Blockchain-Based Financial Investments and the Role of Regulatory Authorities: The Italian Perspective

CONSOB is the national Authority controlling the Italian regulatory market. The role of all type of gatekeepers, such as CONSOB, has indeed being challenged by the advent of distributed ledger technologies (such as the blockchain technology) and the real

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ckchain, Law and Governance

Blockchain, Law and Governance

Benedetta Cappiello • Gherardo Carullo Editors

Blockchain, Law and Governance

Editors Benedetta Cappiello Department of Italian and Supranational Public Law University of Milan Milan, Italy

Gherardo Carullo Department of Italian and Supranational Public Law University of Milan Milan, Italy

ISBN 978-3-030-52721-1 ISBN 978-3-030-52722-8 https://doi.org/10.1007/978-3-030-52722-8

(eBook)

© Springer Nature Switzerland AG 2021 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Springer imprint is published by the registered company Springer Nature Switzerland AG. The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

Foreword

Among the various characteristics generally attributed to blockchain (and DLTs), it can be firmly held that blockchain is a transactional technology. The fact has become widely accepted, and regardless of the qualification that should be given to it (and the importance of semantic), a consensus is emerging on the necessity to study its impact. That is fortunate. Indeed, blockchain modifies the quadriptych introduced by Lawrence Lessig in his book Code as regards the constraints exercised on all subjects when they engage with the rest of society: architecture, social norms, the market and the law. Many challenges arise from the new dynamism it creates. Of course, blockchain central characteristics (such as immutability) is a primary reason why it is being used. It allows interactions in a given framework, making the architectural constraint more preeminent. In the meantime, social norms and markets are coming into greater conflict. On the one hand, blockchain interactions are guided by the values conveyed by each ecosystem, while on the other hand, all exchanges are strongly influenced by economic incentives. Giving a closer look at blockchain forks provides