Carl mullan bitcoin

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Much ink has been spilt of late, including in the pages of the South Square Digest 1 , on the legal nature and aspects of cryptoassets. The tempo of academic and practitioner interest in these issues has quickened in recent months, as questions previously confined to discussion in academic journals and FCA Discussion Papers have begun to spill over into the Courts.

The hope is that this Legal Statement, once issued by the UK Jurisdiction Taskforce, will introduce a welcome counterweight to the uncertainty which currently bedevils this nascent area of English law.

Indeed, the spectrum of academic opinion on certain fundamental, threshold questions could hardly be broader:. Against that backdrop the most pressing desideratum, which may well be fulfilled in the context of the ongoing proceedings in Robertson v Person Unknown, is some decided case law on these fundamental points 6. Because speculators in trade then know what ground to go upon. In this article I propose to venture a little further down the rabbit hole, going beyond these threshold questions e.

Is a cryptoasset capable of being personal property under existing common law principles? The selection of these topics is necessarily arbitrary to some extent — the area is rich with interesting and knotty questions — but the two topics addressed here have been selected on the basis that they may be of some practical interest to practitioners with clients trading in or otherwise exposed to cryptocurrency.

First, however, some words on these threshold questions concerning the nature and correct legal characterisation of a holding of bitcoin: Bitcoin, first developed in , is generally considered to be the first cryptoasset.

It is also by some way the largest and most significant cryptocurrency by market capitalisation. Given that Bitcoin is in a sense the archetypal cryptoasset, the rest of this article considers bitcoin in particular rather than cryptoassets or cryptocurrencies generally.

For this reason, it is important to emphasise that a proposition of law which may be correct in the context of bitcoin may not hold true in the context of other cryptoassets.

Transactions involving bitcoins are effected on a public, timestamped ledger or chain of digital signatures the blockchain , whereby each transaction or block is added to the series of all previous transactions or chain. In this way:. The ledger is changed in this way when a bitcoin is transferred from one participant to another, i. The public key a long string of numbers is visible to and known by all participants in the Bitcoin system. The private key a long string of numbers and letters is known only to the participant.

Moreover, if a participant loses the private key to which his or her public key corresponds, then the bitcoin attached to that public key is lost with it. It has value only because sufficient users of the system believe that it does. But that as I have explained is not so different from many fiat currencies: as demonstrated at moments of financial crises by runs on banks and runaway inflation.

This is a topic likely to be elucidated in the forthcoming report of the UK Jurisdiction Taskforce — and perhaps also by the High Court in the ongoing proceedings in Robertson v Person Unknown.

However, suffice it to say the following for present purposes:. The precise characterisation adopted by the Court will matter in particular as to which features of the existing categories of personal property this new category will have , given that for example an action in conversion only arises in the context of a chose in possession and not a chose in action As to this:.

Importantly, noting that the private key is per se just a string of letters and numbers which may be recorded on any form of physical or other medium , the relief available under s. However, this solution gives rise to further questions of its own, in particular given the following practical issues: i the irreversibility of a transfer of bitcoin i. These issues are beyond the scope of the present article There would need to be a system-rule to this effect, which users accepted when they made transactions on the system.

Question: If i X provides goods to Y pursuant to a contract providing that in consideration of the provision of those goods Y shall pay 3 bitcoin to X, and ii Y cannot or declines to pay 3 bitcoin to X, is X able to serve a valid and effective statutory demand on Y in respect of the unpaid 3 bitcoin with a view to presenting a bankruptcy petition against Y?

Now, for present purposes it is right to proceed on the assumption that the Court will not recognise bitcoin or other virtual currency as equivalent to a fiat currency like GBP or USD. There are good reasons to make this assumption: Sensible arguments can be made that a virtual currency like bitcoin is identical or proximate to a fiat currency insofar as it operates as i a medium of exchange, ii a store of value albeit query the stability of the value and iii a unit of account.

However, the classic definitions of fiat currency stipulate that the medium must also be: a issued under the authority of the law in force within the State of issue; b under the terms of that law, denominated by reference to a unit of account; and c under the terms of that law, to serve as the universal means of exchange in the State of issue If a genuine pre-estimate of loss the provision is enforceable according to its terms. I would therefore regard a claim for liquidated damages as one for a liquidated sum within the meaning of s.

See, for example, Ex p. This can include a contractual liability where the amount due is to be ascertained in accordance with a contractual formula or contractual machinery which, when operated, will produce a figure. This denies the seller the ability to enforce the primary obligation, and its corresponding advantages: debt claims are not discretionary, nor are they subject to the common law constraints of remoteness, mitigation, or penalties, and it is both procedurally and substantively easier for debt claimants to obtain summary judgment.

The analysis above illustrates the limitations inherent in the use of a virtual currency as a medium of exchange for real-world goods and services. Depending on the industry and sector in question the advantages of using a virtual currency, in particular the confidential, opaque and disintermediated nature of such transactions, may well be considerable. That is, intangible property with the essential characteristics of choses in possession.

