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8 Wake Forest L. Rev. Online 1 (2018)

handle is hein.journals/wflron8 and id is 1 raw text is: HARRY POTTER, ETHEREUM, AND THE
BLOCKCHAIN: REVISED IMPLICATIONS AND
CURRENT SHORTCOMINGS OF SMART CONTRACTS
By Ari Herbert,
Imagine a deal that can't be broken. Harry Potter fans will
remember the unbreakable vow: two wizards clasp arms, declare
their promises, and whisper an incantation.1 A silvery thread of
light twists around the enclasped arms and then disappears. The
spell is done. The deal can't be broken. This was a major plot tool in
the Harry Potter series. But if self-enforcing agreements were real,
our commercial world     would   be  very  different.   Trusted
intermediaries and legal enforcement procedures would be less
needed.
Using blockchain (the same technology underlying Bitcoin),
computer programmers are striving to make this a digital reality.
They've built Ethereum, a new internet, which can host applications
like Gmail and Facebook. Except on Ethereum, applications aren't
hosted on company servers.     Instead, applications are stored
simultaneously on all computers running Ethereum. Like cream
cheese spread on toast. In other words, it's decentralized.
This decentralized technology has many implications. Already
mentioned is the possibility of self-executing agreements called
smart contracts. Yet so far, smart contracts have a narrower
applicability than envisioned, and there are significant hurdles
between present smart-contract use and widespread adoption.
Nevertheless, smart contracts are on the rise.2 Thus it's important
to update the discussion of this promising commercial tool.
Part I of this Essay discusses the implications of smart
contracts. In Subpart I.A, this Essay explains how blockchain and
smart contracts work. This Essay continues in Subpart 1.B by
raising the full gambit of possible benefits from smart contracts,
both more and less plausible alike. Part II of this Essay then raises
the obstacles that smart contracts face. In Subpart II.A, this Essay
raises technological limitations, and Subpart II.B addresses the
* Associate, Quinn Emanuel Urquhart & Sullivan LLP; J.D. University of
Texas, 2017.
1. J. K. ROWLING, HARRY POTTER AND THE HALF-BLOOD PRINCE 36-37
(2005).
2. See Confideal, Confideal's Crusade to Harness the Power of Smart
Contracts, Bitcoin Mag., https://bitcoinmagazine.com/articles/confideals-crusade
-harness-power-smart-contracts/.

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