Virtual Currencies and Fundamental Rights

Titelangaben

Rückert, Christian:
Virtual Currencies and Fundamental Rights.
2018
Veranstaltung: Virtual Currencies and Fundamental Rights , 18.-19.06.2018 , Innsbruck.
(Veranstaltungsbeitrag: Kongress/Konferenz/Symposium/Tagung , Vortrag mit Paper )

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Abstract

Virtual currencies1, like Bitcoin, raise new legal questions due to their innovative technological con- cepts. While academic research covers nearly all areas of the technological concepts of those curren- cies, legal studies focus only on a few topics. The papers which have been published so far discuss mainly economic law2, tax law3 and financial regulations4. At the same time, governments are start- ing to explicitly regulate virtual currencies in terms of anti-money-laundering (AML) and to clarify or strengthen the legal basis for prosecuting crimes in the context of virtual currencies. Furthermore, criminal investigation in the context of virtual currencies is intensifying with the rising number of vir- tual currency related crimes. Moreover, governments should also start to consider crime prevention in the context of virtual currencies. AML regulation, crime prevention and prosecution have to take heed of the fundamental rights of the citizens affected. To date, legal research has not discussed the rela- tionship between AML regulation (regarding virtual currencies), crime prevention (in conjunction with virtual currencies), the prosecution of crimes involving virtual currencies and fundamental rights.5 Many future regulatory concepts will collide with the fundamental right to property of the owners of virtual currency units and the freedom to pursue a trade or profession of owners and operators of exchange platforms, mining pools etc. In virtual currencies organized as peer-to-peer systems, the freedom of association also has to be mentioned. With particular regard to prosecution, law en- forcement agencies restrict the freedom of telecommunication, data privacy (including the right to informational self-determination), freedom of expression, and the freedom of information. Whenever some of these fundamental rights are impinged upon, regulation concepts and investigation or prose- cution approaches must be provided for by law and must fulfill the criterion of necessity. Further in- terdisciplinary research is needed to develop efficient and legit prevention as well as criminal investi- gation concepts.