Download or read book Property Interests in Digital Assets written by Natalie Banta Lynner and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of digital assets has created a host of new legal questions regarding their status as a property interest. Digital assets consist of intangible interests like e-mail accounts, social media accounts, reward points, and electronic media. These assets seem like a property interest, but because digital assets are a creature of contract, private contracts determine whether an owner can use, sell, transfer, exclude, donate, or dispose of the asset in a testamentary instrument. These digital asset contracts often take an unprecedented step of prohibiting or severely limiting the transfer of digital assets after death. By unilaterally eviscerating a long cherished right of property -- the right to devise -- these contracts create digital assets that are more akin to a license or tenancy instead of a fee simple absolute. Contractual terms controlling digital assets create a system this Article calls “digital feudalism,” characterized by absolutism, hierarchy, and a concentration of power. This Article examines property interests imbued in digital assets, namely the rights to use, control, exclude, and transfer. It analyzes digital assets under the labor, utilitarian, and personhood theories to justify their existence as a form of property. As a form of property, this Article argues that property law protects an individual's rights to her digital assets -- rights like testamentary disposition that cannot be contracted away. Property law has always mirrored society's decisions about how to control and allocate resources and our treatment of digital assets are no different. Digital assets themselves function so similarly to property that we must apply traditional property law principles to ensure that our rights over digital assets do not regress into an anti-democratic and archaic form of feudalism in a technologically driven future.
Download or read book Property Law in a Globalizing World written by Amnon Lehavi and published by Cambridge University Press. This book was released on 2019-01-17 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why property law needs globalization strategies -- Local to global : an institutional analysis -- Land -- Tangible goods, monetary claims, investment securities -- Intellectual property, data, and digital assets -- Security interests and proprietary priorities in insolvency
Download or read book Inherit the Cloud written by Natalie Banta Lynner and published by . This book was released on 2018 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a world permeated with technology. Through our online accounts we write emails, we store pictures, videos, and documents, we pay bills and conduct financial transactions, we buy digital books and music, and we manage loyalty programs. Digital assets have quickly replaced physical letters, pictures, books, compact discs, and documents stored in filing cabinets and shoeboxes. The emergence of digital assets raises pressing questions regarding the treatment of digital assets at an account holder's death. Unlike digital assets' physical counterparts, an account holder does not control the ultimate fate of digital assets. Instead, digital assets are controlled by a private contract entered into by an account holder and a company that provides services or digital products. This Article explores the growing conflict between traditional succession practices and digital asset succession, which is controlled by digital asset contracts. It begins by tracing the development of private contracts as a method of transferring assets at death and shows that although contracts are regularly used to transfer assets at death, digital asset contracts have taken an unprecedented step of prohibiting or severely limiting the transfer of assets at death. This Article next explores the prevalence of digital assets and explains how service providers address digital asset inheritance in private contracts. It argues that digital asset contracts that deny inheritance may be validly formed but should be void as a matter of public policy because they transfer decision-making power about assets from an individual account holder to corporations. As our control over the ultimate fate of our digital assets diminishes, the nature of our property interests in digital assets also shifts away from our traditional understanding of ownership of personal property. It argues that we should take a conscious approach to reforming succession law based on time-honored principles of American succession law that benefit society as a whole and not allow private contracts controlling digital assets to hijack our system of inheritance. This Article concludes by offering suggestions for reform and action before the ability to transfer and preserve digital assets falls beyond our reach.
Download or read book The Digital Estate written by Leigh Sagar and published by . This book was released on 2017-05-31 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Digital Assets and Blockchain Technology written by Daniel T. Stabile and published by Edward Elgar Publishing. This book was released on 2020-07-31 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This key textbook examines the financial growth and success of digital assets in the contemporary economy. As digital assets and other blockchain applications mature, and regulatory authorities work hard to keep pace, three leading attorneys in the field invite students to consider the legal frameworks pertinent to regulating this new method of exchange. In this, the first textbook of its kind, the authors explore the growth of smart contracts, the application of securities laws to token sales, the regulation of virtual currency businesses, the taxation of digital assets and the intersection of digital assets and criminal law.
