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Third Industrial Revolution Consulting Group<br />

2.4 Smart contracts<br />

A smart contract refers to a piece of software describing a complex process involving tokens<br />

and participants, such as escrow, delivery vs. payment, and other common financial contracts.<br />

An interesting aspect of smart contracts is that many can be enforced by The Blockchain itself,<br />

instead of by a third-party institution. Smart contracts and tokenization promise to obviate<br />

entire layers of market infrastructure by having the rules that govern the relationships between<br />

issuers, owners and traders built directly into the covenants governing a blockchain. They will<br />

form a quasi-legal and automated execution layer to usher in an era of programmable money<br />

and open a wealth of powerful new applications to give investors greater confidence in the<br />

execution of their claims and interests.<br />

The rising interest in Switzerland-based Ethereum, which bills itself as a decentralized platform<br />

for running smart contracts, speaks to how important this feature is becoming to the broader<br />

applicability of blockchain technology. In particular, smart-contract capability will be important<br />

to transactions within the Internet of Things. These automated transactions must be recorded<br />

in a public, decentralized blockchain that’s secured through a robust, distributed consensus<br />

algorithm; the complexity of relationships between devices in an IoT ecosystem means that it’s<br />

not feasible to have a centralized platform mediate the transactions. (This reflects the<br />

Ethereum platform’s use in a number of IoT-related trials.) 267 As Luxembourg explores sensordriven<br />

“smart city” solutions to the problematic congestion and mobility within the capital city,<br />

for example, it will need these decentralized smart contract structures to regulate the transfer<br />

of funds between vehicles and traffic management systems. In Luxembourg’s finance sector,<br />

too, smart contracts will be the foundation of new derivative and insurance contracts in which<br />

payments are triggered by automated data inputs rather than adjudicated by an insurance firm<br />

or some third-party institution.<br />

To optimize the development of this technology, education will be vital -- especially of the legal<br />

profession. An effort to translate these software code-driven contractual clauses into<br />

something that is consistent with the analog world of existing law is needed. To this end, the<br />

government is incentivized to work with bodies such as the Barreau du Luxembourg on<br />

encouraging education for the profession.<br />

267 Brody, P and Pureswaran, V, “Device Democracy: Saving the Future of the Internet of Things,” IBM, September<br />

2014. http://www-935.ibm.com/services/us/gbs/thoughtleadership/internetofthings/<br />

302

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