[HN Gopher] Canadian math prodigy allegedly stole $65M in crypto
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       Canadian math prodigy allegedly stole $65M in crypto
        
       Author : bookmtn
       Score  : 259 points
       Date   : 2025-04-14 14:21 UTC (2 days ago)
        
 (HTM) web link (www.theglobeandmail.com)
 (TXT) w3m dump (www.theglobeandmail.com)
        
       | nikhizzle wrote:
       | So which one is it? Code is contract and he should get to keep
       | the money. Or crypto is governed by laws outside of crypto and so
       | he violated the "spirit" of the code and hence is a criminal?
       | 
       | It seems like right now the crypto industry makes the decision to
       | their convenience on a daily basis.
        
         | intrasight wrote:
         | Purity goes out the window when there's real money involved.
         | And means that in cryptocurrency, you only own what the
         | government grants that you own.
         | 
         | It'll be interesting how this gets resolved by Canadian courts.
         | 
         | And this is rich: "A bad actor not brought to justice and held
         | to account for one act of fraud will surely commit another"
        
           | jiveturkey wrote:
           | > It'll be interesting how this gets resolved by Canadian
           | courts.
           | 
           | He's being prosecuted by the US DOJ, EDNY. Not Canada.
        
           | Obscurity4340 wrote:
           | Bet they were MAGA
        
             | notyourwork wrote:
             | This comment adds no value to the discussion and tries to
             | politicize the conversation.
        
         | criddell wrote:
         | Code is contract and disputes are handled by the courts.
         | There's no such thing as a purely extrajudicial contract, is
         | there?
        
           | Spivak wrote:
           | I think the name smart contract is misleading because if you
           | believe that the code is law then there is no actual contract
           | in the smart contract. There is no meeting of the minds, no
           | agreement on what the contract means or what is considered
           | customary. Just a machine floating in the ETHer you can
           | interact with. You owe the machine nothing and it owes you
           | nothing.
        
         | jxjnskkzxxhx wrote:
         | We have laws, yes.
        
           | eadmund wrote:
           | Yes, we have laws. When should the law intrude on the private
           | transaction of two parties? Typically, the law holds both
           | parties to their contractual agreement. If those two parties
           | have contracted to abide by the output of an algorithm, can
           | the law distinguish good faith manipulation of algorithmic
           | inputs to benefit oneself from bad faith manipulation of
           | algorithmic inputs to benefit oneself? Given that the whole
           | point of a smart contract is to encode the terms of the
           | agreement as code, when is it appropriate to step in and
           | alter that agreement?
        
         | hinkley wrote:
         | In the real world locks are meant to keep honest people honest
         | and slow down the dishonest people until someone notices and
         | stops them.
         | 
         | There's a world where crypto could be sold the same way, but
         | the sycophants drowned that out for long enough that we aren't
         | in the Trough Disillusionment now so much as the Trough of Open
         | Mockery.
        
         | Gunax wrote:
         | There definitely some hypocrisy, but it might work differently
         | in the law.
         | 
         | As devs, we might claim that 'code is the law' but my guess is
         | that the law does not care. That is, one cannot overwrite
         | property laws by a few lines of code.
         | 
         | Consider how disclaimers work--we are increasingly putting
         | limitations on what rights you can contractually forfeit.
         | 
         | This will be interting to watch.
        
         | gosub100 wrote:
         | See also: tether.
        
         | programjames wrote:
         | It seems absolutely bonkers to me that someone would write a
         | smart contract that lets them bleed $50m without automatically
         | stopping after they lose the first $1/10/100k.
        
           | poochkoishi728 wrote:
           | That seems hard to implement. Presumably the move was all
           | based on regular transactions. You can't just say, "If we're
           | losing money, stop it", you have to concretely specify the
           | conditions.
        
         | hiAndrewQuinn wrote:
         | There is a third way: Private adjudication. I see no reason why
         | the crypto community couldn't run its own private court system,
         | similar to what e.g. Randy Barnett describes in chapter 5 of
         | _Anarchy and the Law_.
         | 
         | (Obligatory, I don't work in crypto or have any special
         | connection to it, I just think people forget this third option
         | even exists when it's really the most common way most private
         | industries actually resolve disputes most of the time.)
        
