Law of the Future - The Podcast on Law & Technology with Dennis Hillemann

As a young lawyer I fought relentlessly on behalf of students who had been failed in their exams. I heard the same question over and over again, posed in various ways - had my clients crossed any legal lines? The answer was often a sobering yes; some had brazenly attempted to cheat, while others had inadvertently dipped their toes into plagiarism when it came to their dissertations and theses. There were countless blurred lines that, with the wrong footstep, could send a student from law-abiding to criminal. But debates like these are now a thing of the past, due to the emergence of ChatGPT and other AI assistants. Entire essays can now be written by an automated system and it's no surprise that some universities are putting an end to this, forbidding students to use AI-generated content. Is this necessary or do we all need to rethink our opinions on the matter?

In this episode, I share news on blockchain and crypto and also share my personal point of view on them. The news include: - A large blockchain initiative in China - Regulation of crypto & the SEC - India and its own CBDC Keep up to date wit the most important developments on #blockchain and #crypto and join The Blockchain Lawyers network www.blockchainlawyersnetwork.com

Again, this week I have compiled the most critical events in the blockchain, crypto, and NFT world — short and sweet with further references. To go where no blockchainer has gone before. Keep updated in the Blockchain Lawyers network to get daily updates!

Quentin Tarantino likes NFTs. Kenny loves Bitcoin — OneRepublic probably does too. Yet, the poorest people in the world suffer from crypto mining. Will Bitcoin City change that? What's new and noteworthy in blockchain, NFTs, and crypto in the week beginning 22 November 2021? I summarise the most important and entertaining developments. Read the article here: Blockchain, NFTs, Crypto: What's new this week? (11/27/21) | by Dennis Hillemann | Nov, 2021 | Medium

Germany has voted. The new federal government will be formed by the parties SPD, Greens, and the liberal FDP. Today, 24.11.2021, the three governments presented their new coalition agreement at 3 pm. I immediately evaluated the coalition agreement and overviewed the new government plans for blockchain technology and cryptocurrencies. In doing so, I have initially focused on the contents of the contract in which Blockchain or cryptocurrencies are explicitly mentioned. In this episode, Dennis gives an overview.

In his latest article on LinkedIn, Dennis explains what moved the blockchain world in the week beginning 15 November 2021. You can find the audio version of the article here. If you want to read the article, you can find the link here: https://www.linkedin.com/pulse/whats-going-blockchain-space-week-dennis-hillemann/?trackingId=u48ShnvFQqW2krElkRg7HQ%3D%3D

Germany has voted, and the three "election winners" SPD, Bündnis 90/Die Grünen, and FDP want to form a government together. Coalition negotiations between the parties are still ongoing. Thus, the formation of a government by the three parties is far from decided. But the three parties' exploratory paper of 15 October 2021 provides a glimpse into the future. In today's podcast, I present essential key points and give an outlook on what this means legally for the state, authorities, and citizens. In doing so, we focus on the topics of the state, digitalization, climate protection, and innovation competition. Contact Dennis at dennis.hillemann@fieldfisher.com

Ash Costello joins us for our latest edition of the Podcast.  She is a lawyer specialising in blockchain and privacy, with a background in financial services.  During our Podcast, we chatted about her work on NFTs as her role as a Member of the Expert Panel of EU Blockchain Observatory and Forum (https://www.eublockchainforum.eu/).  We also discuss her work on Hashed Privacy, a risk assessment tool to analyse the privacy risk within blockchain entities, as well as recent blockchain and privacy developments. 

In May 2021, a Dutch court found that large companies have climate responsibility and ordered Shell and its subsidiaries to do more to protect the climate. The ruling, which also attracted much attention internationally (and especially in Germany), also sent German climate activists into raptures. Even then, it was clear that it would only be a matter of time before such lawsuits were filed in Germany as well. Now the time has come. Dennis explains the new form of lawsuits and his point of view on them.

