The Regulation of Cryptocurrencies and ICOs under EU Law

The Regulation of Cryptocurrencies and ICOs under EU Law

This presentation covers the regulation of cryptocurrencies and ICOs under EU Law. An overview is given of EU regulation of digital assets. The legal research covers multiple aspects of ‘crypto regulation’ within the EU, as well as in its Member States. For each jurisdiction, an inquiry is made into the regulation of digital currencies, and the regulation of ICOs. Finally, the most crypto-friendly jurisdictions are examined in more detail.

U.S. Regulators want to stop Facebook’s Libra. Here’s why.

U.S. Regulators want to stop Facebook’s Libra. Here’s why.

If you haven’t heard about Libra yet, it’s about time. Facebook’s recently unveiled coin, which is held stable by backing it with other currencies and debt obligations, might cause significant changes in the financial system as we know it. The U.S. House of Representatives called for a halt of Libra’s development in an open letter to Facebook. Are U.S. regulators overreaching? Or is their approach warranted? Read it here.

SEC Doubles Down On Hinman Test: A Legal Analysis

SEC Doubles Down On Hinman Test: A Legal Analysis

SEC Chairman Jay Clayton has confirmed that the SEC believes that if a token is ‘sufficiently decentralized’, it can no longer be seen as a security. This controversial ‘Hinman Test’ is subject to great debate. In this article, I explain how such a test might be approached. Emphasis is given to the influence of the issuer on the governance of a blockchain protocol.

Stable Coins and the Law: The Dangers of Unbundled Blockchain Banking

Stable Coins and the Law: The Dangers of Unbundled Blockchain Banking

The differences between traditional banking and blockchain banking are immense. The issuance and administration of stable coins impose substantial risks if not regulated properly. In this essay, the inherent risks posed by the uncoupling of formerly inseperable banking functions are explored and the argument is brought forward that the model of current stable coin regulations sounds the death of the ‘trustless’ promise of the blockchain dream.

Legal Engineering on the Blockchain – Smart contracts as legal conduct

Legal Engineering on the Blockchain – Smart contracts as legal conduct

This guest post is concerned with the question of the relationship between smart contracts and law and tries to develop a framework that emphasizes the legal character of smart contracts, without promoting the popular catch phrase ‘code is law’. Concepts of ‘legality’, ‘lawfulness’ and ‘jurisdiction’ are more complex than can be encapsulated by architectures or technologies that regulate or condition behaviour.

Open-source Licensing and its Trends in Blockchain

Open-source Licensing and its Trends in Blockchain

Software development based on collaborative enhancement of source code has existed informally since the 1980s (and even before). This collaboration could easily be considered the main driver of many online products and services we use every day. Although I have a broad understanding of open-source and in specific software licensing, I am…

The Curious Tale of Tezos —from a $232 MILLION ICO to 4 class action lawsuits.

The Curious Tale of Tezos —from a $232 MILLION ICO to 4 class action lawsuits.

Just 8 months ago, a blockchain project called Tezos raised $232 million with an initial coin offering. It was the biggest ICO ever. Arthur and Kathleen Breitman, the young couple that founded the project, literally raised over 10x more than their wildest estimates. 8 months later, the couple and the project is facing four class action lawsuits. How could it all go so wrong?