How Can Blockchain and Other Consensus Driven Cryptographic Technology be Regulated?

6 Pages Posted: 7 Nov 2018 Last revised: 9 Nov 2018

See all articles by Syren Johnstone

Syren Johnstone

Faculty of Law, University of Hong Kong; Asian Institute of International Financial Law

Date Written: November 1, 2018

Abstract

Some participants in the crypto/blockchain/ DLT industry actively invite regulatory oversight but policy considerations and the usual patterns of legal and regulatory development can mean that wanting to be regulated is not always the same as being able to be regulated. This article examines aspects of the technology that make it difficult to regulate the primary and secondary market while at the same time allowing industry development without it being affected by fraud and abuse, or being used to service money laundering and other criminal purposes. It concludes by suggesting the policy approach that regulators should take to this new technology.

Keywords: blockchain, cryptocurrency, exchange regulation, securities regulation, secondary market, dlt, distributed ledger technology, policy development, bitcoin

Suggested Citation

Johnstone, Syren, How Can Blockchain and Other Consensus Driven Cryptographic Technology be Regulated? (November 1, 2018). Available at SSRN: https://ssrn.com/abstract=3278403 or http://dx.doi.org/10.2139/ssrn.3278403

Syren Johnstone (Contact Author)

Faculty of Law, University of Hong Kong ( email )

Faculty of Law, Pokfulam Road
Pokfulam
Hong Kong
Hong Kong

HOME PAGE: http://www.law.hku.hk/academic_staff/syren-johnstone/

Asian Institute of International Financial Law ( email )

Faculty of Law, Pokfulam Road
Pokfulam
Hong Kong
Hong Kong

HOME PAGE: http://www.law.hku.hk/academic_staff/syren-johnstone/

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