           | notnullorvoid wrote:
           | It already does run its own private court system, it's the
           | consensus process that is used to upgrade the protocol. If
           | there was enough consensus there could be a fork that
           | returned the funds, but that will never happen.
        
             | hiAndrewQuinn wrote:
             | Sure, but suppose people decide that's not good enough.
        
               | vincnetas wrote:
               | what "people"?
        
               | ausbah wrote:
               | simple, those who lose to the system they've supported
               | until it bleed up in their face
        
           | dkarras wrote:
           | Private court system? How does it work? Regular court system
           | works because the government has the threat of violence, has
           | the muscle and rights to hunt, capture and detain. if
           | "private court" rules against me and I refuse to obey, how
           | will they make me obey? There is no "or else" embedded in it
           | so it will be useless.
        
             | theurerjohn3 wrote:
             | its a cryptocurrency, the courts legitimacy would likely
             | come from the community forking as necessary to resolve
             | issues as identified by the court, in the same way the us
             | judicial branch gets its legitimacy from the us executive
             | branch employing force as necessary to resolve issues as
             | identified by that court.
             | 
             | its a broader group to convince, sure, but there is a clear
             | 'or else' from which the court can get that legitimacy.
             | 'return the money or else we will return it for you' is a
             | meaningful or else
        
       | amit9gupta wrote:
       | He did not steal anything. He beat the fund (Indexed Finance) at
       | their own game.
       | 
       | He has not stolen anybody's password, has not modified DeFI code
       | - simply executed a set of financial transactions according to
       | the rules (expressed as DeFI smart contracts) and profited from
       | it.
       | 
       | Indexed Finance is an unlicensed investment firm. The promoters
       | knew the risk ( decentralized finance) and now they want to blame
       | someone who outsmarted them at their own game.
        
         | Cthulhu_ wrote:
         | The company and its customers knew what they were getting into;
         | to get protections from the law and guarantees, financial
         | institutions need to get licensed and comply with all the
         | rules, regulations and law. Of course, this includes providing
         | transaction data to the relevant parties to help them detect
         | tax evasion and money laundering.
        
           | Aurornis wrote:
           | > to get protections from the law and guarantees, financial
           | institutions need to get licensed and comply with all the
           | rules, regulations and law.
           | 
           | That's not how the law works.
           | 
           | If someone breaks the law or doesn't comply with regulations,
           | that's a separate issue. It doesn't entitle a third party to
           | steal their funds.
           | 
           | If you were to rob a drug dealer, you couldn't argue that
           | they weren't complying with the law and therefore you were
           | free to take it. You would both have broken laws.
        
             | archontes wrote:
             | Define theft.
             | 
             | If you write a contract and give it to a lawyer with the
             | instruction, "Anyone who satisfies this contract gets this
             | money." And someone satisfies the contract to the lawyer's
             | -but not your- satisfaction, and the lawyer sends the
             | money, did the third party steal from you?
        
               | danielvf wrote:
               | There's a very relevant XKCD on this, where someone
               | discovers a clever "bug" in an insurance contract, and is
               | then disappointed.
               | 
               | https://xkcd.com/1494/
        
         | InDubioProRubio wrote:
         | But wont somebody think of the Incompetence Finance Inc. - we
         | cant have fraudsters defrauded, with legal means. The upper
         | caste taketh the lower giveth that is tardition since the dawn
         | of time.
        
         | InsideOutSanta wrote:
         | This. If you believe in cryptocurrencies, you can't run to the
         | courts when people use them as designed, even if they didn't
         | use them as intended.
         | 
         | If you end up using the legal system to remediate undesired
         | transactions, what's the point of cryptocurrencies in the first
         | place?
        
           | thinkingtoilet wrote:
           | > what's the point of cryptocurrencies in the first place?
           | 
           | So far, to execute illegal transactions and using the lack of
           | regulations to exploit the financially illiterate.
        
             | hinkley wrote:
             | Money laundering.
        
               | apercu wrote:
               | And get rich quick scams. And fraud.
        
               | smallmancontrov wrote:
               | And drugs. And delivery of bribes to the sitting US
               | president (these are not the same as illegal transactions
               | because when the president does it it is not illegal).
        
