◽  
Smart Contracts ◽  
Legal Rules ◽  
Legal Code ◽  
Traditional Notion ◽  
Blockchain Technology ◽  
Smart Contract ◽  
Internet Users

“Code is law” refers to the idea that, with the advent of digital technology, code has progressively established itself as the predominant way to regulate the behavior of Internet users. Yet, while computer code can enforce rules more efficiently than legal code, it also comes with a series of limitations, mostly because it is difficult to transpose the ambiguity and flexibility of legal rules into a formalized language which can be interpreted by a machine. With the advent of blockchain technology and associated smart contracts, code is assuming an even stronger role in regulating people’s interactions over the Internet, as many contractual transactions get transposed into smart contract code. In this paper, we describe the shift from the traditional notion of “code is law” (i.e., code having the effect of law) to the new conception of “law is code” (i.e., law being defined as code).

Regulating smart contracts: An efficient integration approach

2021 ◽  
Vol 15 (3) ◽  
pp. 397-404
Author(s):  
Alireza Alikhani ◽  
Hamid Reza Hamidi
Keyword(s):  
Smart Contracts ◽  
Legal Rules ◽  
Blockchain Technology ◽  
Distributed Ledger ◽  
Smart Contract ◽  
Integration Approach ◽  
Efficient Integration ◽  
Legal Costs ◽  
Software Code ◽  
Illegal Activities

A smart contract is a digital protocol (software code) that enables automated monitoring and executing contract’s provisions without the need for intermediaries. Blockchain technology allows implementing smart contracts through a distributed ledger, but has no reliable way of enforcing legal rules. For example, in networks such as Bitcoin, it is possible to engage in illegal activities such as money laundering and dealing in weapons. In addition, it is impossible to enforce and audit legal costs such as taxes and duties. This research has devised a plan that allows official institutions to enforce the rules and audits efficiently during automatic execution process of smart contracts. This article discusses five important challenges in applying legal rules to Blockchain: the accreditation to the contracting parties’ and the goods’ nature, collecting legal costs, enforcing territorial laws and auditing. We present “Hyper Smart Contract”, a method for regulating Blockchain-based smart contracts and assess the limitations of the current generation of smart contracts on Ethereum to ensure a proper implementation of this plan. The performance of proposed method evaluated on a motivation application.

scholarly journals Blockchain-Based Application for Certification Management

2020 ◽  
Vol 14 (4) ◽  
pp. 488-492
Author(s):  
Jovan Karamachoski ◽  
Ninoslav Marina ◽  
Pavel Taskov
Keyword(s):  
Supply Chain ◽  
Business Models ◽  
Human Factor ◽  
Computer Code ◽  
Chain Management ◽  
Practical Applications ◽  
Sustainable Technologies ◽  
Blockchain Technology ◽  
Smart Contract ◽  
Crucial Part

Blockchain technology will bring a disruption in plenty of industries and businesses. Recently it proved the robustness, immutability, auditability, in many crucial practical applications. The blockchain structure offers traceability of actions, alterations, alerts, which is an important property of a system needed for development of sustainable technologies. A crucial part of the blockchain technology regarding the optimization of the processes is the smart contract. It is a self-executable computer code, open and transparent, encoding the terms of a regular contract. It is able to automate the processes, thus decreasing the human-factor mistakes or counterfeits. In this paper, we are presenting the feasibility of the blockchain technology in the certification processes, with an application developed for university diploma certification. The example is easily transferable in other areas and business models such as logistics, supply chain management, or other segments where certification is essential.

A Study of Use Cases for Smart Contracts Using Blockchain Technology

2021 ◽  
pp. 1823-1844
Author(s):  
S R Mani Sekhar ◽  
Siddesh G M ◽  
Swapnil Kalra ◽  
Shaswat Anand
Keyword(s):  
Natural Disaster ◽  
Vital Role ◽  
Use Cases ◽  
Use Case ◽  
Smart Contracts ◽  
Digital Identity ◽  
Blockchain Technology ◽  
Smart Contract ◽  
Healthcare Finance ◽  
Natural Disaster Management

Blockchain technology is an emerging and rapidly growing technology in the current world scenario. It is a collection of records connected through cryptography. They play a vital role in smart contracts. Smart contracts are present in blockchains which are self-controlled and trustable. It can be integrated across various domains like healthcare, finance, self-sovereign identity, governance, logistics management and home care, etc. The purpose of this article is to analyze the various use cases of smart contracts in different domains and come up with a model which may be used in the future. Subsequently, a detailed description of a smart contract and blockchain is provided. Next, different case-studies related to five different domains is discussed with the help of use case diagrams. Finally, a solution for natural disaster management has been proposed by integrating smart contract, digital identity, policies and blockchain technologies, which can be used effectively for providing relief to victims during times of natural disaster.

scholarly journals Blockchain’s future: can the decentralized blockchain community succeed in creating standards?

