How Should Bitcoin Be Regulated?http://cadmus.eui.eu/bitstream/handle/1814/32273/183UK.pdf?sequence=1Abstract: The lack of clarity about Bitcoin’s legal framework has meant that none of the
regulators across the EU have yet achieved sufficient clarity in the legal treatment
of Bitcoin and its stakeholders. This uncertainty poses a number of substantial
risks to Bitcoin stakeholders and creates challenges for regulatory authorities.
Therefore, there is a need for a clear strategy for Bitcoin’s regulation aiming to
ensure the maximum possible balance between the interests of Bitcoin stakeholders
longing for the preservation of Bitcoin’s benefits and mitigation of relevant risks,
and the interests of regulators striving for ensuring the compliance of Bitcoin
stakeholders with the law. In this paper, the author develops such a strategy. Its
implementation provides for the official recognition of Bitcoin as an unregulated
technology, the recognition of that Bitcoin users interacting between each other
and Bitcoin miners are outside the regulatory scope, and the efficient application
of existing legal mechanisms to Bitcoin merchants, Bitcoin exchanges and the
relations between these categories of Bitcoin stakeholders with Bitcoin users. Thus,
the balanced regulation of Bitcoin is achieved in the form of a partial regulation
of the usage of Bitcoin at different levels of Bitcoin’s functionality.
Keywords:
Bitcoin, Banking Regulation, EU Law, Payment Systems, Regulation