               | hinkley wrote:
               | Amongst our weaponry are such elements as graft,
               | narcotics, money laundering, fraud... I'll come in again.
        
               | eftychis wrote:
               | Oh, it is illegal. It's just that the DOJ is turning a
               | blind eye because someone at some point wrote a
               | "memo"[0,1], which it seems can be the bane of global
               | peace and prosperity as we know it. (Yes, it is ironic
               | that a memo in some countries like the U.S. can affect
               | everyone else.)
               | 
               | P.S. I understand the context in your comment here. Just
               | expanding on it for cynicism's sake.
               | 
               | [0] https://biotech.law.lsu.edu/blaw/olc/sitting_presiden
               | t.htm [1] https://www.justice.gov/file/146241-0/dl?inline
               | [Note it has been updated since 2000.]
        
               | xp84 wrote:
               | (i'm not GP but...)
               | 
               | You've cited policy which blocks _prosecution_ of sitting
               | Presidents -- but that didn 't necessarily enjoin
               | eventual justice from being served after his term(s) end.
               | However the outcome of Trump v. United States, 603 U.S.
               | 593 (2024) appears to not just block prosecution but
               | grant immunity, meaning what would normally be a crime
               | ceases to even be a crime.
               | 
               | That ruling appears to draw a nearly complete shield of
               | immunity around Presidents for any crimes done as
               | 'official acts,' and nearly everything can be claimed to
               | be an 'official act' especially given how vaguely-scoped
               | much Presidential power has become. I consider it pretty
               | unlikely that we'll ever see a former President even be
               | charged with a crime if Congress doesn't explicitly
               | repudiate this ruling with an actual law.
               | 
               | Source: https://en.wikipedia.org/wiki/Trump_v._United_Sta
               | tes#:~:text...
        
               | eftychis wrote:
               | Thank you. I tried to keep my comment short, but your
               | expansion was necessary on second thought. For better or
               | for worse, I expect this to be relitigated. (Unless all
               | outgoing presidents start the tradition of pardoning
               | themselves from now on.)
               | 
               | The reason is that what constitutes an official act is up
               | in the air, and let us be honest, the incumbent president
               | is not known for staying inside the Executive branch's
               | lane.
               | 
               | But the sheer unwillingness of the DOJ to prosecute,
               | creates a catch-22: you need indictments to change or
               | clarify Trump v. United States, 603 U.S. 593, and right
               | now there are two options:
               | 
               | Somehow revive the private right to criminal prosecution
               | (and of the president at that)(See Linda R.S. v. Richard
               | D., (1973) 410 U.S. 614 (citations omitted)) or a Federal
               | Court to appoint counsel to investigate a former or
               | incumbent president. (Young v. U.S. ex re. Vuitton et
               | Fils, (1987) 481 U.S. 787.) And I am not sure which one
               | is less likely to happen. (Or for Congress to take that
               | role beyond impeachment, which is even less likely.)
        
               | btilly wrote:
               | The case where the precedent was set suggests that it is
               | within the outer perimeter of what the President does to
               | give a speech designed to whip up a crowd before they
               | head them off to the Capitol to attempt a coup.
               | 
               | While Trump may go farther than that, it is hard to
               | imagine any other President in our history who would have
               | considered doing anything more deserving of criminal
               | prosecution in a US court.
               | 
               | Given how polarized our country has become and the
               | requirement for a 2/3 majority in the Senate, it is also
               | difficult to see how we could ever again wind up in a
               | situation where the threat of impeachment is a
               | significant concern to a sitting President. Given the
               | current state of the Republican party, I'm not even sure
               | whether an attempted military coup by Trump would get
               | that result.
        
               | xp84 wrote:
               | I agree completely. He doesn't need to do a coup now that
               | he has absolute power for four more years given the
               | vacuum of leadership that is the legislative branch, but
               | he absolutely would get away with it if he chooses to
               | someday.
        
