Cryptocurrency-Based Law

Abstract

Bitcoin is a protocol promoted as the first peer-to-peer institution—an alternative to a central bank. The decisions made through this protocol, however, involve no judgment. Could a peer-to-peer protocol underpin an institution that makes normative decisions? Indeed, an extension to the Bitcoin protocol could allow a cryptocurrency to make law. Tacit coordination games, in which players compete to identify consensus issue resolutions, would determine currency ownership. For example, an issue might be whether a cryptocurrency-based trust should disburse funds to a putative beneficiary, and the game's outcome would resolve the question and result in gains or losses for coordination game participants. A cryptocurrency can also be used to generate rules or other written codes. Peer-to-peer law might be useful when official decision-makers are corrupt or when agency or transactions costs are high. A modest starting point for cryptocurrency-based governance would be as a replacement for Bitcoin's centralized system for changing its source code. A cryptocurrency incorporating tacit coordination games could serve as a foundation for other projects requiring peer-to-peer governance, ranging from arbitration to business associations, which would enjoy inherent limited liability and would lack designated management.

How to Cite

58 Ariz. L. Rev. 359 (2016)

Download

Download PDF

11

Views

4

Downloads

Share

Authors

Michael Abramowicz (George Washington University)

Download

Issue

Publication details

Dates

Licence

All rights reserved

File Checksums (MD5)

  • PDF: 414e0e0639aa64795d423f7c3f846e7f