On July 1, 2021, the new German "Glücksspielstaatsvertrag" (State Treaty on Gambling) will come into force. Online gambling such as virtual slot machines, online casinos, and online poker will then be legal in Germany. The German Market will be opened up. Providers need a state permit to operate. Operation is subject to state supervision and complex legal restrictions. The permit process and operation require technology to be aligned with legal requirements. Read the article here: https://www.fieldfisher.com/en/insights/germany-allows-online-gambling

The German government wants to introduce a supply chain law before the end of this legislative period. Under the proposed rule, large companies will have to monitor and promote human rights compliance in their supply chains from 2023. Blockchain technology can help companies meet the requirements of the law. However, the possibilities of blockchain go far beyond that. Implementing a blockchain in your supply chains now can simultaneously benefit from the efficiencies and technical capabilities that blockchain technology offers.

The GameStop hype is no Robin-Hood like „poor vs. rich“ game. It is massive market manipulation. It shows: We fail to regulate Social Media. Communities manipulate markets, Gurus like Musks drive prices. Why this is wrong, and how we can change it.

Dennis explains why he rebranded the podcast. He then discusses the Trump vs. Twitter scenario - and why he is fine with Twitter banning Trump. But how should we regulate Social Media in the future?

Could Bitcoin be banned under German law? Let‘s look at the constitutional aspects on this matter. Is bitcoin protected by our constitution?

Regulating Facebook, Twitter & Co. is not about cutting freedom. It's about saving it. For the benefit of all, including the companies themselves.

The German government has published a new statement on blockchain, crypto assets, libra and CBDC. It remains pretty clear that Germany sees a huge potential in the blockchain technology, but will also be on line with the plans of the European Union. https://dhillemann.medium.com/german-government-new-paper-on-blockchain-cbdc-libra-b80348de8c11?sk=e1a76020ff25e5b3d1c3085669cd1fd3

Germany wants to digitze the world of shares, stocks, securities – via a soft evolution instead of a hard revolution. And No. 3 is a must-know. Join me in The Blockchain Lawyers Network. You'll love it as much as I do. https://www.blockchainlawyersnetwork.com/share/QBdblDam1wiy1bFD

In this episode, we take a step back: What is blockchain, what are its benefits - and what are the use cases in the Public Sector? Learn more in this article from the host Dennis Hillemann on Medium. Link to the article: https://medium.com/@DHillemann/why-the-public-sector-should-care-about-blockchain-now-30cad75abb59 Link to the Blockchain Lawyers Network: www.blockchainlawyersnetwork.com

What are the use cases for blockchain in the public sector? How can blockchain benefit governements and citizens in their relations? And how can blockchain contribute to sustainability? Learn more on Ep. 35 of The Blockchain Lawyer. Apple https://apple.co/352kYV6 Spotify https://spoti.fi/2LCZcjt Google https://bit.ly/2Yhcebe Also: Join me in The Blockchain Lawyers Network. You'll love it as much as I do. https://www.blockchainlawyersnetwork.com/share/QBdblDam1wiy1bFD

Blockchain failed during the COVID-19 crisis. Why? No use cases. See it different? Let me know. Fortunately, after a little rant, Dennis dives deep into the developments in China. There are two important developments: The first initiative pertains to the country's central bank digital currency, named DCEP, which is reportedly being tested in four local cities.  The second development is related to Blockchain-based Service Network, or BSN, which is currently said to be fully operational. What does it mean for the blockchain world? Find out in this week‘s episode. Also: Join me in The Blockchain Lawyers Network. You'll love it as much as I do. https://www.blockchainlawyersnetwork.com/share/QBdblDam1wiy1bFD

In this Episode, Dennis explains what The Blockchain Lawyers Network is aimed at and what value it will provide. Join me in The Blockchain Lawyers Network. You'll love it as much as I do. https://www.blockchainlawyersnetwork.com/share/QBdblDam1wiy1bFD

