Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Robbing a Locked Bank Vault from Home: Legal Issues Raised by Cryptocurrency Frauds

By Chris Ott
November 01, 2018

The number of individuals and businesses holding or using cryptocurrencies is expected to reach 200 million by 2024. The advent of cryptocurrencies has raised a host of legal issues; some of the most immediate ones — such as whether cryptocurrencies are securities — appear to have been resolved, but cryptocurrency theft remains a major concern for traders and investors given that billions of dollars of cryptocurrency are stolen every year. These cutting-edge problems intersect in interesting ways with companies' existing fraud and anti-money laundering concerns, but it all starts with the cryptocurrency “wallet.”

A cryptocurrency wallet stores the cryptographic keys (both public and private) that one uses to access and spend cryptocurrencies. Each wallet can contain multiple keys as well as independent cryptographic software or a mnemonic device for memorizing the cryptographic keys. It is important to note that crypto wallets themselves are generally not a part of a given cryptocurrency's technology. Therefore, the wallet can be dispiritingly similar to an in-real-life (IRL) wallet, whose currency and credit/debit card contents are only as secure as we keep the wallet itself.

A Cryptocurrency Theft Primer

Cryptocurrency theft frustrates technology in several ways. Thieves appear to adhere to Sutton's Law because most of the documented attacks target “where the money is”: the crypto wallet itself.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.