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Banking and Finance Law

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2014

Joshua A.T. Fairfield

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Full-Text Articles in Law

Smart Contracts, Bitcoin Bots, And Consumer Protection, Joshua A.T. Fairfield Oct 2014

Smart Contracts, Bitcoin Bots, And Consumer Protection, Joshua A.T. Fairfield

Joshua A.T. Fairfield

Trustless public ledgers (“TPLs”)—the technology underneath Bitcoin—do more than just create online money. The technology permits people to directly exchange money for what they want, with no intermediaries, such as credit card companies. Contract law is the law of bargained-for exchange, so a technology that enables direct exchange online will change the reality of online contracting. The current problem with consumer contracting online is that courts and companies have collaborated to create an online system in which consumers cannot bargain. Under the current regime, consumers have no choice but to click the “I Accept” button. Online, contract law is not …