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Australia: Bill Enabling Law Enforcement and Intelligence Agencies to Access Encrypted Information Passes

(Dec. 14, 2018) On December 6, 2018, the Australian Parliament passed the Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 (Cth) (as enacted; all legislation links are to Federal Register of Legislation website.) The Bill amends the Telecommunications Act 1997 (Cth) to “establish “frameworks for voluntary and mandatory industry assistance to law enforcement and […]

China: New Regulation on Police Cybersecurity Supervision and Inspection Powers Issued

(Nov. 13, 2018) On September 15, 2018, the Ministry of Public Security (MPS) of the People’s Republic of China (PRC or China) issued a new regulation on cybersecurity supervision and inspections by the police. (Gong’an Jiguan Hulianwang Anquan Jiandu Jiancha Guiding  [Measures of Internet Security Supervision and Inspection by the Public Security Organs] (Sept. 15, […]

Germany: Court Holds That Bitcoin Trading Does Not Require a Banking License

(Oct. 19, 2018) On September 29, 2018, the Higher Regional Court of Berlin (Kammergericht Berlin, KG Berlin) held that trading in Bitcoin does not require a banking license because Bitcoin is not a financial instrument, in particular, not a unit of account, within the meaning of the German Banking Act. The defendant was therefore not […]

Israel: Public Bodies Required to Provide Digital Access

(Sept. 27, 2018) On July 17, 2018, the Knesset (Israel’s Parliament) passed the Law on Contacting Public Bodies by Means of Digital Communications, 5778-2018 (SEFER HAHUKIM [SH] [BOOK OF LAWS] (official gazette) 5778 No. 2744 p. 902, Ministry of Justice website (in Hebrew; click on issue No. 2744)). The Law requires specified public bodies to […]

China: Supreme Court Issues Rules on Internet Courts, Allowing for Blockchain Evidence

(Sept. 21, 2018) On September 3, 2018, China’s Supreme People’s Court (SPC) issued a judicial interpretation on the hearing of cases by the country’s newly created internet courts. Taking effect on September 7, 2018, the SPC Provisions on the Hearing of Cases by Internet Courts (SPC Interpretation) allows evidence stored and verified on blockchain platforms […]

Liechtenstein: Government Adopts Consultation Report on Draft Blockchain Act

(Sept. 20, 2018) On August 28, 2018, the government of Liechtenstein adopted a consultation report on a proposed Blockchain Act. The goal of the Blockchain Act is to take advantage of the potential of blockchain technology, create legal certainty for market participants, protect users of blockchain technology from potential abuse, and reduce potential reputation risks […]

Malta: Government Passes Three Laws to Encourage Blockchain Technology

(Aug. 31, 2018) On July 4, 2018, the Maltese government enacted three laws whose goal is to make Malta a haven for projects that rely on blockchain and other distributed ledger technology (DLT). The Malta Digital Innovation Authority Act (MDIA Act), Innovative Technology Arrangements and Services Act (ITAS Act), and Virtual Financial Assets Act (VFA […]