Panel Discussion: Ruscoe v Cryptopia

The NZ High Court recently released a decision on Ruscoe-v-Cryptopia. It is the first case to give a detailed analysis of the nature of cryptocurrencies and why they are property. The judgement concerns treating cryptocurrencies as property in the context of the Companies Act insolvency provisions. While not a complete answer, the decision includes facets that could be applied more broadly to blockchain-based digital assets.

The panel discussion will be on Zoom for a duration of 1.5hrs - 2.0 hrs. The structure will be informal but anchored around a discussion between the panellists (see below).

We'll do a very short introduction to panellists and ask for any positioning statements, then ask some initial questions to get their take and give people time to post questions. After that, we will open up the room to Q&A/Discussion.

Since the Cryptopia insolvency and criminal cases are on-going, we wanted to ensure as many interested people could participate without restriction. As a result, the event is structured as a Webinar rather than an open Web meeting. Attendees will be able to ask questions to the panellists or offer a direct opinion (at the moderator's discretion) but otherwise remain anonymous.

The event will be recorded and eventually uploaded to our Youtube channel. The delay will enable us to edit out anything that participants, in retrospect decide they would like removed.

There is a 100 person limited but if there is enough interest we can always expand that.

Our Panelists

James TIng-Edwards (@nullary) - Part of InternetNZ Policy team, where he works to understand and address technology policy issues, to help New Zealanders harness the power of the Internet for good. He's recently done work on a draft Charter for government use of algorithms and on proposals for contact tracing apps to address the spread of COVID-19.

Rick Shera (@lawgeeknz) - Digital business lawyer. Partner, Lowndes Jordan. Chair Netsafe. A potpourri of IP, IT, privacy, cyber, corporate and commercial law.

Rochelle Furneaux (@kiwiseabreeze) - Legal Hackers NZ Co-Organiser, and Senior Solicitor at ACC, Rochelle has experience in Commercial and ICT Law, and a long-time interest social-enterprises and the creative industries.

David Harvey (@djhdcj) - District Court Judge (Acting Warrant) David Harvey wrote the book on internet law in New Zealand and also is the director of The NZ Centre for ICT Law within the Law Faculty at the University of Auckland. He has a long-standing interest in Digital Property.

Robert O'Brien (@robertobrien) - is a Legal Hackers Co-Organiser, this event's moderator, and Software Engineer. He has a background in distributed systems engineering in the financial sector, along with a broad and deep understanding of blockchain and cryptocurrency technology.

Further Information

The Ruscoe and Moore v Cryptopia [NZHC 728] High Court of New Zealand decision (PDF) https://www.courtsofnz.govt.nz/assets/cases/Ruscoe-v-Cryptopia-Ltd-in-liq-CIV-2019-409-544.pdf

Legal Statement on cryptoassets and smart contracts; UK Jurisdiction Taskforce (PDF) https://35z8e83m1ih83drye280o9d1-wpengine.netdna-ssl.com/wp-content/uploads/2019/11/6.6056_JO_Cryptocurrencies_Statement_FINAL_WEB_111119-1.pdf

Judge Harvey's recent perspective on Digital Property covering the decision, Digital Property Revisited: https://theitcountreyjustice.wordpress.com/2020/04/19/digital-property-revisited/

NZ Media coverage of the crack that resulted in Cryptopia filing for insolvency. Sabotage or theft? Inside the $24m Cryptopia heist
https://www.stuff.co.nz/national/crime/119263192/sabotage-or-theft-inside-the-24m-cryptopia-heist

The discussion will be a general legal discussion about the facts and circumstances in the written judgment of Ruscoe v Cryptopia. It does not provide any legal advice or financial advice to any person attending about the issues contained in the discussion.