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Essay

Innovation vs. insolvency: is storing financial assets on decentralized blockchain networks worth the risk?

Received 03 Feb 2024, Accepted 20 Feb 2024, Published online: 03 Apr 2024
 

ABSTRACT

While the financial industry invests significantly into blockchain technology, there remain serious questions surrounding the implementation of blockchain for the storing and exchange of large-scale financial assets. This article argues that there should be significant limitations on its use as a store of value, and storing financial assets in a blockchain network of the Bitcoin type should not be permitted as blockchain is currently structured and implemented. This conclusion is based on the following arguments: first, storing financial assets in a blockchain network of the Bitcoin type poses significant security risks; secondly, existing regulatory structures and methods are largely ineffective when applied to crypto-currency, and third, a reliance on crypto-currency networks can result in a void of human legal and moral responsibility. These are issues that may have the potential to be alleviated in time, but until they are, firms should tread very carefully into using blockchain for the storing and exchange of financial assets.

Disclosure statement

No potential conflict of interest was reported by the author.

Notes

1 D Davis, ‘What Happened To FTX? The Crypto Exchange Fund’s Collapse Explained’ (Forbes, 2 June 2023) <https://www.forbes.com/sites/darreonnadavis/2023/06/02/what-happened-to-ftx-the-crypto-exchange-funds-collapse-explained/?sh=901f28a3cb7b>.

2 D Yaffe-Bellany, WK Rashbaum and M Goldstein, ‘FTX’s Sam Bankman-Fried Is Arrested in the Bahamas’ (New York Times, 12 December 2022) <https://www.nytimes.com/2022/12/12/business/ftx-sam-bankman-fried-bahamas.html>.

3 E Livni and B Warner, Sam Bankman-Fried Could Get 100 Years in Prison. What Is Fair? (New York Times, 11 November 2023)<https://www.nytimes.com/2023/11/11/business/dealbook/sam-bankman-fried-sentencing.html>.

4 J Cook, M Field and H Chowdhury, ‘Bitcoin's Death Problem: How Billions of Pounds Worth of Crypto Assets are Being Lost When People Die’ (The Telegraph, 6 February 2019) <https://www.telegraph.co.uk/technology/2019/02/06/bitcoins-death-problem-billions-pounds-worth-crypto-assets-lost>.

5 P Paech, ‘The Governance of Blockchain Financial Networks’ (2017) 80 6 Modern Law Review 1073–1110.

6 M Lehmann, ‘National Blockchain Laws as a Threat to Capital Markets Integration’ (2021) 26 1 Uniform Law Review 148–179.

7 ibidd.

8 E Zamani, Y He and M Phillips, ‘On the Security Risks of the Blockchain’ (2018) 60 6 Journal of Computer Information Systems 495–506.

9 ibid.

10 R Ahmad, I Alsmadi and W Alhamdani, 'Zero-day attack detection: a systematic literature review' (2023) 56 Artif Intell Rev 10733.

11 A Tanzeel, ‘‘Cryptojacking’ Attacks on Financial Firms Surged in First Half’ (Bloomberg, 26 July 2022) <https://www.bloomberg.com/news/articles/2022-07-26/-cryptojacking-attacks-on-financial-firms-surge-report-says>

12 K Sigler, ‘Crypto-Jacking: How Cyber-Criminals are Exploiting the Crypto-Currency Boom’ (2018) 9 Computer Fraud & Security 12–14.

13 N Abbas Saqib and S Talla AL-Talla, ‘Scaling Up Security and Efficiency in Financial Transactions and Blockchain Systems’ (2023) 12 2 Journal of Sensor and Actuator Networks 31.

14 A Walch, ‘The Bitcoin Blockchain as Financial Market Infrastructure: A Consideration of Operational Risk’ (2015) 18 N.Y.U. J. Legis. & Pub. Pol’y 837.

15 ibid. at 880.

17 ibid.

18 Federal Reserve Policy on Payment System Risk, 79 Fed. Reg. 67,326, 67,333 (12 November 2014).

19 Walch (n 14).

20 P Paech, 'Financial Collateral' London School of Economics and Political Science (24 April 2018). SSRN: <https://ssrn.com/abstract=3046835> or <https://doi.org/10.2139/ssrn.3046835>.

21 R de Caria, 'A Digital Revolution in International Trade? The International Legal Framework for Blockchain Technologies, Virtual Currencies and Smart Contracts: Challenges and Opportunities' <http://www.uncitral.org/pdf/english/congress/Papers_for_Programme/5-DE_CARIA-A_Digital_Revolution_in_International_Trade.pdf>.

22 M Sun, ‘Regulatory Uncertainty Is a Barrier for Wider Bitcoin Adoption’ (Wall Street Journal, 6 April 2022) <https://www.wsj.com/articles/regulatory-uncertainty-is-a-barrier-for-wider-bitcoin-adoption-11649289387>.

