Distributed ledger technology, particularly in the form of NFTs, stands out as an effective tool for electronic service of documents thanks to its immutability, transparency and security. A significant case in the United Kingdom illustrates this use: a law firm obtained court approval to serve, by means of an NFT on a blockchain, the alleged perpetrators of a cryptocurrency theft. This sped up the proceedings by summoning alleged fraudsters who had until then remained anonymous.
In the United States, the use of NFTs to serve defendants in blockchain-related cybercrime cases has been on the rise since 2022, making it possible to reach alleged perpetrators who previously could not be located. This reflects a global increase in cybercrime, including the theft of crypto-assets, as shown by figures from Spain’s Ministry of the Interior recording a rise in computer fraud.
Foreign courts have turned to the very technology used by cybercriminals, such as NFTs, to overcome obstacles to service and to ensure that defendants actually receive the claims against them, thereby addressing the risk of defendants being left unable to defend themselves, along with other jurisdictional and communication challenges. One example is the case of a federal judge in the United States who sent a court notice via blockchain and NFT; she did so after an expert report had been filed confirming illicit cryptocurrency transactions.
NFTs, an evolution of cryptographic tokens, are unique and indivisible, so they can serve as publicly verifiable certificates. Because blockchains are distributed, encrypted and public, they are ideally suited to applying exact timestamps, guaranteeing the integrity of content and authenticating senders and recipients in communications.
In short, distributed ledger technology, together with NFTs, offers an efficient and legally sound solution for the service of court documents in the digital age, in keeping with the principles of authenticity and the protection of fundamental rights. This innovative approach helps to make the justice system more effective and more legitimate in an increasingly digital world.
النشرة
فعاليات وأخبار وتحليلات في القانون الرقمي تصلك على بريدك، ولا نراسلك إلا حين يكون لدينا جديد.
