English

THROW AWAY THE KEY, OR THE KEY HOLDER? COERCIVE CONTEMPT FOR LOST OR FORGOTTEN CRYPTOCURRENCY PRIVATE KEYS, OR OBSTINATE HOLDERS

Most cryptoassets natively function as bearer instruments. Whoever controls the private key for a given cryptoasset wallet generally controls the assets held by that wallet. In a civil or criminal action or as part of a governmental investigation, parties may be ordered to disclose their private keys or to transfer cryptoassets controlled by those private keys. However, people forget things and lose things, including extremely important things. Parties may lose private keys, and thereby lose control of their assets; parties acting in bad faith, or due to ideological motivation, may claim that “lost” or “forgotten” private keys prevent them from complying with disclosure or turnover orders. Determining whether claims of lost or forgotten private keys are genuine or are bad faith attempts to protect assets will be a challenge for courts, forcing them to confront complex, technology-specific evidence and requiring that they determine whether that loss is bona fide or tactical “self-created impossibility.” Courts may likewise find that traditional contempt sanctions are insufficient to compel a motivated contemnor to comply with disclosure or turnover orders. To avoid expensive, time-c

무료 계정으로 로그인하면 책을 읽고, EPUB을 다운로드하고, 오디오북을 들을 수 있습니다.