Download or read book Digital Executor written by Sharon Hartung and published by FriesenPress. This book was released on 2021-04-26 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world has gone digital and so have our clients’ estates. Digital assets may simply be electronic records, but they are the digital gateway to our lives. They are our memories, our money, and our records, making technology the new player at the estate planning table. The Digital Executor®: Unraveling the New Path for Estate Planning arms estate advisors, business owners, service providers, and the broader estate and technology industries with heightened awareness of client expectations regarding their digital estates. Everyone needs a will and in today’s age of digitization, estate plans must include your client's digital life. This book is a primer for understanding a client’s personal use case when navigating estate management in the digital age with introductions to technology and the underlying aspects and differences between digital asset classes. With technology being the new player at the client’s estate planning table, estate advisors must be educated, motivated, and prepared, adapting policies and processes for operating in the digital world. Equally, technology and service providers must align with the stars to be integrated partners in estate industry conversations. Sharon’s first book, Your Digital Undertaker: Exploring Death in the Digital Age in Canada, was about digital assets in the context of an individual’s or client’s estate planning life cycle. This follow-up book, Digital Executor®: Unraveling the New Path for Estate Planning is about digital assets in the context of the estate industry. This book draws the reader into the world of estate planning with a digital twist, bringing together how the global estate industry, technology and service providers must address client expectations about their digital assets and the implications of the changing role of the fiduciary/executor. To understand the role of digital assets in the estate industry, we must first understand technology, the client’s user context, and the changing role of the estate advisor. From an estate industry perspective, if today’s executor is a digital executor and today’s fiduciary is a digital fiduciary, then today’s advisor must be a digital advisor.
Download or read book Minors and Digital Asset Succession written by Natalie Banta Lynner and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Minors who die in the United States hold a property interest in an asset that did not exist when the law established eighteen as the age of legal capacity to devise. These assets are digital assets: email, social networking, documents, photos, text messages, and other forms of digital media. Minors use these assets with a fluidity and ease unrivaled by older generations. Under the current law, minors have no right to decide what happens to their digital property at death. Despite the fact that minors have the capacity to contract with online businesses, make health care decisions, marry, have sex, and seek employment, minors are denied one of the most basic rights of property ownership -- the right to devise. This Article is the first to explore how minor capacity law should change to accommodate the changing nature of property and grant minors the right to devise their digital assets. It explores historical capacity standards imposed upon minors in order to own and use property and argues that these standards are no longer adequate to regulate digital assets. It demonstrates how applying succession law instead of an arbitrary age requirement safeguards minors interests, protects property and privacy rights, and promotes the freedom of succession. This Article argues that granting minors the ability to devise digital assets is a logical evolution of minor capacity standards seen in other areas of the law. It has been forty years since we have considered the age of legal capacity to devise property and with the proliferation of digital assets, the time is ripe for a reassessment of minors' capacity to devise digital property.
Download or read book Digital Technologies and the Law of Obligations written by Zvonimir Slakoper and published by Routledge. This book was released on 2021-09-30 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Digital Technologies and the Law of Obligations critically examines the emergence of new digital technologies and the challenges they pose to the traditional law of obligations, and discusses the extent to which existing contract and tort law rules and doctrines are equipped to meet these new challenges. This book covers various contract and tort law issues raised by emerging technologies – including distributed ledger technology, blockchain-based smart contracts, and artificial intelligence – as well as by the evolution of the internet into a participative web fuelled by user-generated content, and by the rise of the modern-day collaborative economy facilitated by digital technologies. Chapters address these topics from the perspective of both the common law and the civil law tradition. While mostly focused on the current state of affairs and recent debates and initiatives within the European Union regulatory framework, contributors also discuss the central themes from the perspective of the national law of obligations, examining the adaptability of existing legal doctrines to contemporary challenges, addressing the occasional legislative attempts to deal with the private law aspects of these challenges, and pointing to issues where legislative interventions would be most welcomed. Case studies are drawn from the United States, Singapore, and other parts of the common law world. Digital Technologies and the Law of Obligations will be of interest to legal scholars and researchers in the fields of contract law, tort law, and digital law, as well as to legal practitioners and members of law reform bodies.
Download or read book Intermediated Securities written by Pierre-Henri Conac and published by Cambridge University Press. This book was released on 2013-05-30 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: In today's financial markets, investors no longer hold securities physically. Instead, securities such as shares or bonds are mostly held through intermediaries and transferred by way of book-entries on securities accounts. However, there are remarkable conceptual differences between the various jurisdictions with regard to the legal treatment of intermediated securities. It is widely agreed that this patchwork creates considerable legal risks, especially in cross-border situations. Two initiatives are in place to reduce these risks. In 2009, the UNIDROIT Convention on Substantive Rules for Intermediated Securities (the 'Geneva Securities Convention') was adopted, aimed at harmonisation on the international level. The EU Commission is also running a legislative project, to achieve harmonisation at the regional level. This book compares both initiatives and analyses their impact on the securities laws of selected European jurisdictions.
Download or read book A Research Agenda for Property Law written by Bram Akkermans and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together a diverse array of property law specialists, this timely Research Agenda explores the theoretical and doctrinal dimensions of the main subareas of property law. It examines the current tensions between the protection of existing property interests and the need to tackle societal challenges, such as digitalisation, the creation of energy communities, and the climate crisis.
