The increase in crimes committed with the use of new technologies also means a gradual increase in cases submitted to the judiciary in relation to cases that are still poorly organized today, but also Difficulty in qualification and classification from a legal point of view.
By examining some of the recent rulings, it can be seen how the same judicial activity is invoked to deal with technological innovations. Indeed, on the one hand, dealing with issues such as blockchain, cryptocurrencies and tokens requires specific skills, and seeking the help of technical advisors, on the other hand, in some legal systems there has been a digitization of procedural activities. Decree cases New York State Supreme Court The Supreme Court ruling in England and Wales allows us to consider the possibility of judicial documents being served through NFTs.
NFTs as luxury goods, because investments are growing
Court records via code, what the New York State Supreme Court says
It is often difficult for victims of computer fraud or other illicit activities related to cryptocurrency to trace the originator, since the owner of the wallet is still unknown: however, with non-fungible tokens, in some courts, the impetus has been given for operational activity Even against unknown persons, ensuring greater protection for the victim and the possibility of recovering stolen amounts.
Cyber Security: Best Strategies for Protection and Continuity of Information Technology Services
With a decree of June 1 last year, in the context of Hacking action involving a platform based in Liechtenstein At about $8 million, the New York State Supreme Court actually has it Authorize the service of a temporary restraining order against unknown persons by airdropping the service code (LCX AG v. John Doe No. 1-25). This was only possible by selecting participating wallets on Ethereum.
In detail, the service icon contains a hypertext link to a website created by the appellant’s counsel where court judgments and other case documents are available. All this also includes A mechanism to track when the subject clicks on it. In the judgment, it was determined that such action would constitute a notice valid for all purposes (“It must constitute good and adequate service for the purposes of jurisdiction under New York law over the person or persons controlling the [Wallet] Tabuk).
of course it is Historical action Which could lead to drastic changes in the notification methods allowed by US civil procedure rules, especially as the use of blockchain becomes more common and better understood within the legal and economic community.
Protective custody of the High Court of England and Wales
goes in the same direction reservation order Issued against persons unknown by the High Court of England and Wales and judged Notification through NFT.
Blockchain and cryptocurrency prefer anonymity of transactions, Create virtual assets that organized crime also seeks to carry out illegal transactions Or other illicit activities: While the address of the wallet that transfers or receives cryptocurrencies is known and remains tracked in the blockchain, the same cannot be said of the relevant owner, whose identity often remains unknown. Thus, the passage of money, in the form of digital currencies, can easily be made invisible.
Besides the risks associated with using the network, which make the platforms a target for hackers with malware or even ransomware, there are in fact risks of fraud and abuse aimed at money laundering. decentralization too It is an additional risk factorbecause he must pay for the absence of not only a central authority entrusted with monitoring the issuance of cryptocurrencies, but also intermediaries, whose interventions by institutions are also minimized in the face of indications of anomalies.
Moreover, the difficulty of tracing the holder of the wallet through which the operations are executed, as well as the funds that are traded via the blockchain, inevitably translates into greater risks from that behavior, albeit illegal, go unpunished, also bearing in mind that the immutability guarantees provided by the blockchain do not allow blocking or recalling an already executed transaction. This has already translated into huge losses for investors targeted by criminal activities, who are rarely able to recover their stolen assets.
However, the latest actions taken by countries at the international and national levels prove this Increase interest in crime prevention and other illegal behavior related to cryptocurrency. At the European level, the regulations on the regulation of crypto-asset markets (MiCA) will protect investors, with the aim of preventing them from falling into fraudulent systems.
Turning to the national level, a special section was created in May of this year from the registry which is managed by OAM Dedicated to registering traders in virtual currency It intends to carry out activities on Italian soil, aims to suppress abuses and falls within the scope of actions aimed at combating money laundering and terrorist financing. In fact, by prohibiting the carrying out of activities in the territory by subjects not registered in the register, which thus constitutes indispensable condition In order for the relevant operations to be legal, the identity traceability of the operators must also be ensured.
Judicial documents via token, compatible with the Italian system
When wondering if the code notification mechanism can also find applications in our legal system, we must first of all not forget the characteristics of the legal system in which it is adopted. there New York State Supreme Court And the High Court of England and WalesThey, in fact, belong to the so-called “common law” legal systems, which are clearly distinguished from the “civil law” systems, to which our legal system also belongs.
In fact, in common law systems, jurisprudential rulings take on the role of source of law: under the Latin word brocardo of ‘to stare decisively’, sentences form a ‘precedent’ and are therefore binding in the decision in future cases. This means in force Of the effectiveness assumed by the provision under which the notification was requested via the NFTthe latter is henceforth a valid form of the notification.
On the other hand, in civil law systems, although the nominal function of jurisprudence rulings is fundamental to the uniform application of law, judges, when deciding the specific case, are not bound by precedent and must comply with the provisions of the law.
What does the Civil Procedure Code stipulate?
Moreover, even our Civil Procedure Code already prescribes a certain form of service to be used not only when the senders are many, but also when it is difficult to identify them, which makes the service difficult in the normal way.
the art. 150 cpc In fact, it regulates the “notification of public declarations” which, at the request of one of the parties, may be authorized by the head of the judicial office before which the proceedings are taking place, after hearing the public prosecutor. In such cases, a copy of the contract shall be deposited at the Town Hall at the same place with an extract entered in the Official Gazette. there Attention It is considered executed when the bailiff, after performing the duties, deposits a copy of the bond in the register, together with the notification report and documents supporting the activity performed.
At the same time, the art. 151 cpc It allows the judge to dictate that the notification be carried out in a manner different from the ordinary method if it is suggested by certain circumstances, needs of greater speed, confidentiality, or protection of dignity. Therefore, the choice of the appropriate means of notification is within the discretion of the judge, however, the basic requirements for the notification procedure, such as the report, the delivery of a certified copy of the original, as well as the observance of forms that in any case guarantee knowledge of the act, remain necessary. As of now, it’s hard to think of this notification via an NFT It can be submitted under Article 151 of the Code of Civil ProcedureAt least in the absence of a regulatory law that includes it among the forms of service stipulated in the Code of Civil Procedure.
Ultra broadband, 5G and the energy challenge: all topics at the Telco Center for Italy
@All rights reserved