               | roenxi wrote:
               | > I consider it pretty unlikely that we'll ever see a
               | former President even be charged with a crime...
               | 
               | You could have stopped the sentence here; most US
               | presidents are responsible for acts that appear to be
               | criminal but for the fact that it is political convention
               | not to charge them. The most egregious case I recall was
               | Anwar Al-Awlaki [0] - where he seems to have been killed
               | on the president's orders without actually having done
               | anything specific to justify it. Searching for "crime" on
               | his Wikipedia page turns up nothing much. If a president
               | isn't publicly investigated by the judicial system for
               | having a US citizen killed it is hard to see when charges
               | would be appropriate.
               | 
               | [0] https://en.wikipedia.org/wiki/Anwar_al-Awlaki
        
               | jollofricepeas wrote:
               | I agree.
               | 
               | The story of Anwar Al-Awlaki and his American US-born son
               | who was killed in the attack authorized by the Obama
               | administration must not be forgotten.
               | 
               | The issue of presidential powers and conduct must be a
               | non-partisan issue. Trump merely walked through the
               | cracks created under Obama.
               | 
               | Being well-intentioned ("protecting Americans against
               | terrorism") is not sufficient excuse for murdering an
               | American minor due to the sins of his father no matter
               | how much the Obama administration DOJ attempted to make
               | it legally permissible to do so.
        
               | greedo wrote:
               | <Trump merely walked through the cracks created under
               | Obama.>
               | 
               | Which were dependent on the GWB administration (forced
               | renditions, torture prisons), the Reagan administration
               | (Iran-Contra etc), the Nixon Administration (Watergate
               | etc), FDR's admin (concentration camps), on and on and
               | on.
               | 
               | The expansion of Presidential power is non-partisan.
               | Congress would be the logical counterbalance but other
               | than in fits and starts has generally abdicated this role
               | to the SCOTUS which has now been captured by believers in
               | the unitary Presidency.
        
               | dullcrisp wrote:
               | Did you actually read the article you linked, or just
               | search for the word "crime?"
        
               | roenxi wrote:
               | Both. I was doing the search because I was thinking "well
               | maybe there was a crime in there somewhere that I
               | missed".
        
               | dullcrisp wrote:
               | Okay. Well in that case, my (uninformed) take is that
               | both holding the president personally criminally liable
               | for actions of the US government that they authorized,
               | and not holding the president accountable for campaign
               | finance violations they undertook on the path to getting
               | elected, are about equally ridiculous. But it seems that
               | we're doing the second one.
        
               | roenxi wrote:
               | I'm honestly lost on what you might be alluding to with
               | the "campaign finance violations"; but that is a classic
               | up there with the remarkable rate that whistle-blowers
               | turn out to be guilty of sexual assault nothing-burgers.
               | I expect candidates will routinely violate campaign
               | finance laws and don't see why that is more than a minor
               | problem until someone outlines what the actual issue is
               | in a specific case.
               | 
               | If they're taking millions of dollars from Chinese NGOs
               | that would be a problem. If they filled out a form
               | wrongly and there is no motive involved that isn't
               | interesting. Might be worth a few political points on a
               | slow news day.
               | 
               | Those laws are a poster child for the high risk of
               | selective enforcement leading to political corruption.
        
               | bawolff wrote:
               | > where he seems to have been killed on the president's
               | orders without actually having done anything specific to
               | justify it.
               | 
               | This was an assaination as part of an armed conflict if i
               | understand correctly.
               | 
               | There are a lot of things you can argue about with the
               | morality of the drone strike program, but its at the very
               | least grey. As a general rule, armed conflict involves
               | killing people who have done nothing wrong other than
               | being on the wrong side of the conflict.
               | 
               | Its possible it still might be a crime, but i think it
               | would be on the standard of if its a war crime, and not
               | an ordinary murder.
               | 
               | P.s. i dont understand what him being an american citizen
               | has to do with it. Its not any more ok to kill non-
               | citizens.
        
               | thinkingtoilet wrote:
               | I posted the original comment everyone is replying to so
               | it's clear I'm not fan of crypto. To be fair, literally
               | everyone I've ever known, including myself, has only ever
               | used cash to buy drugs. I can't put that on crypto.
        
               | dhosek wrote:
               | For online sales of drugs it's through crypto. Also, it's
               | the preferred way of paying ransom these days.
        
               | smcin wrote:
               | You only mean ransom of data or platforms, not people?
        
               | Lionga wrote:
               | Both. All kind of ransom is just better with crypto. Talk
               | about disputing an industry.
        
               | waspleg wrote:
               | The only person I knew who had BTC in like 2008 used it
               | to buy drugs from the Silk Road. They're dead now so it
               | doesn't matter.
        
