Law and Blockchains

Stephen McKeon () and Derek Edward Schloss
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Stephen McKeon: University of Oregon
Derek Edward Schloss: Collab+Currency

A chapter in The Palgrave Handbook of Technological Finance, 2021, pp 311-335 from Springer

Abstract: Abstract Digital currency is both global and decentralized and existing legal structures do not always map cleanly to this new technology. Further, digital currency is just one of many types of assets that will be recorded and transferred on blockchains. In this chapter, we review the literature on various aspects of the legal environment around blockchain applications such as smart contracts, cryptocurrencies, tokenized securities, and decentralized autonomous organizations (DAOs). We synthesize how these novel structures and assets are treated with regard to tax law, intellectual property (IP) law, and securities law. We focus primarily on U.S. law, but comment on the global legal environment where applicable.

Keywords: Blockchain; Cryptocurrency; Securities law; Tax law; IP law; Smart contract; Howey test (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:spr:sprchp:978-3-030-65117-6_13

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DOI: 10.1007/978-3-030-65117-6_13

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