Rethinking the Rules: How Outdated Laws are Hindering Cryptocurrency Innovation | by Liquid Loans | Oct, 2023
Cryptocurrencies like Bitcoin are transforming finance, but many of our laws are outdated and ill-suited for this new technological reality. As cryptocurrency adoption grows, we need to re-examine laws to recognize that cryptocurrency is fundamentally about knowledge rather than physical possession. Outdated laws risk hindering innovation in this space.
The key innovation of cryptocurrency is enabling direct peer-to-peer value transfers without centralized intermediaries. This is made possible because cryptocurrencies are native to the digital realm. Unlike physical money, cryptocurrencies have no tangible existence. They derive their entire value from knowledge — private keys, seed phrases, wallet addresses and transaction records on a blockchain.
If a wallet is hacked, no coins are physically “taken” — the coins remain on the blockchain. What is lost is exclusive knowledge of a private key controlling funds. Knowledge alone enables control and transfer of value on a blockchain.
For cryptocurrencies, knowledge equals value. Seed phrases can generate wallet addresses holding vast sums, even if the owner is unaware. The knowledge contained in private keys and recorded on blockchains is what creates and enables exchange of value.
Many existing laws are based on concepts of property ownership, possession and custody that assume a physical object. But cryptocurrency has no physical existence — it’s natively digital. Laws premised on physically acquiring or possessing cryptocurrencies fail to recognize their true nature.
When new technologies emerge, it’s common for existing legal frameworks to be misapplied until updated regulations develop. There is a risk this could occur with cryptocurrency and stifle innovation.
Attempting to classify decentralized cryptocurrencies as ‘money’ in legal terms or apply legacy regulations around transmitting money could have unintended impacts. These frameworks do not easily fit something non-physical like crypto.
Overly stringent laws could drive cryptocurrency activity underground or to other jurisdictions. Since cryptocurrency is borderless, development may naturally shift outside places that take a restrictive regulatory posture.
Cryptocurrency represents a major shift driven by advances in cryptography, decentralized systems and game theory. Existing laws meant for a physical, analog world often do not translate neatly to natively digital technologies.
Laws meant to control knowledge transmission seem particularly incongruous when applied to cryptocurrency. Blockchains are designed to be censorship-resistant ledgers of knowledge that no entity fully controls. Once knowledge exists in the network, it spreads peer-to-peer.
Rather than judge cryptocurrency through analog world lenses, lawmakers should re-examine assumptions baked into legacy frameworks. Cryptocurrency’s essence as knowledge creates novel legal questions around transmitting and accessing value. Thoughtfully updating laws for the digital age can support innovation while protecting consumers.
Cryptocurrency allows value to be globally created and transmitted via knowledge sharing. This has no precedent in our financial history. It enables novel possibilities but also policy challenges.
Knee-jerk reactions against cryptocurrency could set back mainstream adoption and prevent appropriate guardrails from being enacted. But countries that take an open-minded approach recognizing cryptocurrency’s core nature as knowledge will attract innovation.
The digital finance revolution will favor places that understand the paradigm shift. With thought and wisdom, laws can be updated to embrace a future enabled by global peer-to-peer transmission of knowledge — while still providing much-needed consumer protections. The possibilities are exciting if society rises to the challenge.