               | sfn42 wrote:
               | There's a pretty big market for drugs and other illegal
               | things on onion websites. You send an encrypted order,
               | transfer crypto to an escrow wallet, then they send the
               | product in the mail.
        
               | anonym29 wrote:
               | Some of the first early adopters of pagers and cell
               | phones were drug dealers and prostitutes.
               | 
               | The economic conditions that push vulnerable people to
               | committing crimes enhanced by technology are not a
               | condemnation of the technology itself.
        
             | oh_my_goodness wrote:
             | Who's using a ledger system for illegal transactions?
        
             | Salgat wrote:
             | I like how every attempt to legitimize cryptocurrency by
             | the current administration has just resulted in hurting the
             | price of cryptocoins.
        
               | close04 wrote:
               | By now everyone who stands to gain from (ab)using crypto
               | is probably already convinced. Almost everyone else heard
               | so much about scams and illegal activities around crypto
               | that they find it too risky. So the current admin is
               | preaching to a small choir, to the angst of the large
               | one.
               | 
               | What I like is that every time there's a hack, or someone
               | loses money over crypto either due to some illegal action
               | or just unintended consequence of using it, you have a
               | few more people demanding more regulation and state
               | intervention. If only crypto regulation was scoped
               | exclusively to when they need it after being swindled out
               | of it.
        
               | rchaud wrote:
               | That's happening because crypto 'value' doesn't exist in
               | a vaccuum, immune to the vagaries of the tradFi markets.
               | When shit hits the fan, credibility matters. That's why
               | traders park cash in government bonds when a market sell-
               | off happens; a government bond essentially guarantees you
               | get your money back quickly when you're ready to go back
               | into the markets.
               | 
               | The recent moves by the administration have been so
               | incompetent as to tank the bond market as well, thereby
               | leaving few safe harbors. And no harbor is less safe than
               | crypto.
        
             | throwaway2037 wrote:
             | I agree with your assessment of cryptocurrencies. Here is a
             | thought experiment that I use with other people: Ask
             | yourself why none of the top 10 global investment banks
             | have started their own crypto exchange. Now, add the 20
             | largest stock, futures, and options exchanges. Still none.
             | After all, it is "just" market making (with a bit of
             | clearing, custody & execution services). What is wrong with
             | this picture? For me, the real issue is that KYC (know your
             | customer) legal requirements will drain all the profit from
             | the operation and expose the ibank/exchange to enormous
             | legal risk.
             | 
             | Another one to make you scratch your head/chin: The world's
             | busiest crypto exchange is Binance. The Wiki page literally
             | says: "Headquarters: Unknown". How can anyone trust a
             | company like that? Who regulates it? What enforcement
             | agency will help in the event of fraud?
        
               | b3lvedere wrote:
               | 90% agree with this , with the little caveat that law and
               | regulation always are a couple of steps behind huge
               | innovations. Unfortunately sometimes companies think this
               | gives them freedom to break current laws and regulations.
               | 
               | Your thought experiment reminded me a little of the
               | Kurzgesagt video on how to debunk an internet conspiracy
               | in seconds: https://www.youtube.com/watch?v=Hug0rfFC_L8
        
             | smcl wrote:
             | By far the more common use case is as an unregulated asset
             | you can semi-legally pump-and-dump, and to extract money
             | from gullible rubes
        
               | pavlov wrote:
               | As recommended by the President of the United States.
        
               | nicbou wrote:
               | As _demonstrated_ by the President of the United States.
        
               | rchaud wrote:
               | And demonstrated by his new business partner in the
               | private prison industry, Bukele of El Salvador.
        
               | pcthrowaway wrote:
               | You're saying the same thing
               | 
               | > So far, to execute illegal transactions and using the
               | lack of regulations to exploit the financially
               | illiterate.
        
               | smcl wrote:
               | I think this was edited - my understanding of the
               | original comment was that it was primarily for buying
               | things on the darknet ("illegal transactions").
        
           | timcobb wrote:
           | > what's the point of cryptocurrencies in the first place?
           | 
           | Not to be that guy but it seems like the point of
           | cryptocurrencies is to scam vulnerable people...
        
