Blockchain enthusiasts sometimes presume given the increased transparency in decentralized systems, that the entries in the ledgers will necessarily be accurate and that there will no longer be legal disputes or that they will be reduced. They fail to realize that legal issues will actually be more complicated.
As an initial matter, there is nothing preventing incorrect data in a transaction, whether by error or fraud. For example, say there is a blockchain tracking supply chain. There will be an entry for delivery and acceptance of certain goods with payment then being automatically executed per smart contract. However, the party receiving the goods finds that there are problems with what was received. All of a sudden there is a business dispute and, if the transaction has occurred on a true blockchain (meaning a decentralized system with the transaction simultaneously occurring on different nodes throughout the world) then questions arise about identifying which country’s laws apply and where to seek relief. Potentially, the transactions could be subject to the jurisdiction and laws of every country where a node is located. Logistically, this creates a mess of laws and regulations (potentially conflicting) that would apply to transactions on the blockchain. As a result, this will be an issue that will have to be addressed in the courts and by use of contract provisions regarding applicable laws and venues.
Further, with regard to issues of a blockchain that is experiencing errors, a question of liability arises. Indeed, who would any parties affected by the errors even pursue for damages in a decentralized system. If a private blockchain, would it be the entity managing it? What about in a Decentralized Autonomous Organization (DAO) in which there is no central actor? In fact, law makers are likely to pass rules and regulations limiting use of DAOs given these questions and the logistical issues involved with liability and jurisdiction in such cases.
A second misconception that Blockchain enthusiast sometimes have is that a “smart contract” replaces the need for lawyers. Many people do not seem to understand that a “smart contract” is simply self-executing code that executes when specific requirements set out in the contract are met. It simple reduces the need for intermediaries and thus, raises efficiencies and lowers costs. A smart contract does not draft or negotiate contract terms.
A third misconception that some Blockchain enthusiasts have is a failure to understand that a true public blockchain is not compatible with the data privacy issues (and the related legal requirements) and that discussions about private data, such as medical data, cannot be with regard to a public blockchain, but are more appropriate for private blockchains or permissioned blockchains.
What is clear is that the increased usage of blockchains and the innovation there will have more legal implications that the average Blockchain enthusiast may think.
Posted from my blog with SteemPress : https://www.blockchainbeach.com/some-common-misconceptions-about-blockchains-and-the-law/
You're right. These don't don't work in those situations. I know Sovrin has a public-permissioned distributed ledger. It's really quite ingenious what they did. I see this type of functionality being built into other areas including law.
NO PII is ever put on the ledger even in hashed forms. It's a blend of what you discussed above. I think it's the answer to many problems. Not just Sovrin, the identity layer, but using that same methodology to solve other use cases.
I'm sorry I did not find your article sooner, or I would upvote it for you. I will resteem it though. :)
Here's one of the Sovrin whitepapers in case you're interested: Sovrin Whitepaper
I too wish I had seen this early enough to toss a vote on it.
If the author would reply to our comments, we'd be able to rectify that by upvoting the reply.
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