Cryptocurrency Regulation

A Reflexive Law Approach

Immaculate Dadiso Motsi-Omoijiade

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English

Routledge
29 January 2024

Crime & criminology; Economics; Systems of law; Criminology: legal aspects; IT & Communications law

Series: Studies in Modern Law and Policy

This work argues that current cryptocurrency regulation, particularly in the areas of enforcement and compliance, is inadequate. It proposes reflexive regulation as an alternative approach. This book provides strategies for a reflexive regulation approach to cryptocurrencies, developed through the identification of the internal self-regulatory mechanisms of the cryptocurrency system.

Apportioning blame for current problems to the regulators’ failure to take into account the inherent technical features of cryptocurrencies, the work promotes reflexive regulation in which the law acts at a subsystem-specific level to install, correct, and redefine democratic self-regulatory mechanisms. It provides strategies for this approach, developed through the identification of the internal self-regulatory mechanisms of the cryptocurrency system. These are identified as imbedded in the technical functionality of computer code and consensus-based distributive governance mechanisms respectively. In addition to providing a technical, historical and legal overview of cryptocurrencies, the book concludes by providing recommendations aimed at redirecting code and consensus towards achieving regulatory goals. In this way, it draws from the theory of reflexive law, in order to provide both a substantive and jurisprudential perspective on the regulation of cryptocurrencies and to illustrate how Financial Technology (Fintech) regulation can only be effective once regulators consider both the ‘Fin’ and the ‘tech’ in their regulatory approaches.

The book will be of interest to researchers, academics and policy-makers working in the areas of Financial Regulation and Jurisprudence, Financial Crime, Banking Regulation, Information Systems, and Information Technology.

By: Immaculate Dadiso Motsi-Omoijiade
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 453g
ISBN: 9781032183626
ISBN 10: 1032183624
Series: Studies in Modern Law and Policy
Pages: 166
Publication Date: 29 January 2024
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

1. Overview of Cryptocurrencies 2. Current Cryptocurrency Regulation 3. Evaluation of Current Regulation 4. Reflexive Regulation Theory 5. Internal Self-Regulatory Mechanisms of the Cryptocurrency System 6. Reflexive Strategies for Enhancing and Supporting Internal Self-Regulatory Mechanisms

Immaculate Dadiso Motsi-Omoijiade is an Analyst in Science and Emerging Technology at RAND Europe, and was formerly a Research Fellow in Emerging Technology at the Lloyds Banking Group Centre of Responsible Business, University of Birmingham Business School, UK.