… anonymous or somehow else avoid structuring their affairs in accordance with the operation of law, most participants in blockchain governance are public people who make an effort to position themselves in a manner that doesn’t get them in trouble with existing legal systems. Because of this reality, “keep crypto law legal” is crypto law. At least for now.
I agree that this is what existing entities do so that they can continue to operate as a business entity. I do not agree that this is what they should do if they want to forward blockchain as a protocol.
Let me give you some examples of what I mean when I say that people who wish to advance blockchain as a protocol should actively seek litigation:
Plessy v. Ferguson was a civil rights era tactic to leverage the court system.
Lawrence v. Texas was a LGBT tactic to leverage the court system.
Shelby County v. Holder is one case in a long series of tactical and strategic uses of the court system by Edward Blum. He is notably one of the most vocal members of the conservative right who uses litigation strategically to achieve ideological goals. In his case this would mean tearing down the voting rights act and other similar legal protections afforded to minorities.
Fundamentally we in the blockchain space are doing nothing wrong if we use this technology responsibly and effectively to mitigate third party custodial liability. The system is wrong. It is our job to force the system to admit that it is wrong. We are now entering a new era of civil rights where those in the blockchain space are fighting for the rights of ordinary citizens.
In the opposing camp are large corporations and powerful special interests. Blockchain takes away power from the powerful and gives it back to the people. We need to leverage the court system to do that and this means we actively need advance our agenda through the justice system using tactical and strategic legal challenges. But first we must create applications that people actually believe are worth fighting. My prediction is that stablecoins will enable mass adoption of use cases that are valuable enough that people are willing to litigate.
I have written much already concerning this matter here: