Can you sue a DAO?

[David]

All the usual caveats, this is just one guy's opinion, I don't know him so it could be wrong, blah blah. But here's a take on DAOs from somebody who says he's a lawyer:

https://www.linkedin.com/pulse/how-sue-dao-stephen-palley

Basically if anybody wanted to sue the Dash DAO, a court would likely either hold MN owners responsible, or more likely, the first mover (Evan). Any thoughts from the legally inclined on here?

 

[timeless]

Interesting.

Well this is what happens when something new is invented. How will it fit in current systems? First they will try to use the old laws and when that doesn't work they will have to invent new ones because in decentralized systems no-one and everyone is resposible. And how do you find anonymous people (worlwide)? With Dash having a public inventor could be a risk, I guess that's why Satoshi hid his identy and took a step back.

 

[TroyDASH]

I don't think it could really work. A court could find a DAO guilty but how would it enforce a penalty?

 

[raganius]

"(...) if you don't formalize a legal structure for a human-created entity, courts will impose one for you. As most lawyers will tell you: a general partnership, unless properly formalized or a deliberately created structure, is a Very Bad Thing (...)"

In other words, no matter what, the State will always try to put a leash on whatever escapes its control. How successful they will be is the question that remains to be asked.

Now, regarding the possibility of someone eventually suing DASH: Nothing prevents any person to sue any other "person" for no matter what reason. That's unavoidable, but not necessarily effective. It can still be a headache, anyway.

 

[qwizzie]

http://www.coindesk.com/key-legal-questions-daos/

although this seems more in response to Ethereum, it has some similarities.

 

[Comodore]

Compare it with where suing in real world gets you...

 

[fulltimegeek]

Evan is not a corporation. He is not dead (corp/corpse)oration. Don't fall for the stupid word games lawyers like to play. Most of them sicken me.

If lawyers start to mess with us, we'll sic Private Attorney General Anthony Williams after them. I would reach out to him PERSONALLY.

 

[TroyDASH]

If a law was passed that made it illegal to operate a DASH masternode, a government could try to go after masternode operators within its jurisdiction. That isn't really the same thing as suing the DASH network though.

 

[AnarchicCluster]

If a law was passed that made it illegal to operate a DASH masternode, a government could try to go after masternode operators within its jurisdiction. That isn't really the same thing as suing the DASH network though.

You are right. Money laundering laws give the state an excellent excuse to consider masternode operators criminals due to the mixing services provided by them. How difficult would it be for FBI to find masternode owners?

 

[crowning]

How difficult would it be for FBI to find masternode owners?

In most cases trivial.
As long as they are in the U.S.
Which most aren't.

Money laundering laws give the state an excellent excuse to consider masternode operators criminals

First they would have to pass a law that a crypto-currency actually IS money.
Then they'd have to allow tax deductions for the costs to mine DASH/operate a Masternode.
For each single country which operates Masternodes. Which are, right now, at least 37 countries.

Could happen? Probably.
Will happen? Most unlikely.