Blockchain as a procedural means of evidence
DOI:
https://doi.org/10.15381/lucerna.n6.28403Keywords:
Blockchain, web3, procedural law, proofAbstract
He emergence of Blockchain technology, along with the first cryptocurrency called Bitcoin, has caused the beginning of a technological, social and economic revolution. There is talk of a new way of understanding the economy, of a new phase of the Internet called Web 3.0 and even of new forms of social relations.
Blockchain technology was born in a particular context; It is linked to the birth of another type of digital good: Bitcoin, which emerged in 2008 in the context of the economic crisis of that year, after the bursting of the “financial bubble” due to the distrust caused by the large number of risks. subprime mortgages. In this context, Satoshi Nakamoto sent several emails to people linked to the cyberpunk and crypto anarchist ecosystem, where the Bitcoin white paper was disseminated; This document mentions the term “blockchain”, as well as its function and the way it acts by validating transactions. Its decentralized nature implies that each of the nodes of a blockchain contains all the information of the transactions carried out on the network, so the information is secure and easily accessible.
The blockchain can be considered as computer evidence in some cases, as well as as a type of expertise. The real question is whether it will be easy to apply this set of knowledge in the evidentiary activity of a process. It is worth asking what type of evidentiary means blockchain would be. Is it a typical document or is it atypical? How would it be proposed within the litigation? What would your performance be?
It was only in the 2010s that expertise related to blockchain began to be admitted in first world countries; In our country the topic is very little known and it is to be expected that many justice operators are unaware of its existence, and those who know it will have many difficulties when interpreting an expert opinion, an opinion, or even a means of evidence that is related with blockchain.
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Copyright (c) 2024 Gerardo Huaman Morales
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