Legal risk of blockchain
Although driven by the influx of capital and talents, the blockchain instry ushered in rapid development, but as an emerging instry, the frequent warning of its security vulnerabilities caused people to worry about the risk of blockchain
Yu Kequn, director of the national information technology security research center, pointed out that the emergence of blockchain has brought people a lot of expectations for privacy exposure, data leakage, information tampering, network fraud and other issues. However, there are still many challenges in the security of blockchain 
Li Bin, assistant director of China Information Security Evaluation Center, analyzed that the current blockchain is divided into three types: public chain, private chain and alliance chain. No matter which type, it faces security challenges in algorithm, protocol, use, time limit and system. What is particularly critical is that the current blockchain is still facing 51% attack problem, that is, nodes can successfully tamper and forge blockchain data by mastering more than 51% of the network examples
it is worth noting that in addition to external malicious attack risk, blockchain also faces the threat of its endogenous risk. Yu Kequn reminded that how to build a complete security application system around the equipment, data, application, encryption, authentication and authority of the application system of the whole blockchain is an important problem that all parties must face
Wu Jia also analyzed that as an emerging instry, employees in the blockchain instry are lack of safety awareness, which leads to the low safety factor of the software and hardware related to the blockchain and a large number of security loopholes. In addition, there are many ecological links in the whole blockchain. In contrast, the strength of the relevant security employees is scattered and it is difficult to form a joint force to solve the problem. A systematic solution is needed to meet the above challenges
content source: zhongxin.com
Yu Kequn, director of the national information technology security research center, pointed out that for privacy exposure, data leakage, information tampering, network fraud and other issues, the emergence of blockchain has brought a lot of expectations to people. However, there are still many challenges in the security of blockchain
Yu Kequn said that at present, the blockchain is still in the primary stage, and there are many challenges such as the security of cryptographic algorithm, protocol security, use security, system security and so on
Yan Hanbing, director of the operation Department of the national Internet Emergency Center, also pointed out that if blockchain wants to occupy an important position in the global economy, it must first solve the security problems it faces
Yan Hanbing pointed out that blockchain security issues include many aspects. For example, traditional security issues, including the protection of private key, including the traditional vulnerabilities of application layer software. In addition, there are some loopholes in the new protocol
the data provided by the decentralized vulnerability platform (DVP) also shows the seriousness of blockchain security issues. Wu Jia, head of DVP, revealed that in the week since July 24, DVP has received 312 vulnerabilities from white hat, involving 175 project parties. Including smart contracts, well-known public chains, exchanges and a series of other projects. There are 122 high-risk vulnerabilities, accounting for 39.1% of all vulnerabilities, and 53 medium risk vulnerabilities, accounting for 17% of all vulnerabilities
Li Bin, assistant director of China Information Security Evaluation Center, analyzed that the current blockchain is divided into three types: public chain, private chain and alliance chain. No matter which type, it faces security challenges in algorithm, protocol, usage, time limit and system. What is particularly critical is that the current blockchain is still facing 51% attack problem, that is, nodes can successfully tamper and forge blockchain data by mastering more than 51% of the network examples
it is worth noting that in addition to external malicious attack risk, blockchain also faces the threat of its endogenous risk. Yu Kequn reminded that how to build a complete security application system around the equipment, data, application, encryption, authentication and authority of the application system of the whole blockchain is an important problem that all parties must face
Wu Jia also analyzed that as an emerging instry, employees in the blockchain instry are lack of safety awareness, which leads to the low safety factor of software and hardware related to the blockchain, and there are a lot of security loopholes. In addition, there are many ecological links in the whole blockchain. In contrast, the strength of relevant security employees is scattered, and it is difficult to form a joint force to solve the problem. A systematic solution is needed to meet the above challenges.
Blockchain itself is not illegal, but if it is used illegally, it is illegal
Li Bin, deputy director of Chongqing big data application and development administration, said that as a disruptive innovative frontier technology in the field of big data intelligence, the Chongqing municipal government attaches great importance to active layout, and the municipal government and Yuzhong District Government jointly build a blockchain base. In the second half of last year, the government issued the opinions on accelerating the cultivation and innovative application of blockchain instry, It has officially launched the construction of a place for strategic innovation of blockchain
while actively encouraging the technological progress and instrial development of blockchain, we will resolutely prohibit the illegal use of blockchain technology in accordance with the requirements of relevant national policies
at present, China's blockchain technology and application continue to innovate, and are graally applied in supply chain finance, credit reference, proct traceability and other fields, with huge development space. As a new technology, if blockchain wants to realize large-scale practical application, it must strengthen the cooperation of instry, University, research and application, and promote the continuous development and maturity of technology and application
since 2017, the development of blockchain technology has aroused the deep concern of the government, enterprises and other sectors. Because of its decentralized, tamperable and traceable characteristics, blockchain attracts investors to add weight to this new technology field. For the previous hot speculation of blockchain technology, the cognition of it and investment circles has become increasingly rational
extended data
"Regulations on the management of blockchain information services (Draft)"
Article 9 blockchain information service providers and users shall not use blockchain information services to engage in activities that are prohibited by laws and regulations, such as endangering national security, disrupting social order, and infringing the legitimate rights and interests of others, and shall not use blockchain information services to proce and use blockchain information services Copy, publish and disseminate information prohibited by laws and regulations
Article 13 a blockchain information service provider shall, as the case may be, take such measures as warning, limiting functions, closing account numbers, etc. for users of blockchain information services who violate laws, regulations and service agreements, so as to timely eliminate illegal information, prevent information diffusion, keep relevant records, and report to relevant competent authorities
Article 18 If a blockchain information service provider, in violation of the provisions of Article 9 of these Provisions, makes, copies, publishes and disseminates information content prohibited by laws, regulations and relevant national regulations, the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government shall give a warning and order it to correct within a time limit according to law
