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The Blockchain and Law Briefing is a blog post (occassionally updated on ComputationalLaw.org) providing an informal and general high level overview of blockchain and law.

Filling out the Blockchain Briefing narrative form, the below table of legal issues and examples is offered as a starting point for in-house and other legal counsel to learn about more general principles and practices related to blockchain technology.

Table of Blockchain Legal Issues and Examples

Legal Issue Example Situation Leg/Reg Status Version & Comments
Does Blockchain Satisfy Long Term Records Retention Requirements? US Federal Credit Unions are expected to permanently retain Individual Share and Loan Ledgers 12 CFR 749 Version 1.0 (Relevant Materials) Public Blockchain OP_RETURN can ensure evidentiary proof by maintaining long term publicly verifiable hashes of records, addressing a key and costly aspect of "permanent" retention of regulated records expectations.
Are Blockchain Signatures Enforceable Admissible in Court as Evidence? A merchant seeks to introduce evidence of the blockchain signature of a consumer on a contract for the sale of a used car UETA and ESIGN and 31 C.F.R. § 370.39 Version 0.2 - (Relevant Materials) A valid signature may be formed by any sounds, symbol of process including Blockchain based electronic processes. Blockchains provide extrinsic evidence regarding the authenticity of the digital signature needed to lay a proper foundation for admissibility. The evidence is sufficient to prove the electronic message to which the digital signature is affixed has not been altered from its original form" and that the "digital signature corresponds to a specific public key pair."
Are Smart Contracts Enforceable as Legal Contracts? tbd UETA and ESIGN Version 0.2 - (Relevant Materials) Current drafting notes re adequacy of contract formation and evidentiary issues and good practice examples
Do Records Entered onto Blockchain Satisfy Admissibility Requirements as Evidence? tbd tbd Version 0.1 - (Relevant Materials)
Does Blockchain Provide Valid Legal Notice? tbd tbd Version 0.1 - (Relevant Materials)
Does Blockchain Provide Satisfactory Record of Legal Title to Property? tbd tbd Version 0.0 - (Relevant Materials)

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