The world is facing huge global challenges: Climate change, overpopulation, massive amounts of waste, worldwide pollution. We all know: something needs to change. And yet: We are all still too wrapped up in our own problems and goals. Companies are not yet ready to commit themselves completely to sustainability, because they also have to make a profit. Anthony Day of IBM says: We can change the world. Through networks that can ensure sustainability on the one hand and profits for companies on the other. So that our children can have a great world, too. And Blockchain can play an important role in this - how it can all happen, why it's important to him (and us), Anthony explains in this episode. Anthony is a Partner in IBM's UK & Ireland Blockchain team. He leads digital transformation and business network initiatives for IBM and its clients, where Blockchain is one of the underlying technologies. His passion is the intersection of emerging technology and projects that can have a meaningful social or climate impact. With an education in Supply Chain Management and a professional background in Digital Strategy, Anthony focuses on helping his clients achieve growth, define scalable ecosystem strategies and launch new businesses powered by exponential technologies. Links to interesting Blockchain projects: UN SDGs: https://sustainabledevelopment.un.org/ Project Drawdown: https://www.drawdown.org/ Food Trust: https://www.ibm.com/blockchain/solutions/food-trust Yara: https://newsroom.ibm.com/2019-04-26-Yara-and-IBM-join-forces-to-transform-the-future-of-farming Food Cloud: https://food.cloud/ Trade Lens: https://www.tradelens.com/ TenneT: https://www.tennet.eu/our-key-tasks/innovations/blockchain-technology/ Plastic Banks: https://plasticbank.com/

Blockchain is a fantastic technology that can also protect privacy ("privacy by blockchain design"). And yet: There are big questions whether blockchain and EU-GDPR are compatible. Olga Stepanova explains the biggest challenges: Who is the controller on a blockchain in terms of EU-GDPR? How do we solve the claim to the "right to forget" in a blockchain that does not forget? Is it okay that in a blockchain the data is stored worldwide? The big questions - all addressed in this episode. Olga Stepanova is a German Attorney at Law and certified Data Protection Officer at WINHELLER Rechtsanwalts GmbH. She is particularly interested in new technologies, e.g. Blockchain, Big Data, artificial intelligence. She advises companies, associations and the public sector on digitization and, as author and speaker, draws attention to the challenges of the digital economy.

Can a software development team be led by a lawyer? Sure, says David Saive - and presents an innovative blockchain solution for the maritime industry. He not only presents it to us, but also explains why, in his view, the future of software development lies in "Compliant Programming": a collaboration between lawyers and developers from the very beginning of a software project. David Saive is a research associate and doctoral student of Prof. Dr. Prof. h.c. Jürgen Taeger at the Carl von Ossietzky University Oldenburg. He is researching the possible applications of blockchain technology in maritime law as part of the governmental-funded research project HAPTIK (haptik.io). In this context, he is also investigating the effects of digitization on legal practice. * Herbstakademie der DSRI: https://www.dsri.de/herbstakademie/herbstakademie.html * Grundgutachten des BMVI zu Blockchain in der Logistik: https://www.bmvi.de/SharedDocs/DE/Artikel/DG/blockchain-grundgutachten.html * LinkedIn-Präsenz unseres Projekts: linkedin.com/company/haptik  Link to the Blockchain Lawyers Network: www.blockchainlawyersnetwork.com

Estonia - a small country, but incredibly digitalised. An El Dorado for Blockchain entrepreneurs and also Crypto enthusiasts. Because here it is possible to get a license for the crypto trade easily and safely. Ferhat Ziba is a German entrepreneur and explains to us exactly how he went about it. Fascinating and a role model for the whole world - Esland is right at the top of the Crypto League. He also introduces us to his new project - an Exchanger with an attached peer-to-peer platform. Ferhat Ziba is an entrepreneur in the IT, security and crypto-currency business. He started software development in 2005. Ferhat Ziba studied computer science at the University of Hamburg and has been working professionally as a software developer since 2005. In 2011 he got in touch with blockchain technology and started as an OTC trader in 2013. He currently owns an IT company in Hamburg, with which he manages IT projects in his development office in Istanbul and Izmir. He also advise customers in Blockchain Technologies. At the end of 2019 he founded MeduseTechnolgy in Estonia, with which he will start a Licensed Exchanger in 2020. IT-Company Website: https://www.hansehype.com Contact Information: ferhat@hansehype.de Personal Site (German): https://www.ferhatziba.com Instagram: fero46 twitter: fero46 Exchanger Website: https://www.meduse.io (available end of Februar)

On the 30th of January 2020, the German Government held a round-table on blockchain and EU-GDPR which I attended. Here‘s my summary.