if the circumstances are serious or refuse to correct, the service shall be ordered to suspend, and a fine of not less than 5000 yuan but not more than 30000 yuan shall be imposed, until the relevant departments close the service according to law. If a crime is constituted, criminal responsibility shall be investigated according to law
If a blockchain information service user violates the provisions of Article 9 of these provisions and makes, copies, publishes and disseminates information content prohibited by laws and regulations and relevant national regulations, the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government shall deal with it in accordance with relevant laws and administrative regulations
Article 19 If a blockchain information service provider violates the provisions of Article 6 of these provisions and fails to mark its record number on its network platform, the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government shall order it to make corrections within a time limit according to its ties, and if it refuses to make corrections, it shall be given a warning and fined not less than 5000 yuan but not more than 10000 yuan
Article 20 If a blockchain information service provider violates the provisions of paragraph 1 of Article 4 of these provisions and fails to go through the filing proceres in accordance with these Provisions, the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government shall order it to make corrections within a time limit according to its ties, and if it refuses to make corrections or if the circumstances are serious, it shall be given a warning and fined not less than 10000 yuan but not more than 30000 yuan
Article 21 if the blockchain information service provided by the blockchain information service provider has potential information security risks, the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government shall, according to its ties, order it to rectify and suspend the service within a time limit, and continue to provide information services until it meets the relevant requirements of laws and regulations and national mandatory standards after rectification
if the blockchain information service provider violates the provisions of Article 4, paragraph 2, Article 8, Article 11, Article 12, Article 15 and Article 16 of these Provisions, the state and local Internet Information Office shall give a warning and order it to correct within a time limit according to its ties; If the circumstances are serious or if he refuses to make corrections, he shall be ordered to suspend service and be fined not less than 5000 yuan but not more than 30000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law
if the blockchain information service provider violates the provisions of Articles 10, 13 and 14 of these Provisions, it shall be handled by the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government in accordance with the provisions of the network security law of the people's Republic of China
the current blockchain project compliance is divided into two sections:
first, blockchain coin issuing project compliance: Foundation + legal compliance opinion
often referred to as ICO, IEO, etc. first of all, we build overseas entities. Generally speaking, most coin issuing entities choose Singapore foundation. It is a non-profit company in the form of XX Foundation Ltd. Finally, a legal compliance opinion is issued by a Singapore lawyer. The content of the legal opinion includes the amendment of a white paper and the token non securitization certificate, which is mainly to make the project comply with the laws of Singapore. This legal opinion is also needed for the later docking of the project with the currency on the exchange< Second, blockchain exchange project compliance: subject company + digital currency trading license:
license is one of the important compliance documents of the platform. It is equivalent to a business license. In particular, after Huoyuan won the Japanese license, the US license and applied for the Canadian license, the license was pushed to a new height. Obtaining the US MSB license also means that the company can reasonably conct business in most states of the United States. This is the reason why the major platforms have started to apply for licenses. If they want to carry out business formally and legally, they have to apply for licenses
for example: MSB digital currency exchange license in the United States, MTR digital currency + Wallet al license in Estonia, austrac digital currency license in Australia, etc
the role of MSB license in the United States:
1. American MSB license is famous, packaging platform and good publicity
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3. It can increase the trust of customers, enhance their visibility, and make the platform develop better and faster in compliance
advantages of MSB license
1. Investor recognition - Corporate Law and financial instry regulation in the United States are very perfect. With a U.S. license, your digital currency trading platform will be more recognized by global investors
2. Get authoritative approval - with the authoritative approval of the U.S. Treasury Department, you can carry out relevant business in the United States and around the world, which represents the compliance supervision of digital currency platform
3. Become a first-line platform -- MSB license is also a standard license for global digital currency trading institutions. Coinbase, bitfinex, poloiex, hotcoin.com, OK, coin security exchange and other platforms all hold this license to operate
4. Diversified services - MSB license allows currency exchange and delivery services, so that you can better meet customer needs and provide more diversified services
why is the license so important for the trading platform? First of all, people in the traditional foreign exchange circle know that the foreign exchange platform has the importance of supervising the license. Even such a traditional mode will create a future trading platform. Therefore, the license plate is bound to become a trend of development
Using blockchain technology to store and issue electronic evidence is the basis of the application of blockchain technology in the legal field
in the whole life cycle of electronic data generation, collection, transmission and storage, blockchain technology can protect electronic data, prevent tampering, and leave traces of data operation
using blockchain technology to preserve electronic evidence, the electronic data that needs to be deposited is recorded in the form of transaction, stamped with time stamp, and recorded in the block, so as to complete the process of data preservation and deposit. In the process of data storage, multiple participant nodes witness together and maintain a distributed ledger, which greatly reces the possibility of data loss, tampering and attack
the combination of blockchain and electronic data storage can rece the cost of electronic data storage, facilitate electronic data collection and evidence identification, and improve litigation efficiency
As an E-contract platform that focused on blockchain technology as early as 2015, we have taken the lead in the instry to set up a blockchain team in the early stage, invested in the research of cryptography, distributed ledger storage structure, consensus mechanism and other core underlying technologies of blockchain, explored the application scenarios of blockchain technology in the legal science and technology instry, and cooperated with a number of domestic authoritative judicial appraisal institutions and The notary office has set up a certificate storage alliance chain. At present, the legal department mainly applies blockchain technology to the field of electronic data distributed certificate storage, including contract certificate storage, e-mail certificate storage, document certificate storage, structured data certificate storage, etc
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