About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

48 Hofstra L. Rev. 519 (2019-2020)
Blockchain Jenga: The Challenges of Blockchain Discovery and Admissibility under the Federal Rules

handle is hein.journals/hoflr48 and id is 539 raw text is: NOTE BLOCKCHAIN JENGA: THE CHALLENGES OF BLOCKCHAIN DISCOVERY AND ADMISSIBILITY UNDER THE FEDERAL RULES I. INTRODUCflON Blockchain is one of the greatest inventions of the modem world since the inception of ARPAnet in the late 1960s.1 Initially created to withstand a nuclear war, ARPAnet was the earliest form of the Internet, allowing for the transmission of data packets between computers.2 Over the course of several decades, innovation flourished in the technology sector, each development contributing to the framework needed for the operation of a blockchain.3 Each of these contributing innovations did not necessarily revolve around money; however, they enabled the inventor of Bitcoin to develop a working model of distributed ledger technology.' Although originally intended for monetary transactions, blockchain technology has a vast array of other applications, some of which are still undiscovered.' The implementation of blockchain across business will bring a host of questions relating to its discoverability and admissibility in federal courts.6 The solution to this issue revolves around amending the Federal Rules of Civil Procedure and Evidence, and playing blockchain Jenga with cross-chain technology.' This Note is not a discussion on Bitcoin; rather, this Note uses Bitcoin's underlying protocol as a tool to explain the complexities of blockchain, as Bitcoin is one of the many examples of blockchain's data 1. See ANURAG BANA & MAXINE VIERTMANN, INT'L BAR Ass'N, THE NOT-So-DISTANT FUTURE: BLOCKCHAIN AND THE LEGAL PROFESSION 3 (2017); PRIMAVERA DE FILIPPI & AARON wRIGHT, BLOCKCHAIN AND THE LAW: THE RULE OF CODE 13-14 (2018). 2. DE FILIPPI & WRIGHT, supra note 1, at 13-14. 3. See infra Part I. 4. See infra Part IL. 5. See BANA & VIERTMANN, supra note 1, at 16; Garry Gabison, Policy Considerations for the Blockchain Technology Public and Private Applications, 19 SMU SCI. & TECH. L. REV. 327, 329 (2016); infra Part II. 6. See infra Part H. 7. See infra Part IV. 519

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most