The token economy will come. Blockchain fans and companies see a huge opportunity in it, but many governments (such as the German one) also believe in a radical change of the economy of the future. In a paper published at the beginning of 2020, the OECD devotes itself to the token economy and examines it in depth, particularly with regard to its potential, use cases and risks. In this episode Dennis summarizes the impressive paper and also describes his personal opinion on the most important points. The paper can be downloaded here: http://www.oecd.org/finance/the-tokenisation-of-assets-and-potential-implications-for-financial-markets.htm

The regulation of blockchain is not easy. Many lawyers are curious about the technology but do not understand it. Then the technology offers many advantages - but what are its disadvantages? Which issues need to be regulated legally and which do not? Can the state even do that? Who is better suited for this? How must lawyers change their thinking and work to get a grip on such new technologies? Michael Kolain explains all this and more to us in this episode. As a fully qualified lawyer, he is currently working in the program area "Transformation of the State in Times of Digitalization" at the Research Institute for Public Administration. He is involved in the research projects "Algorithm Control as a Regulatory Task", "Social Media Monitoring" and "Digital Regulatory Law and Digital Security" and is an expert on the topic - and a more than pleasant interview partner. You can find more about Michael here: http://www.foev-speyer.de/de/institut/personen/michael-kolain.php

In the last episode for 2019, we look into the French plans for blockchain technology and cryptocurrencies, especially the e-euro. We compare it a little to the new German legislation, before Dennis then heads into reflecting his year in blockchain. Finally, he has an outlook onto 2020.

Tokenization of IP rights will come. Companies like Lexit, Molecule or the Open Innovation Platform DEIP are looking for ways to tokenize and liquidate IP rights for different reasons (like M&A or just to increase collaboration in innovation). Esen Esener, LL.M, LL.M, will give the listeners insights on this topic. Esen is a Turkish lawyer based in Berlin with a particular interest in blockchain and law. She holds two master degrees in IT & IP law from Germany and Norway with a thesis on "smart contracts from the European contract law perspective". She lately gained experience in Fintech industry and keeps expanding her knowledge about blockchain. As a personal project, she writes on her blog about various topics on legal aspects of blockchain. Here are the links to her profiles on the web: https://www.linkedin.com/in/esen-esener/ https://twitter.com/e_litae https://medium.com/@esenesener

In July 2018, Malta became the main country for cryptos when they implemented an official legislative package for Blockchain, Cryptocurrency, and Distributed Ledger Technology (DLT) operators. What is the regulation on Malta about, what are my views on it, what can we all learn from it? An overview.

Both GDRP and Blockchain technology are relatively young. There are tensions between the basic principles of GDPR and the blockchain - but what are they? An overview.

A new legislation enables banks to sell and store cryptocurrencies from January 1, 2020. What does the new law regulate - and what does it mean for the blockchain technology in Germany?

Can the Household exemption be applied on privately motivated but public Blockchain transactions? An exception to the material scope of the GDRP in connection with blockchain technology (CNIL opinion) Exceptions in the GDRP system in connection with the blockchain technology are a controversial law institute in jurisprudence. Controversial is also the application of the exemption from the material scope with respect to the processing of personal data by a natural person in the course of a purely personal or household activity: and thus without any reference to a professional or economic activity. This exception is systematically covered by Article 2 para 2 c) GDRP and the corresponding recital No. 18 for the GDRP. These concern “the processing of personal data by a natural person in the course of a purely personal or household activity: and thus without any reference to a professional or economic activity”. Nevertheless, the classification of the processing as processing in the course of a purely personal or household activity is problematic, since the classification of the actors in the blockchain applications encounters legitimate difficulties. When looking at solutions, one also encounters the well differentiating opinion of the French CNIL. The view of CNIL, according to which the GDRP does not apply, if a blockchain is used only for personal purposes, for example for a Bitcoin transaction, represents a successful solution, particularly since CNIL justified the legitimate differentiation between the actors (Miner, Software Developers and joint controllers for processing). Besides, the CNIL is aware of the practical difficulties in public blockchains and points out that this remains reserved for a deeper consideration.

What‘s new concerning regulation of Blockchain and Crypto? - News from Wyoming on blockchain banks - UK: Are cryptos property? - News from China

In the sequel to EP. 17, Dennis explains if the Federal German Government can actually realize its Blockchain Strategy under the German constitution. Does it have the competences? What role plays the European Union?

