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Full-Text Articles in Law
On Monopolistic Practices In Bitcoin: A Coded Solution: A Coded Solution, Sanya Samtani, Varun Baliga
On Monopolistic Practices In Bitcoin: A Coded Solution: A Coded Solution, Sanya Samtani, Varun Baliga
Indian Journal of Law and Technology
The underlying values inherent in the creation of bitcoins are those of decentralization and accessibility. The horizontal power structure is an integral part of bitcoins’ architecture – this paper seeks to find a feasible alternative to status quo in order to preserve these characteristics. First, we look at the harms of monopolies and how the concentration of bitcoins is exceptionally harmful to its continued existence. Second, we expose the inadequacies of the existing regulatory frameworks, and discuss how status quo militates against the foundational ideology of bitcoin as a non-institutional cryptocurrency. Third, we undertake a comparative study of the existing …
Infrastructure Innovation In India: What Can Be Inferred From Eu Regulation?, Serge J.H. Gijrath
Infrastructure Innovation In India: What Can Be Inferred From Eu Regulation?, Serge J.H. Gijrath
Indian Journal of Law and Technology
This article assesses the innovation policy objectives underlying the proposed EU Telecom Single Market (TSM) regulation considering disruptive technological developments and asks what the regulator in India can infer from such regulation. The paper explores the network operator’s dilemma of how to deal with investments in a time where fundamental innovation comes from outside, and the regulator’s dilemma of how to improve the conditions for access to the operators’ networks and safeguard a level playing field. The measures with respect to two technological developments: the deployment of 5G and the goal to ensure very high-speed broadband access in the EU …
Law And Technology: Two Modes Of Disruption, Three Legal Mindsets, And The Big Picture Of Regulatory Responsibilities, Roger Brownsword
Law And Technology: Two Modes Of Disruption, Three Legal Mindsets, And The Big Picture Of Regulatory Responsibilities, Roger Brownsword
Indian Journal of Law and Technology
This article introduces three ideas that are central to understanding the ways in which law and legal thinking are disrupted by emerging technologies and to maintaining a clear focus on the responsibilities of regulators. The first idea is that of a double disruption that technological innovation brings to the law. While the first disruption tells us that the old rules are no longer fit for purpose and need to be revised and renewed, the second tells us that, even if the rules have been changed, regulators might now be able to dispense with the use of rules (the rules are …
Intellectual Property And India’S Development Policy, Sudhir Krishnaswamy
Intellectual Property And India’S Development Policy, Sudhir Krishnaswamy
Indian Journal of Law and Technology
As India wades into the 21st century, we are faced with a strategic choice about how we imagine and institutionalise new modes of regulation of access, control and production of information, knowledge and cultural resources. The rapid legislative activity on intellectual property, most recently the Patent (3rd Amendment) Act, 2005, has so radically shifted the goalposts of the debate that we are still to catch our breath! This essay is an exercise in deep breathing and careful reasoning to relieve us from our present breathless state.
It’S Raining Crypto: The Need For Regulatory Clarification When It Comes To Airdrops, Carol R. Goforth
It’S Raining Crypto: The Need For Regulatory Clarification When It Comes To Airdrops, Carol R. Goforth
Indian Journal of Law and Technology
Worldwide regulatory restrictions have pushed crypto entrepreneurs to take creative and novel approaches in their struggle to create viable user networks for new tokens. One of the most interesting vehicles for dispersing tokens is the ‘airdrop’, a process by which a developer essentially ‘gives away’ tokens. The developers’ motives in these airdrops are typically not completely altruistic. Instead, the goal is to increase the ‘buzz’ about new forms of crypto, and to encourage recipients to voluntarily promote the token that they now also own. The regulatory reaction to this technique has been mixed. A few nations, most notably China, have …
The Case For Regulating Crypto-Assets, Jaideep Reddy
The Case For Regulating Crypto-Assets, Jaideep Reddy
Indian Journal of Law and Technology
In July 2019, the Ministry of Finance, Government of India announced that an Inter-Ministerial Committee (the ‘Committee’) had submitted its report (the ‘Committee Report’) recommending that possessing or dealing with cryptocurrency be banned and made a criminal offence. This article examines whether such a ban is justified under our constitutional scheme. The article finds that the right to carry on various kinds of crypto-asset activities can be traced to various enumerated fundamental rights under the Constitution of India. Analyzing the Committee Report, the article finds that its recommendation of an outright ban is unlikely to be a reasonable restriction on …