Decentralization, smart contracts, and transaction privacy: Europe at the crossroads of blockchain regulation and digital capitalism: how can regulatory governance distort blockchain’s architecture and undermine its intended technological function?
Cosson, Domitille (A.A. 2024/2025) Decentralization, smart contracts, and transaction privacy: Europe at the crossroads of blockchain regulation and digital capitalism: how can regulatory governance distort blockchain’s architecture and undermine its intended technological function? Tesi di Laurea in Data protection law, Luiss Guido Carli, relatore Filiberto Brozzetti, pp. 52. [Master's Degree Thesis]
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Abstract/Index
The essential role of governance in digital capitalism to address cryptocurrency sector risks. Surveillance capitalism and the birth of blockchain resistance. Blockchain as a new form of governance-surveillance capitalism and the birth of blockchain resistance. Structural governance failures: fraud and money laundering in crypto markets. Promotion, misinformation, and market manipulation. The EDPB’s framework: governance without surveillance. Debunking misconceptions: illicit use is marginal and most investors are young and responsible. Institutional foundations: the role of EBA and the Eurozone stability agenda. Regulating the legal architecture of tokenization. How traditional regulatory governance transforms blockchain: a double-edged sword, analysis from lawyer and tech experts. Understanding MiCA II: legal structure, scope and objectives. The legal-ethical dilemma of presumed illegality and the criminalization of privacy. Criminalization of anonymity: legal risks to privacy infrastructure. The erosion of pseudonymity: privacy concerns and surveillance risks. Surveillance through identity integration: the collapse of technical neutrality. Increased criminal risks and capital flight resulting from anonymity removal. The race to technological governance: state appropriation of blockchain. Global governance models: Europe vs. United States vs. China. The structural consequences of MiCA II: concentration, compliance arbitrage, and innovation drain. A unified framework, yet fragmented reality: MiCA's incomplete harmonization. The case of France as a cautious overachiever: discipline without agility. Market reshaped: specialization, dissuasion and strategic migration. Empirical and practical solutions to preserve blockchain’s foundational ethos. The need for proportionate regulation: preserving the ethos of blockchain. Securing transactions through cryptographic integrity. Privacy-preserving digital identity frameworks. Strengthening digital hygiene and operational security. Embedding governance in code: protocol-level regulation. A convergent path forward. Establishing a cybersecurity-focused public infrastructure. A regulatory geography of Europe: project flight and competition between supervisory authorities.
| Thesis Type: | Master's Degree Thesis |
|---|---|
| Institution: | Luiss Guido Carli |
| Degree Program: | Master's Degree Programs > Master's Degree Program in Digital Innovation and Sustainability (LM/SC – GIUR) |
| Chair: | Data protection law |
| Thesis Supervisor: | Brozzetti, Filiberto |
| Thesis Co-Supervisor: | Fernandes Da Silva Ranchordas, Sofia Hina |
| Academic Year: | 2024/2025 |
| Session: | Summer |
| Deposited by: | Alessandro Perfetti |
| Date Deposited: | 25 Sep 2025 10:03 |
| Last Modified: | 25 Sep 2025 10:03 |
| URI: | https://tesi.luiss.it/id/eprint/43296 |
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