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10 - Cryptocurrency Regulation

from The Third Era

Published online by Cambridge University Press:  24 March 2022

Seth C. Oranburg
Affiliation:
Duquesne University, Pittsburgh
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Summary

While the previous Chapter explores the origins of cryptography and explains the functional features of Blockchain, this Chapter provides a robust discussion of the various legal challenges and arguments surrounding this novel technology. While self-regulating markets have some desirable aspects, the anonymous or pseudonymous feature of cryptocurrency has its drawbacks which can lead to more fraud and corruption if left completely unchecked. Primarily, this Chapter focuses on administrative law implications and addresses the question of who could (and should) regulate cryptocurrency markets. The answer depends on how digital assets are classified. For example, if the digital asset is labelled a security, it will fall under the regulatory authority of the SEC but will be limited by the Supreme Court’s decision in SEC v. Howey. Further, this Chapter analyzes the constitutional implications of cryptocurrency–do people have a constitutional right to privacy when making financial transactions? This Chapter discusses the various constitutional rights that may be implicated and the arguments that may be used in future litigation.

Type
Chapter
Information
A History of Financial Technology and Regulation
From American Incorporation to Cryptocurrency and Crowdfunding
, pp. 129 - 152
Publisher: Cambridge University Press
Print publication year: 2022

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References

Complaint, SEC v. Ripple Labs, Inc. (January 22, 2020) (No. 20–10832), available at https://perma.cc/AY35-9LXF.Google Scholar
Department of Justice Office of the Inspector General, Audit of the Federal Bureau of Investigation’s Strategy and Efforts to Disrupt Illegal Dark Web Activities (2020).Google Scholar
Garlinghouse, Brad, The SEC’s Attack on Crypto in the United States, Ripple.com (2020), available at https://perma.cc/6TKK-8HLN.Google Scholar
Kerr, Orin S., Applying the Fourth Amendment to the Internet: A General Approach, 62 Stanford L. Rev. 1005 (2010).Google Scholar
Martin, Vince, Even If Ripple Beats the Charges, XRP Is No Longer Worth the Risk, Investor Place (2021), available at https://perma.cc/R5M6-TQAU.Google Scholar
Snowden, Edward, Without Encryption, We Will Lose All Privacy. This Is Our New Battleground, The Guardian (October 15, 2019), available at https://perma.cc/Q6WN-V9QZ.Google Scholar

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  • Cryptocurrency Regulation
  • Seth C. Oranburg, Duquesne University, Pittsburgh
  • Book: A History of Financial Technology and Regulation
  • Online publication: 24 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781316597736.011
Available formats
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  • Cryptocurrency Regulation
  • Seth C. Oranburg, Duquesne University, Pittsburgh
  • Book: A History of Financial Technology and Regulation
  • Online publication: 24 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781316597736.011
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Cryptocurrency Regulation
  • Seth C. Oranburg, Duquesne University, Pittsburgh
  • Book: A History of Financial Technology and Regulation
  • Online publication: 24 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781316597736.011
Available formats
×