The vulnerability of a smart agreement in one private DAO account firstly to the leak associated with cryptocurrency worth tens of huge amount of money (billions as of today) then to the hard fork from the second-largest blockchain network Ethereum. You can find tons of articles looking into those events, including the wiki page. Even though the objective here is conclusions, let us renew in memory what happened 5 years ago. The DAO was obviously a startup that ran a great investment fund in Ether (ETH) and operated as a intelligent contract on Ethereum. The particular DAO is a proper title that founders decided to get as a reference to a general idea of a decentralized autonomous firm, or DAO. The account claimed from the very beginning which they operate under the terms and conditions of the smart contract that was simply a code of a plan deployed on the blockchain. The website contained no legal conditions and terms, but a notice stating the supremacy of the device code over any human-readable text to explain this program code. Though, The DAO grew to become infamous due to a vulnerability within their program that allowed a mystery user to drain one-third of their funds. The loss of several. 6 million Ether highly valued at the time at around $60 million, or around $7. 3 billion as of today. Because of negative implications plus high public pressure (the fund had more than 10 thousand investors) faced simply by Ethereum, the network market leaders decided to introduce a retroactive hard fork of their blockchain. In the result of the shell, the funds in The DAO were moved to a recuperation address, as if the seapage had never happened. Hence, the fund’s users can claim their investments back again. There were objectors of the difficult fork, and so those who objected continued to use the original Ethereum blockchain, calling it Ethereum Classic (ETC). It works till these days utilizing the original chain of blocks in which the Unknown owns the exhausted funds. One of the major arguments was around the question: Had been it a theft in any way? The United States Securities and Swap Commission (SEC) investigated the situation and published their statement. Even though they did not place it as the main question, their particular report contained the words “steal” and “attacker” as if it had been qualified by default. To this day, there is no criminal investigation, at least the authorities failed to deal with it properly. Interestingly sufficient, right after this conduct, the particular Unknown (let us contact them more neutral, not really the “attacker”) published a good anonymous letter stating which they did not believe it was the wrongdoing or any kind of violating either of law or even terms, referencing that notorious statement on The DAO’s web site of the prevalence of intelligent contract. Many commentators actually supported the conclusion that the Unfamiliar did nothing wrong, because they exploited the legitimate function of the code, which objectively existed and was also known to the developers as being a investigations further showed. No matter who did that, the situation still has a lot of unanswered questions that are much wider than it may seem, and much tougher, if not speculative. These queries must be addressed by philosophers, governments and blockchain organizations in order to move forward. The case indicates the world how smart agreements might be vulnerable, which makes the entire concept of “Code is Law” questionable (American legal college student Larry Lessig came up with this particular concept much earlier than the particular invention of blockchain). Additionally, it showed how retroactivity within blockchain can occur when the vast majority supports it, despite the generally referenced feature of blockchain, to remain immutable. What is the stage of it, if alternative forks in history are possible? Perform all the merits of technologies multiply by zero? What happens if this is not a flaw yet an advantage that we should discover ways to work properly? Let us proceed even further, what if we came across a new phenomenon in legislation and governance? Should parallels be drawn to find solutions? Parallel from governance plus law. Statute laws followed in a democratic way (e. g., by elected legislators) reflect the consensus from the majority. Normally, the group must obey. They cannot break the law. If code can be law, and the blockchain is really a “statute” where this legislation is written and performed in the form of a smart contract, after that what is a hard fork? Could it be disobedience? Unlikely. Blockchain retroactivity and hard forks are a possible option. The hard shell is a legitimate way (from the perspective of the code) for the minority to protect their own interest and split far from the majority if the ledger will be altered or other undesirable changes occur. Hard forks and retroactivity are not breaches or malicious acts — they are normal in this technologies. Parallel from business. Ethereum itself can be thought of as a sort of business, i. e., miners create and validate prevents and get revenue. If so, how s it possible that the company falls apart? A section cannot become separate in the company just by the can of such a department. However , this could happen based on the decision from the shareholders or the authorities (for example, a court). Usually in companies, functions associated with governance and production are usually distinguished, e. g., investors and a factory. Thus, that are miners: the authorities or maybe the producers? Parallel from legal law and justice. You will find opposite opinions on if the Unknown committed a criminal offense or legitimately exploited a good undeclared possibility of the program code. The DAO has never presented terms and conditions in human, voiced language and declared that this smart contract defines the particular terms. Thus, there is no recognized contract in a traditional feeling, so we can define the breach. Any human words and phrases to describe that code will be someone’s interpretation. Those who tend not to think that it was a criminal offense emphasize that “nobody place a notice of trespass. ” The poor design of to the wise contract could not protect the particular fund. Users were liberated to act at their discernment, while there were no lawful prohibitions. People are not penalized for drinking from a creek if there is no sign associated with private property. Hence, contractual and private laws failed to protect it. Interestingly, the particular SEC used the words “attacker” and “steal” in their survey, but no criminal analysis was found through additional government reports. Parallel from the mob law. If it was obviously a crime, then what was hard fork? Was it the mob law? Stealing “back” is not a legitimate way of proper rights and return of home. In a civilized society, it really is classified as a crime too. There are police, prosecutors, legal courts and marshals set up intended for exactly that. Was this a phenomenon of new blockchain justice, based on a specific type of digital democracy? Parallel through anarchy. If it was none a crime nor a good act of justice, after that what? Maybe it was the pure form of market competitors, where no authorities plus state power exist. After that, there is a word that identifies this and that is anarchy, which may be defined as “the state of the society being freely constituted without authorities or a regulating body, ” or in this instance, cryptoanarchy. All these questions are usually yet to be further discovered. Doing so will ensure the introduction of a better public policy in the direction of blockchain technology and a much better strategy for future DAOs. This short article does not contain investment suggestions or recommendations. Every investment decision and trading move entails risk, and readers ought to conduct their own research when creating a decision. The views, view expressed here are the author’s alone and do not necessarily reveal or represent the sights and opinions of Cointelegraph. Oleksii Konashevych is a Ph level. D. fellow in the Shared International Doctoral Degree within Law, Science and Technologies program funded by the EUROPEAN UNION government. Oleksii has been participating with the RMIT University Blockchain Innovation Hub, researching the usage of blockchain technology for e-governance and e-democracy. He furthermore works on the tokenization associated with real estate titles, digital IDs, public registries and e-voting. Oleksii co-authored a regulation on e-petitions in Ukraine, collaborating with the country’s president administration and serving because the manager of the nongovernmental e-Democracy Group from 2014 in order to 2016. In 2019, Oleksii participated in drafting legislation on Anti-Money Laundering plus taxation issues for crypto assets in Ukraine.