A contribution to the analysis of the legal status of cryptocurrencies

Andrea Monti, A contribution to the analysis of the legal status of cryptocurrencies, in “Ragion pratica, Rivista semestrale” 2/2018, pp. 361-378, doi: 10.1415/91544

This paper advocates that cryptocurrencies such as Bitcoin or Ethereum don’t challenge the current legal system, since they fit comfortably enough into the immaterial asset legal definition. As such, while a blockchain-based cryptocurrency can’t be considered as legal tender or electronic money, it can be exchanged on a contractual basis as it happens with every other kind of good. As per the alleged crime-supporting role of cryptocurrencies by way of the anonymity of the blockchain transactions, this article demonstrates that the anonymity granted herein is not absolute. Therefore it is not correct to claim that this technology has been built, by design, to foster illegal behaviour. This is an important finding because, in the opposite case, there would have been room to affirm the impossibility to use a cryptocurrency as part of an agreement because of its intrinsic illegal nature.
Keywords: Legal Tender; Private Money; Electronic Money; Asymmetric Encryption; Blockchain Forensic; Cryptocurrencies.

An Australian Bill makes mandatory for IT companies to crack users’ encrypted messages

The Australian Parliament recently passed the ? Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 that might have a disruptive effect on the whole IT business, by forcing companies into designing unsecure hardware and software and weakening users’ confidence. Continue reading “An Australian Bill makes mandatory for IT companies to crack users’ encrypted messages”

India’s Supreme Court, Gay Rights and Privacy. Maybe Something’s Wrong Out There…

Last August, the Supreme Court of India issued a landmark decision on privacy as a fundamental right, opposing the view that privacy has not a Constitutional stand:

the submission that privacy is only a right at common law misses the wood for the trees. The central theme is that privacy is an intrinsic part of life, personal liberty and of the freedoms guaranteed by Part III which entitles it to protection as a core of constitutional doctrine. The protection of privacy by the Constitution liberates it, as it were, from the uncertainties of statutory law which, as we have noted, is subject to the range of legislative annulments open to a majoritarian government. 1.

Continue reading “India’s Supreme Court, Gay Rights and Privacy. Maybe Something’s Wrong Out There…”

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