The German constitution was written in 1949. Satoshi Nakamoto‘s whitepaper on bitcoin is from 2008. Can such a revolutionary technology work well with our constitution? In the first episode of my deep-dive into the German constitution - as an example for all Western democratic constitutions -, I will focus on blockchain & civil liberties.

More and more regulators are worried about criminals who are increasingly using cryptocurrencies for illegal activities like money laundering, terrorist financing, and tax evasion. The problem is significant. What is the EU‘s point of view on the matter - and what does a study propose concerning legal matters?

The Chinese state digital currency has long been developed. Now it could come this Or the following year to market launch. China could be the first major economy to introduce its digital currency. What do we know so far about it - and why do I think it could change the world dramatically?

China has passed new bloclchain related laws. The announcement came one day after Chinese President Xi Jinping called on the country to seize opportunities in blockchain technology. Is China outrunning Europe and the US? Why are good laws on blockchain so important for all of us - and why is there now a race of policy makers worldwide? What can we all do to not lose this race?

Lately I‘ve seen quite a few pitches from young start-ups concerning blockchain. Even though they have a fantastic blockchain use-case, they fail. Why? I point out three basic mistakes I‘ve witnessed from a neutral point of view.

Voting procedures are an indispensable part of democracy. The Blockchain technology enables to carry out the voting procedure using The blockchain system. But how does it work, and has it already been used?

Did Facebook understand the challenges EU-GDPR imposes for blockchain technology? An addition to Ep. 10 on Libra - and a deep dive on EU-GDPR challenges for Mark Zuckerberg‘s big project.

- In 2020, the Libra Association lead by Facebook wants to go live with a new cryptocurrency: Libra. In theory, if you open up your Facebook account in the middle of 2020, you might find a new crypto wallet inside - and you might own Libra, a stablecoin, with that you can pay everyone and everywhere. Libra could be one of the top three cryptocurrencies. Estimations are that, after its launch, it would grow within three months to a market capitalization of around 250 billion dollars, nearly then matching Bitcoin and perhaps surpassing Ethereum. But do we want this? Before we answer this question, it‘s important to know: What is Libra? What is a stablecoin? Who partners with Facebook? What is the current state of regulation on Libra? Dennis eventually shares his personal thoughts on Libra, which are slightly different from the mainstream coverage on the project.

The blockchain also allows the use of so-called smart contracts; "Smart contracts”, which are closed independently of elaborate third parties such as notaries and still ensure legal certainty. But what are smart contracts and how do they work? Why can Dennis explain it via a cat, a bell and cat candy? What will smart contracts do for our future - and what role will they play in the future machine to machine economy?

Ethereum was developed by a Russian-Canadian programmer Vitaliy Buterin and is a public, open-source platform based on blockchain offering smart contracts. Launched in 2015, Ethereum is the world´s leading programmable blockchain. But what is Ethereum? What are the differences to Bitcoin? What are smart contracts, what are DApps? What is the outlook for Etheruem & ETH?

Bitcoin wrote a giant success story in a short time: from origin and market launch 2009 to the largest market capitalization of cryptocurrencies worldwide, Bitcoin has achieved so much in the past 10 years. But what is Bitcoin? What is the original idea of the virtual money? How does the technology behind it work? What will happen to Bitcoin in the future? Will one Bitcoin really be worth hundreds of thousands of dollars?

Eight pages that changed the world:: Satoshi Nakamoto published a white paper in a cryptography mailing list on November 1, 2008, titled "Bitcoin: A Peer-to-Peer Electronic Cash System." It is the origin of Bitcoin and the blockchain technology of today. But what is it about? Why is it still so brillant?

It's time to reduce our CO2 emissions. But is blockchain technology one of the keys? What is the negative impact of Bitcoin mining on our climate? Which blockchain projects want to prevent climate change - and what is the Swytch project about? Learn about this and more on this new episode of The Blockchain Lawyer.

The Federal German Government has just released - in German - their strategy paper for blockchain and digital tokens. It‘s a fantastic step forward to embracing blockchain and its benefits on so many levels. Germany wants to become a big player in the blockchain development. This episode goes through the paper in English, making it available to a broad audience, by summarizing the key elements. What is Germany planing?