EGONOMIST

We invented counting to keep everyone fed, then turned the balance sheet into a battlefield.

Economics began as oikonomia—the simple, humble stewardship of a shared home. When ego took the pen, sharing became scoring, and counting became conquest. The math never shed a drop of blood; it is only the pride behind the balance sheet that demands a sacrifice.

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Egonomic Anonymous · Legalese

The Path of the Blockchain Lexicon (and the Law)

A 2017 working draft by Angela Walch on how unsettled, contested vocabulary around blockchain technology creates real problems for regulators—and for anyone relying on claims of “immutability.” Working draft; do not cite without the author’s consent.

Angela Walch, Associate Professor at St. Mary’s University School of Law, prepared this paper for the 2017 Fintech Symposium at Boston University School of Law. It examines the linguistic fog surrounding blockchain and distributed ledger technology (DLT) and the risks that fog creates when lawmakers, regulators, and institutions act on it.

The core argument: the rapidly shifting, contested vocabulary makes it hard to identify the facts about the technology, to distinguish among its many variants, and to communicate clearly. This raises the chances of regulatory capture, inconsistent rules, and “perverse innovation.”

The mutable meaning of “immutable”

Part III focuses on the single most-used selling word: immutable. Walch argues that treating “immutability” as a defining feature of blockchain technology is misleading for two reasons:

  1. Real-world events show the unchangeable nature of a blockchain record is always limited by the decisions of its human governors. Bitcoin forked in March 2013; Ethereum rolled back its ledger after the 2016 DAO hack. People can (and have) overridden the technology.
  2. The source of any “immutability” is disputed—proof-of-work, hashing, block chaining, social consensus, or something else. It is therefore unclear whether any particular variation (permissioned or permissionless, different consensus mechanisms) may fairly be described as creating an immutable record.

Using the ordinary dictionary meaning (“not capable of or susceptible to change”) does not match the technology’s actual behavior. Even strong advocates describe Bitcoin as “hard to change” rather than absolutely unchangeable, yet the public and regulators continue to hear “unchangeable.”

“Immutability is a characteristic of blockchain technology.” — commonly stated, but, on the evidence, not a reliable description of all (or perhaps any) variants once human governors are taken into account.

Why it matters for a public tape

A statute or protocol that simply declares data on a ledger “immutable” does not make the data unchangeable in reality. Arizona’s 2017 blockchain statute, for example, defined blockchain technology as producing data that “is immutable and auditable and provides an uncensored truth.” Walch notes the problems: the word embeds a risk analysis that may not hold, treats public and private ledgers as identical, and can bake confusion into the law itself.

For any system that claims a public, showable record (a tape, an audit trail, a sovereign book), the practical question is not whether the technology is labeled immutable, but whether the human process that governs the record is itself visible, constrained, and reversible only under named, shown rules.

Mitigation

Walch recommends that regulators (and, by extension, anyone evaluating the technology) cultivate genuine expertise, separate hype from reality, consider the incentives of the source, seek diverse perspectives, doubt everything, and resist herd behavior. Education must be critical, not merely consultative.

Source: Angela Walch, “The Path of the Blockchain Lexicon (and the Law),” 36 Rev. Banking & Fin. L. (forthcoming 2017), April 21, 2017 working draft. Prepared for the 2017 Fintech Symposium, Boston University School of Law. Please do not cite without the author’s consent.

End of the page

Glossary

Plain names. Each line is the same rule, said without the securities word.

  1. 01

    Paid first (Floor)

    was Floor

    Paid first from surplus already named, before any later claim.Also: Food, rent, and the bus, paid first.

  2. 02

    Public schedule (Mint)

    was Mint

    New units enter on one public schedule. No private sale and no private allocation.Also: Same schedule for everyone. No private drop.

  3. 03

    Named bill (Issue)

    was Issue

    A named obligation assigned to a person. It is not cash, and it does not clear at the register.Also: A bill. Not cash in the app.

  4. 04

    Audit trail

    was Tape

    The record that must show title, issuance, lien, conversion, and the registrar’s act.Also: The receipt everyone can open.

  5. 05

    Risk-adjusted fee

    was Charge

    Discount and risk are named up front, before any residual value is titled.Also: Same price. No VIP.

  6. 06

    Registrar

    was Agent

    Records and enforces the posted rules. Does not create new units.Also: The app can explain. It cannot tap pay.

  7. 07

    What's left (Thin)

    was Thin

    The width of the book is the data. A tight price is not invented when the book is quiet.Also: A wide number is the honest price.

  8. 08

    Residual value

    was Desert

    What remains after paid first and the listed prices. Titled even when the figure is zero.Also: What's left. Even if it's nothing.

Also said

Extra names for the same rules. They do not add a step.

  • Third seat

    Your seat.

  • Quiet print

    Money issued off the public schedule.

  • Provenance

    Where it came from.

  • Refusal

    You tap no, and the no stays on the record.