2020 ◽  
Vol 35 ◽  
Author(s):  
John Flood ◽  
Adrian McCullagh
Keyword(s):  
Alternative Methods ◽  
The Internet ◽  
Smart Contracts ◽  
Internal Conflicts ◽  
Blockchain Technology ◽  
The Way

Abstract Nakamoto proposed a new solution to transact value via the internet. And since 2009, blockchain technology has expanded and diversified. It has, however, proven to be inefficient in the way it achieves its outcomes, especially through the proof of work protocol. Other developers are promoting alternative methods but, as yet, none has superseded proof of work. The competing protocols illuminate a key feature of the blockchain community, namely, its inability to create consensus in a decentralized community. Because of this lack of consensus, the formation of standards is particularly difficult to achieve. At best standards are contested sites, and we examine three such sites where some form of agreement over standards will be essential if blockchain is to evolve successfully. These three sites are blockchain governance, smart contracts, and interoperability of blockchains. We argue that because standards’ formation is a contested and contingent process, the blockchain community will persist in creating difficulties and barriers for itself until it is able to resolve internal conflicts.

scholarly journals Smart Contract: The Concept, Legal Nature, Features of Conclusion and Execution

Legal Concept ◽  
2019 ◽  
pp. 54-60
Author(s):  
Nizami Safarli
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Smart Contracts ◽  
Advantages And Disadvantages ◽  
Blockchain Technology ◽  
Smart Contract ◽  
Legal Nature ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Statutory Regulation

Introduction: the paper is devoted to a new phenomenon in business activity in the conditions of IT development that contribute to the creation of secure contractual relations on the Internet on the basis of transactions executed through smart contracts. The author notes that the need for amendments that could fill the loopholes in the current legislation is obvious. And, first of all, it concerns Blockchain technology – the algorithm that mediates the safe development, conclusion and execution of smart contracts. Blockchain technology is considered in the paper as one of the safest means for concluding and executing smart contracts. The author argues that the study of the concept, legal nature and essence of smart contracts is relevant in the light of spreading their share in the total array of transactions in the world economy in conjunction with the changing domestic legislation governing the relevant sphere, as well as the international integration processes affecting the intensification of foreign economic activity of the Russian Federation. The smart contract concepts formulated by the Russian legislator in the process of upgrading the array of statutory regulation under conditions of economy digitalization are studied and compared. The features of conclusion and protection of the smart contract in the civil legislation of the Russian Federation are analyzed. In order to fully articulate the concept of the smart contract, reflecting its essence, functional purpose and legal nature, it is proposed to create a special law that would focus on the conclusion and implementation of “the smart contract” and the specification of the general norms of the civil code. At the same time, the norms of other special laws would supplement and correct the provisions fixed by this act depending on the sphere of managing and the legal regulation branch. The concept of the smart contract is formulated; its value for economic and contractual activity, and also the advantages and disadvantages of its application are established. The possible classifications of smart contracts are given.

scholarly journals Introduction to Blockchain and Cryptocurrenncy

2020 ◽  
Author(s):  
Vidhi Pitroda ◽  
Vraj Shah ◽  
Jinan Fiaidhi
Keyword(s):  
Peer To Peer ◽  
Research Topic ◽  
Smart Contracts ◽  
Blockchain Technology ◽  
Smart Contract ◽  
High Security

In recent years blockchain technology has become mainstream research topic because of its decentralized, peer to peer transaction and anonymity properties. There are several applications of blockchain which are secure and easy as compare to the current techniques. One of the applications is a smart contract. Smart contracts are lines of code which are stored on a blockchain and automatically executed when the conditions defined by the it (developer) are met. This smart contract with the addition of blockchain technology can do task fast and with high security. In this paper we have developed a smart contract for a generalized notary application on solidity, Ethereum and the application is tested using the truffle suite. Furthermore, applications and their methodology for notary applications are also mentioned.

scholarly journals Blockchain Smart Contract Meta-modeling

2021 ◽  
Author(s):  
Nicolás Sánchez-Gómez ◽  
Jesus Torres-Valderrama ◽  
Manuel MEJÍAS RISOTO ◽  
Alejandra GARRIDO
Keyword(s):  
Smart Contracts ◽  
Meta Model ◽  
Business Environments ◽  
Blockchain Technology ◽  
Collaborative Processes ◽  
Requirements Specifications ◽  
Smart Contract ◽  
Meta Modeling ◽  
Software Engineers ◽  
Future Work

One of the key benefits of blockchain technology is its ability to keep a permanent, unalterable record of transactions. In business environments, where companies interact with each other without a centralized authority to ensure trust between them, this has led to blockchain platforms and smart contracts being proposed as a means of implementing trustworthy collaborative processes. Software engineers must deal with them to ensure the quality of smart contracts in all phases of the smart contract lifecycle, from requirements specifications to design and deployment. This broad scope and criticality of smart contracts in business environments means that they have to be expressed in a language that is intuitive, easy-to-use, independent of the blockchain platform employed, and oriented towards software quality assurance. In this paper we present a key component: a first outline of a UML-based smart contract meta-model that would allow us to achieve these objectives. This meta-model will be enriched in future work to represent blockchain environments and automated testing.

