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Article . 2017 . Peer-reviewed
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Article . 2017
Data sources: HKU Scholars Hub
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The Distributed Liability of Distributed Ledgers: Legal Risks of Blockchain

Authors: Zetzsche, DA; Buckley, RP; Arner, DW;

The Distributed Liability of Distributed Ledgers: Legal Risks of Blockchain

Abstract

The transformative potential of distributed ledger technology, especially in the financial sector, is attracting enormous interest. Many financial institutions are investing heavily in proof of concept demonstrations and the rollout of pilot applications of DLT technology. Part of the attraction of distributed ledger systems, such as Blockchain, lies in transcending law and regulation. From a technological perspective, DLT is generally seen as offering unbreakable security, immutability and unparalleled transparency, so law and regulation are seen as unnecessary. Yet while the law may be dull and the technology exciting, the impact of the law cannot be simply wished away. With data distributed among many ledgers, legal risk will remain. DLT projects may well be found, by courts, to constitute joint ventures with liability spread across all owners and operators of systems serving as distributed ledgers. Regulators seeking to support appropriate approaches to twenty-first century financial infrastructure must focus on these legal consequences.

Countries
Australia, China (People's Republic of)
Keywords

Financial Infrastructure, anzsrc-for: 1801 Law, anzsrc-for: 46 Information and Computing Sciences, Distributed Ledger Technology, anzsrc-for: 48 Law and Legal Studies, 4801 Commercial Law, FinTech, Blockchain, 4606 Distributed Computing and Systems Software, 46 Information and Computing Sciences, anzsrc-for: 4801 Commercial Law, RegTech, anzsrc-for: 4606 Distributed Computing and Systems Software, Bitcoin, 48 Law and Legal Studies

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    selected citations
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    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    45
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Top 10%
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Top 10%
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Top 10%
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
45
Top 10%
Top 10%
Top 10%
Green
hybrid