Skip to main content
Article
Smart Contracts, Bitcoin Bots, and Consumer Protection
Washington and Lee Law Review Online
  • Joshua A.T. Fairfield, Washington and Lee University School of Law
Disciplines
Publication Date
9-1-2014
Abstract

Trustless public ledgers (“TPLs”)—the technology underneath Bitcoin—do more than just create online money. The technology permits people to directly exchange money for what they want, with no intermediaries, such as credit card companies. Contract law is the law of bargained-for exchange, so a technology that enables direct exchange online will change the reality of online contracting. The current problem with consumer contracting online is that courts and companies have collaborated to create an online system in which consumers cannot bargain. Under the current regime, consumers have no choice but to click the “I Accept” button. Online, contract law is not the law of bargained-for exchange; it has become the law of company-dictated exchange. Smart contracts—automated computer programs able to execute trades through TPLs—may offer a solution. This brief Essay explores the possibilities of smart contracts and their potential to correct the badly off-course law of online contract.

Citation Information
Joshua A.T. Fairfield. "Smart Contracts, Bitcoin Bots, and Consumer Protection" (2014) p. 36
Available at: http://works.bepress.com/joshua_fairfield/38/