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Patrick Dahm – That German-Singapore Lawyer

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Tag: blockchain

Initial Coin Offering: an Inaccurate Term with an Imperfect Regulator

initial coin offerings token tokens regulate regulation of security tokensThis is my speech at the first Com­pu­ta­tion­al Law & Block­chain Fest­iv­al – Singa­pore Node on 17 March 2018. In it, I tried to explain what ini­tial coin offer­ings are, why gov­ern­ments all over the world eye them curi­ously, and how gov­ern­ments reg­u­late them – if they reg­u­late them. I also ques­tioned why brick and mor­tar gov­ern­ments reg­u­late some­thing so digit­al.

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No, I Won’t Help You Whitewash Your Token Sale Scam

Over lunch the in-house coun­sel of a tech com­pany asked me wheth­er I ever decline work. We were mak­ing small talk, but funny she should ask. Because I have indeed chosen not to work on one or the oth­er ini­tial coin offer­ing or token sale lately.

I do what I do for a liv­ing, so I’m not prone to decline work by default. But these pro­jects didn’t smell right.

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The Efficient Breach of Smart Contracts

Smart con­tracts are described as self-execut­ing: how they are formed is how they will be per­formed. This is why some of us see no (or at least less) room for leg­al dis­pute over them.

It shouldn’t be this way. Where it’s effi­cient, it should be pos­sible to breach a smart con­tract. Even though this may lead to a leg­al dis­pute.

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Smartifying Blockchains, Legally

Yes, block­chain tech­no­logy can do things which con­ven­tion­al ledgers or registers can­not do. A few days ago I argued that this didn’t mean block­chain should replace tra­di­tion­al ways of record­ing leg­al trans­ac­tions whole­sale. Tra­di­tion­al ways of record­ing leg­al trans­ac­tions embed func­tions which block­chains don’t embed yet. Where the law demands it or wherever else it makes sense we should think about imple­ment­ing them.

Here’s in more detail what I had in mind.

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Blockchain: the Roll of Deeds of the Internet

After read­ing Caitlin Moon’s instruct­ive blog Block­chain 101 for Law­yerscom­men­ted that we should think of it as a cybernot­ary who can authen­tic­ate — everything.

Ive changed my mind.

For the avoid­ance of doubt, I’m all for catchy ana­lo­gies. They help under­stand much of what’s going on in cyber­space. Even bet­ter than a catchy ana­logy, though, is an ana­logy that’s catchy and apt.

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