Smart Contracts Presentation to ACC 18 th October Sean Murphy

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1 Smart Contracts Presentation to ACC 18 th October 2016 Sean Murphy

2 What is a blockchain? How do blockchains operate? What are the benefits of blockchains? What are smart contracts? How do smart contracts work? 2

3 What is a blockchain? Party A s lawyers Third parties Party B s lawyers Party A Shared ledger Party B Party A s bank Land registry Party B s bank 3

4 A blockchain is a digital, distributed transaction ledger, with identical copies maintained on multiple computer systems controlled by different entities. David Schatsky and Craig Muraskin, Beyond Bitcoin: Blockchain is Coming to Disrupt your Industry, Deloitte University Press, 2015

5 What makes up a blockchain? Digital Cryptography Ledger Platform: www Component elements Distributed: shared Consensus not always used Consensus equals > 50% Consensus

6 What are the performance characteristics? Transparency Time stamped Immutable No single point of failure Irrevocable Programmable

7 What is a permissioned blockchain? Different ledger technologies vary in their degrees of centralisation Permissionless, Public, Shared Systems (eg Bitcoin) Permissioned, Public, Shared Systems Permissioned, Private, Shared Systems Today s Typical Systems 100% Decentralised Distributed Ledger Technology Covers a Broad Set of Usages Centralised Ledgers 100% Centralised UK Government Chief Scientific Adviser, Government Office for Science, Distributed Ledger Technology: Beyond Blockchain, 2016

8 What is a smart contract? I hear more and more people talking about smart contracts these days. But when you push them to define the term, the concept often dissolves in their hands. Richard Gendal Brown, A Simple Model for Smart Contracts, Gendal.me, 10 February 2015 A smart contract is a set of promises, specified in digital form, including protocols within which the parties perform on these promises. Nick Szabo, Smart Contracts: Building Blocks for Digital Markets, 1996

9 How does a smart contract work? Transactions Sending value to the contract Smart contract Transactions Sending value to the contract Events Sending information to the contract Events Sending information to the contract Value State Replicated, shared ledger - blockchain (reprinted here from Richard Gendal Brown, A Simple Model for Smart Contracts, 10 February 2015)

10 A spectrum of possibilities? Smart contracts lie on a spectrum Contract entirely in code Contract in code with separate natural language version Split natural language contract with encoded performance Natural language contract with encoded payment mechanism 100% Code is Contract Encoding Natural Language Automation Automated Performance

11

12 Disclaimer Norton Rose Fulbright US LLP, Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP and Norton Rose Fulbright South Africa Inc are separate legal entities and all of them are members of Norton Rose Fulbright Verein, a Swiss verein. Norton Rose Fulbright Verein helps coordinate the activities of the members but does not itself provide legal services to clients. References to Norton Rose Fulbright, the law firm and legal practice are to one or more of the Norton Rose Fulbright members or to one of their respective affiliates (together Norton Rose Fulbright entity/entities ). No individual who is a member, partner, shareholder, director, employee or consultant of, in or to any Norton Rose Fulbright entity (whether or not such individual is described as a partner ) accepts or assumes responsibility, or has any liability, to any person in respect of this communication. Any reference to a partner or director is to a member, employee or consultant with equivalent standing and qualifications of the relevant Norton Rose Fulbright entity. The purpose of this communication is to provide general information of a legal nature. It does not contain a full analysis of the law nor does it constitute an opinion of any Norton Rose Fulbright entity on the points of law discussed. You must take specific legal advice on any particular matter which concerns you. If you require any advice or further information, please speak to your usual contact at Norton Rose Fulbright. 12

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