Exploring the Limits: When Code Isn't Always Law in Crypto

Jonathan Stoker Dec 07, 2023, 22:20pm 250 views

Exploring the Limits: When Code Isn't Always Law in Crypto

French Court's 'Code Is Law' Verdict Poses Challenges for DeFi

In an unusual decision, a French court has recently agreed with the stance that 'Code Is Law'. This philosophy has fundamental implications for the DeFi industry, where system exploits are often seen as inevitable parts of the protocol's growth process. The decision has sparked a significant debate within the crypto community.

In February, the Avalanche-based automated market maker, Platypus FinancePlatypus Finance$0.031 -4.77%, fell prey to a breach, resulting in a loss of $8.5 million. Quickly identifying the culprits, the stolen funds were tracked down. However, the subsequent actions of Platypus and its community proved to be unconventional. Legal proceedings were initiated against siblings Mohammed and Benamar M., a move that defies the commonly held belief that blockchain, as initially envisioned, should work beyond the reach of the law.

Code is Code: The Central Belief in Crypto

From the inception of cryptocurrency, the primary objective has been to create systems that work for all, without interference from regulatory or legal bodies. The BitcoinBitcoin$42,260 -0.64% blockchain, for instance, operates without requiring any money transmitter license - it simply needs to exist. In cryptocurrency, the code is paramount and no restrictions can apply to it, apart from those put in place by centralized companies like CoinbaseCoinbase for compliance purposes.

In the courtroom, Mohammed argued that his actions were those of a ‘white hat' hacker, taking only 10% of the vulnerable funds as a reward for identifying a loophole in the system. This raises questions about whether his actions were sincere, and whether Platypus was justified in seeking legal recourse. Although victims of theft usually have the right to press charges, the enforcement of such rights becomes complicated when the code itself contained exploitable vulnerabilities.

In a surprising turn of events, the French judge dismissed the charges against the brothers, likening the financial exploit of Platypus to an exploitation of a vending machine for extra bags of chips.

Appeals and Arguments: The Ongoing Debate

The dispute over 'Code Is Law' arose when many in DeFi urged Platypus to contest the controversial decision in a higher court. The argument is that while the code is essential, theft remains theft, and the victims deserve restitution. As the crypto industry matures, there is an increasing sense that it should integrate with the world and, by extension, the law.

One of the core strengths of cryptocurrency is that these self-executing platforms are extra-judicial. If crypto begins to sanction or KYC users, it would lose its essence. At the same time, the industry's approach to 'Code Is Law' cannot be simplified to the point of irresponsibility and naivety. This is a complex issue that underpins nearly everything built in blockchain so far.

Opinions from Industry Experts

The court's decision and the implications of 'Code Is Law' have elicited a range of responses from protocol founders, industry expert lawyers, and other key figures in the crypto space. While some experts believe that the law should defer to the outcomes of code, others argue that it's a dangerous precedent to set. The consensus, however, is that as the crypto industry grows and matures, it should strike a balance between the 'code is law' principle and legal compliance.

Edited by Jonathan Stoker

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