Regulatory equivalence in blockchain systems: The role of public values and legitimacy

In this chapter, we develop the concept of ‘regulatory equivalence’. As opposed to functional equivalence, used to extend the scope of existing legal frameworks to new technological arrangements, regulatory equivalence refers to the use of technological guarantees to serve the same purpose as traditional legal formalities. This approach goes beyond the use of technology to execute certain legal formalities, but involves analysis of the equivalence between the values undergirding legal rules and the affordances of technological artifacts. This chapter draws on the distinct properties of blockchain-based systems, such as notarization systems, Decentralized Autonomous Organization (DAO)s, and privacy pools, to demonstrate the opportunities and challenges they present to establishing regulatory equivalence. Public actors, however, are hesitant to recognize regulatory equivalence, due to competing perceptions of legitimate governance between participants within these systems and external actors such as regulators. We explore this tension before concluding that this challenge can be overcome through co-regulatory engagement between public authorities and actors within blockchain-based systems, and public authorities more explicitly stating the values they seek to promote within blockchain-based systems.