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Cited by 928Digital Transformation in LawBlockchain Technology Applications and SecurityDigitalization, Law, and Regulation

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Decentralized Blockchain Technology and the Rise of Lex Cryptographia

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Wright, Aaron, De Filippi, Primavera·2015·SSRN Electronic Journal
DOI 10.2139/ssrn.2580664
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Research works printed but not linked: 31

  1. Justin Hughes, 2005, noting that "[i]ndependent protection of microworks and a micropayment structure would transfer wealth to existing owners of informational or financial capital, 575
  2. See Id, noting that micropayments and microworks "weaken the egalitarian, empowering aspect of intellectual property," because "it allows individuals with little or no preexisting property to develop valuable property out of public domain materials, completely unencumbered by obligations to prior property owners
  3. J H Reichman, Repackaging Rights in Subpatentable Innovation, 53 VAND. L. REV. 1743, 1776 (2000) (illustrating how the use of techno-legal mechanisms for creating artificial scarcity on information could create a "weed-like thicket of exclusive rights
  4. See Nick Szabo, 1997, The Idea of Smart Property
  5. 2012, For an overview of this movement, see The Quantified Self: Counting Every Moment, THE ECONOMIST
  6. 2014, Analytics and machine learning tools developed by intel analyzed the data for insights into how medications and other treatments were working and enabled Intel to measure the progression of the disease. See Clint Boulton, Intel Fighting Parkinson's Disease With Smartwatches, Big Data, The WALL STREET J
  7. Steve Allen, 2014, (a detail report that outlines how the confluence of advances in technology, changing consumer preferences, mobile devices, and social media "has driven the acceleration of this young, The Promise of the Quantified Self
  8. See Bruce, 1989, before the development of Lex Mercatoria, merchants faced "localized, often contradictory laws and businesses practices" producing "hostility towards foreign commercial customs and lead to mercantile confrontations, 55 SOUTHERN ECON. J, 644, 646
  9. See Leon, From the Medieval Law Merchant to E-Merchant Law, 53
  10. Toronto L, 2003, J, 265, 270
  11. Joel R Reidenberg, 1998, The Formulation of Information Policy Rules Through Technology, 76 TEX, L. REV, 553
  12. Stan L Rev, 1996, Merchants could not resolve their disputes by taking them to the local noble, whose established feudal law mainly concerned land claims. Nor could the local lord easily establish meaningful rules for a sphere of activity that he barely understood and that was executed in locations beyond his control, The result of this jurisdictional confusion was the development of a new legal system-Lex Mercatoria"), 1367
  13. See Johnson & Post, supra note 159
  14. Benson, 157, 646, 10.1002/mus.23521 · DOI
  15. Lawrence M Friedman, 2001, The original lex mercatoria was a body of mercantile custom in the middle ages. It was closely associated with the Lombard merchants, who formed a kind of transnational business class. Quite a number of institutions of modern commercial law, The Coming Global Legal Order, 347
  16. See Johnson & Post, 10.1016/s0140-6736(01)80830-8 · DOI
  17. See Trakman, 1996, at 274; see also Robert D. Cooter, Decentralized Law for A Complex Economy: The Structural Approach to Adjudicating the New Law Merchant
  18. See Fabrizio Marrella & Christopher, 2007, D]isputes between traders that arose under the law merchant would be resolved in special merchant courts run by the merchants themselves, Is Open Source Software the New Lex Mercatoria?, 47 VA. J. INT'L L, 807, 811
  19. Goldsmith & Wu, 10.1163/ilwo-vh13 · DOI
  20. See Marrella, Today, choice of law clauses permit harmonization of international commercial law by specifying that the substantive legal rules used to resolve the dispute may encompass, via the lex mercatoria, 164
  21. See Joel, Governing Networks and Rule-Making in Cyberspace, 10.7551/mitpress/1648.003.0005 · DOI
  22. J Emory L, 1996, Political and economic communities based predominantly on geographic proximity and physical contact have less relevance in cyberspace because network communities can replace physically proximate communities, 911
  23. 2000, allow for transfers of information "without the networks knowing the content of the data, or without any true idea of who in real life the sender of a given bit of data is, TCP/IP, the basic communication protocols for all Internet activity
  24. See Frank, 1996, Cyberspace and the Law of the Horse, U. CHI. LEGAL F
  25. See Lawrence Lessig, 1999, The Law of the Horse: What Cyberlaw Might Teach, 113 HARV, L. REV, 501
  26. Id, Cyberspace demands a new understanding of how regulation works. It compels us to look beyond the traditional lawyer's scope-beyond laws, or even norms. It requires a broader account of "regulation," and most importantly, the recognition of a newly salient regulator
  27. Ars Technica, 2011, However, it is also worth noting that, over time, Internet service providers may be themselves decentralized through the use of widespread mesh networking
  28. 2014, Google Search Algorithm Changes Demote Piracy Sites From Page Rankings, Again, this has already happened in the context of websites believed to have engaged in copyright piracy. See Christian Bautista
  29. 2015, David Cameron. Cameron sought to ban encryption in end-to-end communications. Shortly after the proposal, the plan was dropped. See James Ball, Cameron Wants To Ban Encryption -He Can Say Goodbye To Digital Britain, THE GUARDIAN, Such a law was recently suggested by the British Prime Minister
  30. 2014, See Henry Corrigan-Gibbs, Keeping Secrets, STANFORD ALUMNI MAGAZINE
  31. At the time, knowledge of how to encrypt and decrypt information was the domain of government; the NSA feared that making the secrets of cryptography public would severely hamper intelligence operations. But as the researchers saw it, society's growing dependence on computers meant that the private sector would also need effective measures to safeguard information. Both sides' concerns proved prescient

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Metadata

Authors
Wright, A., & De Filippi, P.
Affiliations
Yeshiva University (US)
Corresponding author
Wright, Aaron
Venue
SSRN Electronic Journal
Publisher
Elsevier BV
Published
2015
ISSN
1556-5068 (ISSN-L)
DOI
10.2139/ssrn.2580664
OpenAlex
W4400945
Cited by
928
References
0
Citations by year
2026: 37 · 2025: 61 · 2024: 97 · 2023: 86 · 2022: 110 · 2021: 118 · 2020: 141 · 2019: 119 · 2018: 102 · 2017: 40 · 2016: 14 · 2015: 3
Type
posted content
Language
en
Open access
Locations
SSRN Electronic Journal (publishedVersion)
Topics
  • Social Sciences › Law › Digital Transformation in Law
  • Physical Sciences › Computer Science › Information Systems › Blockchain Technology Applications and Security
  • Social Sciences › Law › Digitalization, Law, and Regulation
Keywords
blockchain, smart contracts, decentralized autonomous organizations, decentralized governance, decentralization (distributed systems), self-executing contracts, legal theory

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