Category Archives: Blockchain

Why is Crypto so important and should I care?

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A few years ago, if you had mentioned the term “cryptocurrency” to me, I would have imagined some kind of currency involving an underworld banking system, with hooded traders sitting behind shady computers.

We now read about it not only in the business sections of daily websites or financial publications, but on their front page.  Entire sections of news publications are becoming devoted to things like Bitcoin.

Jurisdictions around the world are scurrying to put into place legislation and regulations to allow or make it easier for companies to carry out initial coin offerings (ICO’s) or token issuances. Is “cryptocurrency” even the right terminology?  Or should it be “digital currency”? “Virtual currency”?

So, the question which we must now ask ourselves: whatever we call it, do cryptocurrencies, really deserve this much attention.  Should we care this much?  What will the impact of crypto be in the long term?

What is it again?

In essence, cryptocurrency is – as blockchain based platforms are meant to be – completely decentralised.  As a financial based blockchain, that means it is not governed by any central bank or monetary authority.  It is rather maintained by a peer-to-peer community computer network made up of users’ machines or “nodes”.  If you know what BitTorrent is, the same principle applies.

Using blockchain, it is effectively a digital database – a “distributed public ledger” – which is run via cryptography.  Cryptocurrency such as Bitcoin is secure as it has been digitally confirmed by a process called “mining”. Mining is a process where all the information entering the Bitcoin blockchain has been mathematically checked using a highly complex digital code set up on the network.  That blockchain network will confirm and verify all new entries into the ledger, as well as any changes to it.

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Note that while it is fundamentally anonymous, the mathematics behind it makes it a global public transaction ledger, so every transaction can ultimately be traced through cryptography.

Why is it so important?

First, note there are various types of cryptocurrencies, and for the purposes of this piece, I’ll focus on easily the most mentioned and used: Bitcoin (BTC) and Ether (ETH).

Bitcoin was the very first blockchain – a financial one – created by an individual (or group, who knows) called Satoshi Nakamoto in 2008.  Its value has exponentially increased to a ridiculous level: you may have seen pieces swirling around the Internet such as “if I had brought $100 of bitcoin back in 2010, I’d have over US$100 million now” or about Bitcoin’s first billionaires. An increasing number of retailers and internet sellers are beginning to accept Bitcoin as a method of payment.

Without going into too much detail, while Ethereum is very similar to Bitcoin, its uses extend beyond the mere financial side of things such as mining, into the provision of services on its own particular blockchain.  Ethereum provides built-in software programming languages which can be used to write, for example, smart contracts that can be used for many purposes, including the transfer and mining of its own tradeable digital token, Ether (which is even more complex than Bitcoin).

Prior to Christmas 2017, the cryptocurrency space went through a process called “mooning”.  That is to say, their prices went utterly and completely ridiculously sky high. It became the absolutely wrong time to buy crypto.  Because just before Christmas, the entire market utterly crashed, losing approximately 20% of its entire global market cap.

It then bounced up.  And then in mid-January, crypto exchanges again crashed, with prices in Ethereum for instance falling approximately 25%.

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So, the headlines.  Regulators  issuing “buyer beware” notices (certainly needed, but also because many central regulators struggle with the notion of regulating a decentralised technology). Investing in initial coin offerings (ICO’s) and in cryptocurrencies is highly speculative and basically you can lose all your money.

And you can indeed.  Of course, you can say the public shareholders of Lehman Brothers also did, but unquestionably cryptocurrency exchanges are far more volatile than the stock markets.

But cryptocurrency is important and it is not going away, or be limited to 100 years as others may speculate: transactions are fast, digital, secure and worldwide, which in essence allow the maintenance of records without risk of data being pirated. Fraud is, actually, minimized.

Also, as an aside, digital currency such as Bitcoin should not result in inflation. The total number of bitcoins which can ever be mined is limited to approximately 21 million, so there is no way the total amount of cash in the system can be increased by any central bank. Bitcoin itself is, by its nature, scarce… though one can certainly argue that cryptocurrencies themselves, are infinite as they can be generated by anyone.

Many large banks are now spending money either collaborating with existing crypto clients (JPMorgan with Zcash) or developing their own cryptocurrency (such as Bank of America).

Whenever I get asked, “Should I think about buying any cryptocurrency such as Bitcoin or Ethereum?”, I tend to answer along the following lines [and note, I’m by no way an investment advisor, nor in any position to give any investment advice, so none of this should be considered any].  Basically, do you have any spare money?  Do you like to speculate in a fairly volatile investment (and I use the word “fairly” being polite)?  Have you ever been to Las Vegas?  If so, welcome to the Crypto Casino.

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As mentioned, the cryptocurrency markets are currently all over the place.  While that is the case one should bear in mind this: outside of Bitcoin and Ethereum, there are a number of high quality digital token and coin issuers, with excellent backers and management, with very good AML procedures in place, a great business model, etc.

Yet indeed, there are also numerous completely awful ICO’s which are taking place.

Hence, the need for regulator “buyer beware” notices. You really do need to do your research before investing.

In terms of importance, one other key item to note is that as cryptocurrencies become more widespread, it is really the decentralised ledger technology, blockchain, upon which crypto is based, which is the true masterpiece.

Blockchain is just a platform, and its technology allows those cryptocurrencies and their digital tokens to operate within it.  Essentially, any transaction capable of being recorded can look to the use of blockchain, whether they be medical records, immigration information, birth certificates, insurance policies – all of that data can be stored and guaranteed over a blockchain.

