Response to the Law Commission of England and Wales “Digital Assets - Call for Evidence”

21 Pages Posted: 24 Sep 2021

See all articles by Johan David Michels

Johan David Michels

Queen Mary University of London, School of Law - Centre for Commercial Law Studies

Christopher Millard

Queen Mary University of London, School of Law - Centre for Commercial Law Studies

Chris Reed

Queen Mary University of London, School of Law

Date Written: July 27, 2021

Abstract

In this document, we respond to the Call for Evidence of the Law Commission of England and Wales regarding digital assets. We argue that the Law Commission's proposed criteria for possession create significant uncertainty for some types of digital asset, including security and utility tokens, domain names, digital files, and emails. We further encourage the Law Commission to consider the legal implications of its proposed reforms for post-mortem access to digital assets under succession law, so as to ensure that its approach will provide outcomes fit for the 21st century.

Keywords: Digital Assets, Property Law, Cloud Computing, Cloud Services, Customer Data, Information Ownership, Possession, Succession, Estate

JEL Classification: K1, K11, K36, O33, O34, P14

Suggested Citation

Michels, Johan David and Millard, Christopher and Reed, Chris, Response to the Law Commission of England and Wales “Digital Assets - Call for Evidence” (July 27, 2021). Available at SSRN: https://ssrn.com/abstract=3925095 or http://dx.doi.org/10.2139/ssrn.3925095

Johan David Michels (Contact Author)

Queen Mary University of London, School of Law - Centre for Commercial Law Studies ( email )

67-69 Lincoln's Inn Fields
London, WC2A 3JB
United Kingdom

Christopher Millard

Queen Mary University of London, School of Law - Centre for Commercial Law Studies ( email )

67-69 Lincoln's Inn Fields
London, EC2A 3JB
United Kingdom

HOME PAGE: http://www.law.qmul.ac.uk/staff/millard.html

Chris Reed

Queen Mary University of London, School of Law ( email )

67-69 Lincoln’s Inn Fields
London, WC2A 3JB
United Kingdom

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