scholarly journals Regulation of the Smart Contract in (Romanian) Civil Law

2021 ◽  
Vol 8 (2) ◽  
pp. 95-111
Author(s):  
Raluca Onufreiciuc ◽  
Lorena-Elena Stănescu
Keyword(s):  
Civil Law ◽  
Computer Code ◽  
Computer Programs ◽  
Legal Regulation ◽  
Contract Law ◽  
Use Case ◽  
Smart Contracts ◽  
Crucial Question ◽  
Smart Contract ◽  
The Subject

The research aims to organize, examine, and analyze the provisions on smart contracts available in Romanian civil law. “Smart contracts” are not smart, and are not necessarily contracts, although they can be. As self-executing computer programs, smart contracts are operational on the blockchain and unlike traditional legal contracts, once the agreement has been concluded and the smart contract is set in motion, no party can intervene and it will be executed without interruption, modification, or breach. The crucial question in the final contract law topic is what happens when the smart contract's outcomes deviate from those required by law. To answer this issue, we must first understand that whether a smart contract becomes legally enforceable is determined by several circumstances, together with the unique use case, the type of smart contract employed, and the existing legislation. The paper addresses the subject of determining and regulating smart contracts under Romanian current laws. Particular emphasis is placed on two ambiguous definitions of smart contracts: as computer code and as a civil-law contract. The authors conclude that the concept of smart contracts requires more legal regulation, particularly in terms of managing their meaning and comprehension.

A Topography of Data Commons: From Regulation to Private Dynamism

2021 ◽  
Author(s):  
Andrea Ottolia ◽  
Cristiana Sappa
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property Rights ◽  
Digital Technology ◽  
The Internet ◽  
Legal Rules ◽  
Additional Information ◽  
Processing Techniques ◽  
The Internet Of Things ◽  
Data Commons ◽  
Ipr Protection

Abstract Knowledge is subject to enclosure through digital technology and legal rules. Data collected, stored and pooled by the Internet of Things (IoT) or Artificial Intelligence (AI) are no exception to this. Operators acting in the markets related to the algorithmic society may have a quite diversified range of intellectual property rights (IPRs) to protect the information they produce and manage. This is exploited through algorithmic processing techniques, aggregating collected data for the generation of new ones, thus creating additional information and knowledge. This paper studies whether and when data, information and knowledge, presented within the Big Data, IoT and AI structures, may be considered and exploited as commons. The analysis is not aimed at stating that commons should be the general solution for the algorithmic society. Nor does it endorse legal interpretations unilaterally favoring openness and limiting IPR protection and privacy rules (though this could be the case under certain circumstances). The question is to establish whether a certain level of commons should be provided by regulation or left to spontaneous private initiatives. In this regard, two different meanings of data commons are used in this work. The first one refers to the open access systems provided by regulation, equivalent to a public domain protection, and opposed to exclusivity mechanisms. The second refers to data commons which are privately ‘constructed’ on top of background regulation and manage resources for a limited set of claimants.

Wrapped and Stacked: ‘Smart Contracts’ and the Interaction of Natural and Formal Language

2018 ◽  
Vol 14 (4) ◽  
pp. 307-343 ◽  
Author(s):  
J.G. Allen
Keyword(s):  
Speech Acts ◽  
Formal Language ◽  
Contract Law ◽  
Complex Nature ◽  
Smart Contracts ◽  
Human Beings ◽  
Legal Rules ◽  
Contract Formation ◽  
Smart Contract ◽  
Legal Entities

Abstract This article explores ‘smart contracts’ from first principles: What they are, whether they are properly called ‘contracts’, and what issues they raise for national contract law. A ‘smart’ contract purports to record contractual promises in language which is both intelligible to human beings and (ultimately) executable by machines. The formalisation of contracting language that this entails is, I argue, the most important aspect for lawyers—just as important as the automation of contractual performance. Rather than taking a doctrinal approach focused on the presence of traditional indicia of contract formation, I examine the nature of contracts as legal entities created by words and documents. In most cases, smart contracts will be ‘wrapped in paper’ and nested in a national legal system. Borrowing from the idiom of computer science, I introduce the term ‘contract stack’ to highlight the complex nature of contracts as legal entities incorporating different ‘layers’, including speech acts by the parties in both natural and formal languages as well as mandatory legal rules. It is the interactions within this contract stack that will be most important to the development of contract law doctrines appropriate to smart contracts. To illustrate my points, I explore a few issues that smart contracts might raise for English contract law. I touch on the questions of illegality, jurisdiction, and evidence, but my focus in this paper is on exploring issues in contract law proper. This contribution should be helpful not only to lawyers attempting to understand smart contracts, but to those involved in coding smart contracts—and writing the languages used to code them.

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