Kyle is the founding partner at Roche Freedman LLP and an experienced litigator known for leveraging his deep understanding of technology and economics to successfully represent clients facing complex and novel issues of law. He has published multiple articles on the intersection of cryptocurrency and law, including in the Wall Street Journal, and has taught numerous courses to professionals on crypto and blockchain. He is currently the co-lead attorney in the Kleiman v. Wright case taking place in federal court in Florida.
Order Without Law in the Digital Age
Order without some forms of law is nothing new. But previously, most forms of order without law depended on relatively close-knit communities. But cryptocurrencies such as bitcoin offer, for the first time, a platform for ordering commercial transactions without as much use of formal law.
Yet, the software underlying Bitcoin does not provide a criminal code. It does not have built-in mechanisms to return Bitcoins stolen by fraud, let alone the ability to imprison the perpetrators. Bitcoin does not collect any taxes from its users, nor does it set rules about what types of transactions its users can engage in. However, judges and regulatory regimes alike can build effective rules in the cryptocurrency space while leaving the essence of bitcoin as an order without law in tact.
To best effectuate good policy in the crypto space, practitioners with knowledge in the space need to leverage the historic principles of fairness and common sense that are embedded into our laws and apply them to a 21st century technology.