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4 IJODR 57 (2017)
ODR and Blockchain

handle is hein.journals/ijodr4 and id is 135 raw text is: 








ODR and Blockchain


Tina van der Linden*


This presentation is about blockchain in the context of ODR. My job is threefold:
explain to you what blockchain is, how it operates and why it is relevant for ODR.
    In the programme it says: A primer, and discussion, on what is the block-
chain and consideration of its potential role in resolving, if not pre-empting, dis-
putes and thus its relevance to ODR. However, later this afternoon, there is a
session on smart contracts. So for now: just the basics, very briefly.
    Blockchain technology was invented in 2008 by someone using the pseudo-
nym Satoshi Nakamoto, in the search for anonymous currency online, an ongoing
quest since the early 1990s. Blockchain technology was a solution, providing ano-
nymity, solving the double spending problem and creating trust without the need
to a so-called trusted third party (TTP). The result was the first so-called crypto-
currency: Bitcoin. The technique underlying Bitcoin is the blockchain. So, Bitcoin
is the first application of this technique.
    Blockchain is, basically, a new way to store data, that enables a new way to do
business. Data are stored in blocks that are linked together creating a chain. The
links are created by hashes; a hash is a mathematical way to 'seal' data, one-way
only. The hash of the previous block is included in the data covered by the new
block. In this way, blocks are securely chained together.
    Transactions themselves are secured by asymmetric cryptography. Transac-
tions are validated, lumped together and added to the blockchain by a successful
mining operation. Mining consists of finding the nonce that gives, together with
the transactions and the hash of the previous block, the hash that meets a certain
predefined criterion. Finding the nonce is a bit like a Sudoku: solving it is really
difficult, checking that the answer is correct is easy. This 'proof of work' method
is a rather energy-consuming process: alternatives are available.
    The resulting blockchain is often compared to a distributed ledger: because of
the interlocking hashing, it is practically speaking immutable, and because it is
stored by all the computers in a network, there is no central authority.
    Thus, this is a revolutionary new and different way of creating trust between
parties that don't know each other and have no reason to trust each other. Impor-
tantly, for this trust, no TTP is needed, no reputation is needed and no enforce-
ment is needed. We might even say that for blockchain transactions, no law is
needed! This is, of course, a rather radical statement to make in a room full of
lawyers.
    In addition to cryptocurrencies, blockchain technology also enables so-called
smart contracts, conditional transfer of values between parties. Smart contracts
will be introduced and discussed in this afternoon's session.

*   Professor Tina van der Linden is Lecturer in Law, Ethics, and Technology for the Vrije
    Universiteit Amsterdam.


International Journal on Online Dispute Resolution 2017 (4) 2

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