Smart Contracts, Bitcoin Bots, and Consumer Protection

Fairfield, Joshua Smart Contracts, Bitcoin Bots, and Consumer Protection. Washington and Lee Law Review.

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Abstract

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 the law of bargained-for exchange; it has become the law of company-dictated exchange. Smart contracts—automated computer programs able to execute trades through TPLs—may offer a solution. This brief Essay explores the possibilities of smart contracts and their potential to correct the badly off-course law of online contract.

Item Type: Article
Subjects: Main Topics > Bitcoin
Main Topics > Blockchain
Projects > BloSSom 2019
Main Topics > Economy
Main Topics > Law
Main Topics > Smart Contracts
Divisions: Law
Depositing User: Unnamed user with email richard.dabels@uni-rostock.de
Date Deposited: 03 Sep 2019 16:35
Last Modified: 03 Sep 2019 16:35
URI: http://blossom.informatik.uni-rostock.de/id/eprint/39

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