Download or read book Sustainably Investing in Digital Assets Globally written by Selva Ozelli and published by John Wiley & Sons. This book was released on 2022-10-04 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discover how to dip your toe into the cryptocurrency investing pool without getting burned In Sustainably Investing in Digital Assets Globally, international finance and fintech expert Selva Ozelli delivers an eye-opening and insightful discussion of cryptocurrency investment, as well as the risks and opportunities that await those who deal in this promising new technology. In the book, the author explores how cryptocurrencies have been used by illicit operators throughout the US and the world and how legitimate investors have sought to limit their exposure to illegal activity. Readers will also find comprehensive treatments of US-based and global cryptocurrency regulations, as well as: Advice for investors concerned about the environmental sustainability of blockchain technology but who still wish to invest in cryptocurrencies Information about a variety of countries and governments who have explored and implemented various cryptocurrency initiatives inside their own borders Discussions surrounding the drive by many central banks to introduce a digital currency, in addition to the surging popularity of non-fungible tokens A can’t-miss handbook for the crypto-curious investor, Sustainably Investing in Digital Assets Globally deserves a place in the bookshelves of anyone with an interest in international finance, fintech, technology, or cryptocurrency.
Download or read book Legal and Regulatory Considerations for Digital Assets written by Jason G Allen and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The report examines legal and regulatory challenges arising from the emergence of digital assets. The aim is to frame future legal and regulatory discussions around digital assets, as well as to identify general trends and concepts across jurisdictions rather than to provide granular analysis of any given jurisdiction's legal position.Key highlights:- Existing taxonomies of digital assets developed by national and international authorities have failed to fully capture the relevant features of digital assets and the true novelty introduced by crypto assets. Regulatory authorities should focus on the substance of the underlying asset and the rights associated with it, rather than its form, unless the form changes the substantive nature of the asset.- Digital assets, for the most part, pertain to existing and well-known legal concepts: they effectively represent a set of rights embodied in a new digital form. Consequently, the regulatory perimeter for regulating digital assets and associated activities should be determined by identifying the legal concept(s) behind a given digital asset.- However, digital assets may warrant adjustment or revisions to existing legislation, in particular whether digital assets are fitting objects of property rights. Generally, further clarification may be needed from national legislatures on the legal recognition of purely digital objects to understand whether (and how) dealing with a digital token has legal consequences for real world rights. In particular whether intangible, digital representation can be recognized as an object of property rights.
Download or read book Property Law in a Globalizing World written by Amnon Lehavi and published by Cambridge University Press. This book was released on 2019-01-17 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property Law in a Globalizing World identifies the paramount challenges that contemporary processes of globalization pose for the study and practice of property law. It offers a straightforward analysis of legal scenarios implicating cross-border property rights, covering a broad range of resources, from land, goods, and intangible financial assets to intellectual property, data, and digital assets. This is the first scholarly book offering a detailed study of legal strategies that can decrease the gap between the domestic tenets of property law and the cross-border nature of markets, interpersonal networks, and technology. It shows how strategies of soft law, conflict of laws, approximation, and supranationalism rely to various degrees on cross-border property norms and institutions, and studies the proprietary features of security interests and priorities to assets in insolvency in a global setting. It also shows how digital technology such as blockchain can revolutionize the system of cross-border property rights.
Download or read book Owned written by Joshua A. T. Fairfield and published by Cambridge University Press. This book was released on 2017-07-10 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this compelling examination of the intersection of smart technology and the law, Joshua A. T. Fairfield explains the crisis of digital ownership - how and why we no longer control our smartphones or software-enable devices, which are effectively owned by software and content companies. In two years we will not own our 'smart' televisions which will also be used by advertisers to listen in to our living rooms. In the coming decade, if we do not take back our ownership rights, the same will be said of our self-driving cars and software-enabled homes. We risk becoming digital peasants, owned by software and advertising companies, not to mention overreaching governments. Owned should be read by anyone wanting to know more about the loss of our property rights, the implications for our privacy rights and how we can regain control of both.