When information is created and recorded there are sharp distinctions between the information itself, the physical medium on which the information is recorded and the rights to which the information gives rise. Whilst the physical medium and the rights are treated as property, the information itself has never been. This is likely to turn, to a large extent, on the terms governing the custodian relationship.

For further discussion, see Sarra and Gullifer op. Pupillage Tenancy. Excellent in everything they do. Cryptoassets, cryptoliabilities: bitcoin and insolvency Published November Financial Services.

Authors Alexander Riddiford. Featured in Download. Print Article. The content of the Digest is provided to you for information purposes only, and not for the purpose of providing legal advice. If you have a legal issue, you should consult a suitably-qualified lawyer. The content of the Digest represents the views of the authors, and may not represent the views of other Members of Chambers. Members of Chambers practice as individuals and are not in partnership with one another.

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Digix Provides Users With Digital Tokens That Represent Legal Ownership of Assets

State authorities in Florida on Thursday announced criminal charges targeting three men who allegedly ran illegal businesses moving large amounts of cash in and out of the Bitcoin virtual currency. Experts say this is likely the first case in which Bitcoin vendors have been prosecuted under state anti-money laundering laws, and that prosecutions like these could shut down one of the last remaining avenues for purchasing Bitcoins anonymously. One of those contacted was a localbitcoins. According to court documents, the agent told Michelhack that he wanted to use the Bitcoins to purchase stolen credit cards online. Espinoza was arrested yesterday when he met with undercover investigators to finalize the transaction.

"Facebook's Libra could be a great marketing campaign for Bitcoin. Carl Mullan, Owner and Consultant at DCIA Inc. (Digital Currency.

Tired of bitcoin? Try marijuana, manure-backed coin

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The digital currency challenge : shaping online payment systems through US financial regulations

carl mullan bitcoin

Carl is a digital currency consultant and has been a well-known business owner in the digital currency industry since He operated the largest online digital currency directory, published the first digital currency industry magazines, and introduced prepaid digital gold cards nearly a decade before Bitcoin. Carl wrote about the changing U. His writing and work have been quoted and referenced in books, magazines, newspapers, and even the Department of Justice Report on Money Laundering in Digital Currency. Carl's books are found in college libraries and law schools around the world.

This fictional book is a series of easy to read vignettes that illustrate modern uses of Bitcoin cryptocurrency.

The flow of funds on the Bitcoin network in 2015

Combining the oldest form of money and one of the most cutting-edge technologies, commodity-backed digital currencies have been praised for allowing users to safely store assets such as gold on the blockchain. Unlike bitcoin or other cryptocurrencies which solely rely on demand and offer, they give an intrinsic value and tangibility to a digital token. BitGold, Midas Reserv and DigitalTangible are only a few startups that are providing users with digital tokens that are representative of a certain amount of gold or silver. Now, Singaporean startup DigixGlobal seeks to do just that with digital tokens that correspond to legal ownerships of physical assets. Users can redeem Digix tokens any time or trade them on the Ethereum blockchain for goods, services or any other digital assets, including bitcoins, ether and Ethereum-based tokens on EtherEx, a decentralized cryptocurrency exchange built on the Ethereum platform.


The Bitcoin Blockchain : Following the Money: Who Really Uses Bitcoin?

Carl Mullan Additional contact information P. Bitcoins have no assets backing the units. They are valued from being traded in public online market. In previous digital currency systems units were non-negotiable. Bitcoin units transfer value with each transaction and hold more obvious cash-like features than previous digital currency products. Bitcoin transactions are pushed from a user account, opposite of bank checks and credit cards that are pulled out by someone other than the account owner. Related works: This item may be available elsewhere in EconPapers: Search for items with the same title.

P. Carl Mullan Digital Currency Intelligence Authority Ltd. White Stone, Virginia, USA Participation in this market requires bitcoin digital currency.

Cryptoassets, cryptoliabilities: bitcoin and insolvency

Over the past several months, there has been a number of useful, simplified flow charts that show the general demand and supply for bitcoins. Source: Chain. The diagram above was created this past fall by Adam Ludwin, co-founder of Chain.


You have a limited supply asset that now is a globally recognized brand that everybody knows, but not everybody understands. What's happening now is institutions are coming into the space," Pal said. More information about cryptocurrencies from Raoul Pal can be accessed at Real Market Analysis The Kitco News team speaks to analysts and experts on the frontlines of the market to get the most up-to-date news on the economy.

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Much ink has been spilt of late, including in the pages of the South Square Digest 1 , on the legal nature and aspects of cryptoassets. The tempo of academic and practitioner interest in these issues has quickened in recent months, as questions previously confined to discussion in academic journals and FCA Discussion Papers have begun to spill over into the Courts. The hope is that this Legal Statement, once issued by the UK Jurisdiction Taskforce, will introduce a welcome counterweight to the uncertainty which currently bedevils this nascent area of English law. Indeed, the spectrum of academic opinion on certain fundamental, threshold questions could hardly be broader:. Against that backdrop the most pressing desideratum, which may well be fulfilled in the context of the ongoing proceedings in Robertson v Person Unknown, is some decided case law on these fundamental points 6.

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