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Functional Equivalence: An Exploration Through Shortcomings to Solutions Cover

Functional Equivalence: An Exploration Through Shortcomings to Solutions

By: Anne Veerpalu  
Open Access
|Mar 2020

Abstract

Since the emergence of cyberspace there have been different legal principles evolving, such as functional equivalence and technology-neutrality, with the aim to ease the regulator´s challenge of coping with the new paradigm of virtual, digital and electronic. Currently our societies have reached the doorstep of another similar disruption: infrastructures decentralized on the basis of blockchain and distributed ledger technology, or so-called cryptoeconomics. It is time to turn to cyberspace-related principles for inspiration on how to solve similar concerns, such as applying existing regulation(s) to new technological disruption. This article looks at different understandings of the functional equivalence principle, its shortcomings and the guidance it provides to regulators and courts in dealing with the challenges related to technological innovation including that of cryptoeconomics.

Language: English
Page range: 134 - 162
Submitted on: Dec 14, 2019
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Accepted on: Jan 15, 2020
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Published on: Mar 12, 2020
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2020 Anne Veerpalu, published by Faculty of Political Science and Diplomacy and the Faculty of Law of Vytautas Magnus University (Lithuania)
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.