Download or read book Taxmann s Taxation of Virtual Digital Assets Basic primer analysing the new scheme of taxation from an Income tax GST perspective including cryptocurrencies NFTs Finance Act 2022 Edition written by Taxmann and published by Taxmann Publications Private Limited. This book was released on 2022-04-23 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: This one-of-a-kind book provides a complete analysis (from an Income-tax & GST perspective) of the new scheme of taxation of Virtual Digital Assets (VDAs), which includes Cryptocurrencies and Non-fungible Tokens (NFTs). This book helps the reader to understand the following: • Basic Concepts & Ecosystem of VDAs • Difference between the New & the Old Scheme of taxation of VDAs • GST Implications on VDAs • Current Tax Challenges This book also explains the essential taxonomy of the following: • Crypto Assets • NFTs • Blockchain Technology • Distributed Ledger Technology • Airdrop • Mining, etc. The Present Publication is the First Edition, authored by Taxmann's Editorial Board. This book is amended by the Finance Act 2022 and addresses the following critical issues w.r.t. to VDAs: • All foreign currencies have been kept out of the meaning of VDA. Why Bitcoin is a • VDA even if El Salvador has adopted Bitcoin as its official currency? • How to determine the situs of VDA for taxability in the hands of a non-resident? • Head in which the income from transfer of VDA should be taxed? • How should the income from the lending of cryptocurrencies be taxed? • Whether mining of cryptocurrencies is a taxable event? • How to determine the cost of acquisition of mined cryptocurrencies? • Tax implications if VDAs are lost or stolen • How to determine the fair market value of VDAs? • Whether Section 87A rebate and maximum exemption limit allowed from income from VDAs? • Treatment of losses incurred from transfer of VDAs on or before 31-03-2022 • How to compute the income from the transfer of VDA before 01-04-2022? • How to compute the TDS under Section 194S in case of an exchange of one VDA foranother VDA? • Whether VDA is money, legal tender, or security? • Whether VDA is a good or service? • Whether services by foreign crypto exchanges are OIDAR services? The detailed contents of the book are as follows: • Concept of Virtual Digital Asset • Meaning of Virtual Digital Asset • Scheme of Taxation of Virtual Digital Asset on or after 1-4-2022 • Transfer of Virtual Digital Asset without or for inadequate consideration on or after 1-4-2022 • Deduction of tax at source under Section 194S • Scheme of taxation of Virtual Digital Asset before 1-4-2022 • Taxability of cryptocurrency under the GST law
Download or read book Taxation of Crypto Assets written by Niklas Schmidt and published by Kluwer Law International B.V.. This book was released on 2020-11-27 with total page 677 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of crypto assets has required taxation authorities worldwide to develop unprecedented policies and compelled tax lawyers to apply existing laws in new ways. This book – the only one to focus solely on the taxation of crypto assets – provides a detailed country-by-country analysis of how the tax law of thirty-nine countries may apply to this rapidly developing area, including different use cases and compliance and documentation requirements. Following an overview of the technology and key characteristics of crypto assets, as well as the key tax concepts and types of taxes that could apply to them, leading practitioners in each particular jurisdiction summarize the relevant tax law in that country. Fully explained are such aspects of crypto assets as the following and how they are interrelated: sales; exchanges; receipt as remuneration; forks; airdrops; mining; staking; initial coin offerings; security token offerings; and initial exchange offerings. Contributors describe how each jurisdiction applies income and capital gains taxation, value-added tax and sales tax, withholding taxes, transfer taxes, and gift, inheritance, estate and wealth taxes in the context of crypto assets. Reporting requirements and enforcement are also covered. Tax law, as it applies to crypto assets, is new and continues to evolve. This book will be welcomed as the premier resource for tax practitioners, government officials, advisors, investors, issuers, users of crypto assets, and taxation academics who are seeking informed awareness of the policy choices countries make in dealing with the taxation of this new technology. Tax lawyers dealing with crypto assets will have comprehensive practical guidance on how to comply with the tax laws of multiple jurisdictions.
Download or read book Your Digital Undertaker written by Sharon Hartung and published by FriesenPress. This book was released on 2019-02-22 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: If you are an adult Canadian who uses e-mail and surfs the internet, this book is for you. In a unique and humorous way, this former military officer and tech executive shares what she’s learned about the estate industry and the taboo topic of preparing for one’s own death. Preparing for death doesn’t need to be scary or foreboding. It can actually be liberating and energizing. Join Your Digital Undertaker in an exploration of death in the digital age in Canada, which lifts the lid on how the deathcare and estate industry works today, and tackles it through the project management and digital lens. This exploration includes simple diagrams, easy to understand scenarios, and user options that require only a couple of mouse clicks. You’ll learn your digital life is not isolated from your physical life, as technology is the new player at the estate planning table. Cracking the code to digital death and its afterlife requires deciphering the code for your regular and physical life. By the end of this book, you should feel armed with questions and a perspective on how to tackle your digital life in the context of your overall estate. You might even walk away inspired to get on with dealing with your will and estate plan with estate planning professionals. If you are a named executor in a will or appointed in a Power of Attorney, this book is for you as well, as it might motivate you to ask a lot more questions about your role before you get handed “digital hell in a hand basket”. For those having the challenging conversations with their parents, family members or clients, let Your Digital Undertaker ask some of the basic questions and open the door for a meaningful discussion.
