States like Vermont and Arizona, in the
US, also take advantage of technologies such as smart contracts to improve the
services of their companies.
Illinois is one of the states that conducted
investigations related to cryptocurrencies and blockchain technology to take
advantage of this platform which stores and shares information securely.
As part of this process of investigation, to make
possible a future and positive adoption, the Blockchain Technology Act of
Illinois explains basic concepts such as blockchain, cryptographic hash, smart
contract, electronic record, as well as some basic rules related to
blockchain’s world.
Said law, sponsored by Keith R. Wheeler, who is a
republican member of the Illinois House of Representatives, entered into force
last January 1st, 2020.
The Blockchain Technology Act could work as a base for
blockchain-based contracts. Also, it is just at
this point where the state is working currently. These contracts are now a
viable and admissible alternative to paper-based records.
“A smart contract, record or signature may not be
denied legal effect or enforceability solely because a blockchain was used to
create, store or verify the smart contract, record or signature”, the law reads
in part.
Now, Illinois is another region of the United States
which recognizes smart contracts in legal settings. One of the firsts states in
accepting this technology was Vermont, which recognized smart contracts in
2016. It made blockchain records admissible in court. After that, Arizona, one
year later, approved similar legislation recognizing blockchain firms.
What Is the Law About?
The Illinois law gives the same legal recognition
already enjoyed by paper contracts to blockchain contracts and agreements so
that they are recognized by the state as legally binding.
It also shields the blockchain industry from local government
interference since many users prefer the decentralization that blockchain technology
offers. This means that cities and towns cannot impose taxes and regulations or
require licensing or permits on blockchain systems or for those who use them.
“The law ensures that businesses and individual
community members will not have to navigate a patchwork of local blockchain
regulation,” said Alison Mangiero, President of
blockchain technology company TQ Tezos and who proposed this special bill for
Illinois to adopt blockchain technology.
The Benefits
Backers of the law in Illinois consider that it is a
means of providing companies and businesses with a legal framework for
embracing new technologies. Governor J.B. Pritzker signed the measure into law
in August.
Mangiero agrees. She said legal certainty and
stability will allow firms to focus their efforts on developing new uses for
the technology, including facilitating transactions.
Tatyana Ruderman, counsel at InfoLawGroup’s Chicago
offices, said the law could help companies looking to utilize blockchain-based
records systems. But she said the law’s wording is vague in some parts. For
this reason, she predicts this law could face a legal challenge in the future.
“The law is likely to be tested in courts by parties
who later want to try and invalidate a blockchain transaction”, she said.
Ruderman added the Illinois law’s success may be
hindered by its borders. This is because if
another state, like neighboring Indiana, does not recognize
smart contracts, it does not mean that other
states will recognize smart contracts too.
“It may not make sense for businesses that operate
outside Illinois to implement blockchain-based contract management only in
Illinois and not elsewhere (…) This may be an area where it makes sense for the
industry to come together and agree on some standards to fill the gaps”, she
explained.
By María Rodríguez
States like Vermont and Arizona, in the
US, also take advantage of technologies such as smart contracts to improve the
services of their companies.
Illinois is one of the states that conducted
investigations related to cryptocurrencies and blockchain technology to take
advantage of this platform which stores and shares information securely.
As part of this process of investigation, to make
possible a future and positive adoption, the Blockchain Technology Act of
Illinois explains basic concepts such as blockchain, cryptographic hash, smart
contract, electronic record, as well as some basic rules related to
blockchain’s world.
Said law, sponsored by Keith R. Wheeler, who is a
republican member of the Illinois House of Representatives, entered into force
last January 1st, 2020.
The Blockchain Technology Act could work as a base for
blockchain-based contracts. Also, it is just at
this point where the state is working currently. These contracts are now a
viable and admissible alternative to paper-based records.
“A smart contract, record or signature may not be
denied legal effect or enforceability solely because a blockchain was used to
create, store or verify the smart contract, record or signature”, the law reads
in part.
Now, Illinois is another region of the United States
which recognizes smart contracts in legal settings. One of the firsts states in
accepting this technology was Vermont, which recognized smart contracts in
2016. It made blockchain records admissible in court. After that, Arizona, one
year later, approved similar legislation recognizing blockchain firms.
What Is the Law About?
The Illinois law gives the same legal recognition
already enjoyed by paper contracts to blockchain contracts and agreements so
that they are recognized by the state as legally binding.
It also shields the blockchain industry from local government
interference since many users prefer the decentralization that blockchain technology
offers. This means that cities and towns cannot impose taxes and regulations or
require licensing or permits on blockchain systems or for those who use them.
“The law ensures that businesses and individual
community members will not have to navigate a patchwork of local blockchain
regulation,” said Alison Mangiero, President of
blockchain technology company TQ Tezos and who proposed this special bill for
Illinois to adopt blockchain technology.
The Benefits
Backers of the law in Illinois consider that it is a
means of providing companies and businesses with a legal framework for
embracing new technologies. Governor J.B. Pritzker signed the measure into law
in August.
Mangiero agrees. She said legal certainty and
stability will allow firms to focus their efforts on developing new uses for
the technology, including facilitating transactions.
Tatyana Ruderman, counsel at InfoLawGroup’s Chicago
offices, said the law could help companies looking to utilize blockchain-based
records systems. But she said the law’s wording is vague in some parts. For
this reason, she predicts this law could face a legal challenge in the future.
“The law is likely to be tested in courts by parties
who later want to try and invalidate a blockchain transaction”, she said.
Ruderman added the Illinois law’s success may be
hindered by its borders. This is because if
another state, like neighboring Indiana, does not recognize
smart contracts, it does not mean that other
states will recognize smart contracts too.
“It may not make sense for businesses that operate
outside Illinois to implement blockchain-based contract management only in
Illinois and not elsewhere (…) This may be an area where it makes sense for the
industry to come together and agree on some standards to fill the gaps”, she
explained.
By María Rodríguez