Uncharted Legal Territory

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„The Law Commission of Ontario is in an excellent position to promote positive legislative reform for Canada`s digital society,“ said David Fewer, Executive Director of the Canadian Internet Policy and Public Interest Clinic, who attended the CDO/Mozilla roundtable. „The LCO`s multidisciplinary approach has great potential to fill gaps in Canada`s current digital rights ecosphere to strengthen and support the legal and human rights of Canadians.“ Digital artist Beeple`s recent $69 million „NFT“ sale in March 2021 has attracted a lot of attention, both inside and outside the art space. NFTs are digitally unique „non-fungible tokens“ based on blockchain technology and used to manage artists` intellectual property rights to the underlying works. New and innovative applications for NFTs are now emerging in a variety of industries. As our colleagues have discussed, such uses pose a host of potential legal issues in the uncharted territory surrounding these digital assets. To learn more, click here. „It`s often new territory for law,“ says Fritsch. „A lot of people are just looking for someone to help them have that conversation and explore what`s possible.“ All legal issues related to NFTs are complicated by the fact that it may not even be clear which jurisdictional laws should apply. It must be taken into account that NFTs are offered in a decentralized blockchain ecosystem and are paid and can be made in cryptocurrencies without either party revealing geographical identifying information such as a shipping or billing address. As the use of NFTs and blockchain technology increases in the US, we expect there to be a number of court rulings to create a framework to address these issues. The Justice Department`s legal arguments against Padilla are so controversial that Newman will get the help she needs. Experts from the American Civil Liberties Union and the Cato Institute complain about a government strategy that puts Padilla at the center of a sobering constitutional question: Can the president call a U.S. citizen an „enemy combatant“ — an enemy agent of a foreign enemy orders the military to detain him indefinitely and prevent him from seeing his lawyers? That is what President Bush did.

Civil rights activists began speaking out last November when Bush announced that some terrorists would be tried by military tribunals. But Padilla`s case gives them their first real chance to bring the president to justice and test the power he can wield properly in wartime. Over the past couple of years, non-fungible tokens, commonly known as NFTs, have entered the mainstream as global brands, entertainment companies, sports leagues, and other NFTs have created (or „invented“) a variety of digital works, many of which have „real“ benefits. If your organization has the option of using NFTs, you need to have a comprehensive understanding of what NFTs are, the existing legal framework surrounding them, and the unresolved legal issues they raise. Understanding NFTs starts with blockchain technology. A blockchain is a decentralized network of peer-to-peer computers that can be used to validate transactions and then record them seamlessly on a master ledger. It is important to note that there is no single blockchain; On the contrary, there are several blockchains, not all of which can interact with each other. Since each new block of transactions in a blockchain is cryptographically based on the previous ones, blockchains are immutable. For all intents and purposes, records cannot be changed. Blockchains therefore provide a powerful technology to create and permanently store immutable records of ownership of digital goods. These ownership registries are NFTs, each of which refers to the specific digital asset they represent. This sets them apart from other types of digital assets on a blockchain, such as cryptocurrencies, which are all the same, i.e.

fungible. An essential feature of NFTs is that, despite the term „token,“ they are actually programmable pieces of computer code. This allows developers to design an NFT that, for example, automatically pays royalties every time an NFT is sold.