23 ibid.

24 DJ Cumming, S Johan and A Pant, ‘Regulation of the Crypto-Economy: Managing Risks, Challenges, and Regulatory Uncertainty’ (2019) 12 3 Journal of Risk and Financial Management 126.

25 J Bender, ‘State Crypto Regulation: Competing Priorities Shaping Different Outcomes’ (2022) 12 Seattle Journal of Technology, Environmental & Innovation Law 1.

26 Conference of State Bank Supervisors & N. Am. Sec. Admin. Ass'n, ‘Model State Consumer and Investor Guidance on Virtual Currency’ (CSBS.ORG, 23 April 2014) <http://www.csbs.org/legislative/testimony/documents/modelconsumerguidance--virtual %20currencies.pdf>.

28 H Kakavand, N Kost De Sevres and B Chilton, 'The Blockchain Revolution: An Analysis of Regulation and Technology Related to Distributed Ledger Technologies' (1 January 2017) SSRN: <https://ssrn.com/abstract=2849251> or <https://doi.org/10.2139/ssrn.2849251>

29 Cumming, Johan and Pant (n 24).

30 N Gandal and others, ‘Price Manipulation in the Bitcoin Ecosystem’ (2018) 95 Journal of Monetary Economics 86–96.

31 C Hicks and M Adams, ‘Cryptocurrency Regulations Around the World’ (Forbes, 3 April 2023) <https://www.forbes.com/advisor/investing/cryptocurrency/cryptocurrency-regulations-around-the-world/>

32 Id.

33 E Ducas and A Wilner, ‘The Security and Financial Implications of Blockchain Technologies: Regulating Emerging Technologies in Canada’ (2017) 72 International Journal 538–562.

34 ibid.

35 P Bains and others, ‘Regulating the Crypto Ecosystem: The Case of Unbacked Crypto Assets’ IMF Fintech Note 2022/007 (2022) International Monetary Fund.

36 ibid.

37 JJ Angel and D McCabe, ‘The Ethics of Payments: Paper, Plastic, or Bitcoin?’ (2015) 132 Journal of Business Ethics 603–611.

38 D Adler, ‘Silk Road: The Dark side of Cryptocurrency’ (2018) Fordham Journal of Corporate and Financial Law, Blog <https://news.law.fordham.edu/jcfl/2018/02/21/silk-road-the-dark-side-of-cryptocurrency/>.

39 'Two Arrested for Alleged Conspiracy to Launder $4.5 Billion in Stolen Cryptocurrency' (2022) US Department of Justice Press Release 22–105 <https://www.justice.gov/opa/pr/two-arrested-alleged-conspiracy-launder-45-billion-stolen-cryptocurrency>.

40 A Gervais and others, ‘On the Security and Performance of Proof of Work Blockchains’ in Proceedings of the 2016 ACM SIGSAC Conference on Computer and Communications Security (CCS '16) (Association for Computing Machinery 2016) 3–16.

41 G Bissias and others, ‘Sybil-Resistant Mixing for Bitcoin’ (2014) Proceedings of the ACM Conference on Computer and Communications Security 149–158.

42 CT Nguyen and others, ‘Proof-of-Stake Consensus Mechanisms For Future Blockchain Networks: Fundamentals, Applications and Opportunities’ (2019) 7 IEEE Access 85727–85745.

43 AM Hinkes, ‘Throw Away the Key, or the Key Holder? Coercive Contempt for Lost of Forgotten Cryptocurrency Private Keys, or Obstinate Holders’ (2019) 16 Nw. J. Tech. & Intell. Prop. 225 <https://scholarlycommons.law.northwestern.edu/njtip/vol16/iss4/1>.

44 M. Giancaspro, ‘Is a ‘Smart Contract’ Really a Smart Idea? Insights from a Legal Perspective’ (2018) 33 Computer Law & Security Review 825–835.

45 H Taherdoost, ‘Smart Contracts in Blockchain Technology: A Critical Review’ (2023) 14 Information 117 <https://doi.org/10.3390/info14020117>.

46 LD Wall, ‘Smart Contracts in a Complex World’ Notes from the Vault, Federal Reserve Bank of Alanta (2016) <https://www.frbatlanta.org/cenfis/publications/notesfromthevault/1607>.

47 ibid.

48 J Sklaroff, ‘Smart Contracts and the Cost of Inflexibility’ (2018) 166 U Penn Law Review 263 <https://scholarship.law.upenn.edu/prize_papers/9>.

49 D Yaffe-Bellany and others, ‘Binance Founder Pleads Guilty to Violating Money Laundering Rules’ (New York Times, 21 November 2023) <https://www.nytimes.com/2023/11/21/technology/binance-changpeng-zhao-pleads-guilty.html>.

50 ibid.

51 Paech (n 5).

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