The use of smart contracts based on the Ethereum blockchain – protocols allowing the self-execution of contracts once certain conditions are met – will eventually become headline news as well.

Conclusion

It really does need to be taken into account that crypto is a form of currency that has been in existence for approximately only 10 years. It isn’t gold and it isn’t fiat. This is brand new technology which has already illustrated its ability to fundamentally disrupt the global financial system.  But it isn’t perfect by any stretch.

Crypto, or digital, or virtual currencies have created a paradigm shift in the way we look at money.  The way we look at potentially buying it.  The way we look at potentially spending it.

Just be careful buying it.

Chris Garrod, January 25, 2018

 

Law firm disruption: the inevitability of blockchain everywhere.

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You should have already heard of the term: blockchain.

If you haven’t, you will. And assuming you have, you’re going to hear it a lot more.

As much as artificial intelligence appears to be the primary buzz phrase in 2017’s business world, the use of blockchain technology will over a rapid period of time have a dramatic impact on how we function on a daily basis.

So what is blockchain?

Very simply: blockchain is a networked, decentralised, secure ledger — or a database — which can be used for any recordable transaction (not just for digital cryptocurrency use which it sometimes can be mistaken to mean). Transactions are grouped into “blocks”, part of a secure network (consisting of hundreds of computers and servers worldwide) and the data is stored into the blocks. When it is intended for a transaction/block to enter the chain, it must be validated by this worldwide network and therefore becomes digitally signed.

The key is that the blockchain is decentralised and secure. How? Any change to this worldwide ledger requires the authentication of the entire network of global servers. One change will change all of them. That results in the decentralised nature of blockchain: there is no need for a central authority to approve transactions. This also means that the ledger, the blockchain, is very difficult to alter — unlike a bank or financial institution, with one or a few network servers, there is no central point of vulnerability, making it incredibly difficult for hackers to infiltrate. Blockchain is, simply, secure.

Potential uses of blockchain

There has been a lot of hype around the use of cryptocurrencies, including their potential benefits, their potential risks: Bitcoin being the most popular example. So much so, many confuse cryptocurrencies and the term “bitcoin” with “blockchain”. But they are totally separate.

Blockchain is just a platform, and its technology allows those cryptocurrencies and their digital tokens to operate within a blockchain. The security of the blockchain helps control and verify the transfer of these digital currencies. This is actually one example of the immediate use of blockchain, which is in the financial sector — a means of financial transaction payments which are digitally based and secure, what is more broadly known as “fintech”.

How else can blockchain potentially be used?

Essentially, any transaction capable of being recorded can look to the use of blockchain.

Some quick examples include (a) healthcare: keeping electronic medical patient records, hospital and insurance claims information and data which can be shared with other hospitals or health insurers on a secure basis, (b) electoral voting: such as casting votes using someone’s smartphone over a secure blockchain network, (c) shipping and transport: shipping and transport companies using a secure blockchain to track cargo globally on a reliable basis with a secure infrastructure, (d) insurance: the administration and processing of insurance claims, where the data is kept on a secure blockchain, and (e) homeland security: data collection by governments regarding the digital identity of citizens and potential refugees wanting to cross borders.

Think of any transaction or a way of collecting data, and blockchain can enter the frame. The application of blockchain is virtually limitless.

The law and smart contracts

So perhaps you are corporate lawyer. And a client all of a sudden wants to talk to you about smart contracts. Are you ready?

As the name suggests, a “smart contract” is just that. A contract which is automatically generated — without human intervention — via a software application based on when certain variables or triggers coded into the contract are met. They are recorded and execute themselves on the blockchain and contracting parties aren’t needed to confirm the transaction: the contract self-executes.

As mentioned earlier, any change or alteration of a blockchain network must be authenticated by the rest of the network, which therefore verifies its legitimacy — the same applies to any asset transfer recorded in the blockchain. Because the entire record of transactions is recorded by many different parties across the network, a blockchain reduces the risk of fraud. The aim with smart contracts is to provide security that is superior to traditional contracts. They also, of course, reduce many of the transaction costs associated with traditional contracting and therefore can be a very efficient form of doing business.

Ethereum is the most popular blockchain platform for smart contracts. Ethereum provides built-in software programming languages which can be used to write smart contracts for many legal purposes, including the transfer of tradeable cryptocurrency or digital tokens — its most prominent use, through the provision of a digital token, ether.

Smart contracts can be used in various contexts: for example, in property transactions, money can automatically be released from escrow once a deed is transferred without human verification, or in the insurance context, claims monies can be paid to an insured immediately upon the occurrence of a verified insurable event.

But there is uncertainty regarding the enforceability of smart contracts. They currently are not mainstream and it is uncertain how courts would interpret them and apply basic contractual legal principles as they increase in use. Do the concepts of traditional contract law apply to smart contracts, where the contracts are self-executing without the involvement of contracting parties? An entire reexamination of the fundamental laws relating to contract may be required as smart contracts become less of a novelty and more of a reality.

Lawyers get ready

Blockchain is real and it is coming. Smart contracts are coming along with it. It is likely that in the future we will be faced with a new generation of lawyers who will have conducted their legal training based on an entirely different and unique body of law. That generation of lawyers will probably also know how to code.

And today? Clients in all sectors of various industries are now looking towards blockchain technology as a way of carrying on their business more effectively, efficiently and securely. For those managing law firms, note that the inevitability of blockchain is now upon you and expect clients to soon be asking your firm questions about it. Firms which take steps to become experts in the field will benefit.