           | xattt wrote:
           | A wanting of having cake, but a desire to eat it too.
        
             | hinkley wrote:
             | Take the cake immediately to your left. Problem solved.
        
           | CursedSilicon wrote:
           | The entire idea of crypto is "I wasn't supposed to be the one
           | holding the bag!"
        
             | hinkley wrote:
             | Musical chairs except you don't want to get a chair.
        
               | what wrote:
               | That game is called Hot potato.
        
             | hx8 wrote:
             | Funny, I thought the whole point was to hold on to the bag
             | as long as you can. Think back to the first time you heard
             | about btc or eth, and how much return a modest investment
             | would have made. It's the people that sold early that lost
             | out.
        
               | vkou wrote:
               | How is that theory going for the bagholders of the
               | graveyard of dead coins and rugpulls?
        
               | hx8 wrote:
               | You're not wrong, but has there ever been a time when
               | buying & holding the 3 largest market cap coins wasn't a
               | winning strategy?
               | 
               | Most of the deadcoins were very low cap, and low cap
               | investments are inherently risky. Most of the rugpulls
               | were schemes around small coins or individuals not
               | actually holding the private keys to the wallet.
        
               | brohee wrote:
               | The purest survivor bias in a while, and even some of the
               | few survivors are in freefall, e.g. Litecoin.
        
           | don_neufeld wrote:
           | > what's the point of cryptocurrencies in the first place?
           | 
           | I think you're answering your own question here
        
           | vonneumannstan wrote:
           | >you can't run to the courts when people use them as
           | designed, even if they didn't use them as intended.
           | 
           | I doubt that will hold up in court. The exact thing could be
           | said about computer networks and hackers exploiting them.
        
           | jstanley wrote:
           | > If you believe in cryptocurrencies, you can't run to the
           | courts when people use them as designed, even if they didn't
           | use them as intended.
           | 
           | If you believe in cash, does that mean you can't run to the
           | courts if someone steals your cash?
           | 
           | If your security proves insufficient to prevent a theft, that
           | doesn't mean the theft was legal! It just means your security
           | was insufficient.
           | 
           | That security can be enforced by mathematics instead of
           | courts is definitely a _benefit_ of cryptocurrency, but when
           | it goes wrong courts still matter.
        
             | crote wrote:
             | The problem here is that those crypto contracts aren't
             | designed to be security. They are intended to be
             | _contracts_.
             | 
             | It's like opening a bank account, and the contract says
             | "You can only access your own money in the vault.
             | Everything you can access is yours to use as you see fit."
             | On your first visit the manager brings you into a vault
             | with hundreds of cash-laden tables. He shows you to an
             | empty table, and says "Here's your table. Enjoy!".
             | 
             | Are you allowed to take money from the other tables?
             | Clearly the _contract_ says you can, but surely that can 't
             | be what they intended? Is it theft to "break their
             | security" by walking over to another table, or is it just a
             | hidden perk of the contract you signed?
        
               | notahacker wrote:
               | Moreover they're designed to be contracts with the
               | explicit intention of enabling trustless exchange
               | _without_ third party oversight, under the belief that
               | the code can replace a legal system
               | 
               | unlike actual contracts, which are written with the
               | expectation that disputes may occur and be resolved by
               | arbitrators and a legal system (who will probably rule
               | that a poorly drafted clause 2b _doesn 't_ in fact grant
               | you the right to take all the other customers' money)
        
             | dandanua wrote:
             | @crote
             | 
             | > Are you allowed to take money from the other tables?
             | Clearly the contract says you can, but surely that can't be
             | what they intended?
             | 
             | If their entire business model is based on giving a service
             | that allows you to store your money in safety without any
             | government dependency, while in reality they allow everyone
             | else to take your money, then they deserve whatever happens
             | to them.
        
               | yifanl wrote:
               | The fact that they deserve to be bankrupt doesn't mean
               | the person responsible for their state of bankruptcy is
               | innocent.
        
             | InsideOutSanta wrote:
             | _> If you believe in cash, does that mean you can't run to
             | the courts if someone steals your cash?_
             | 
             | No, because the point of cash isn't to circumvent
             | government control of the financial system. If you build a
             | whole system just to decentralize financial control and
             | avoid government influence but then appeal to the
             | government as soon as you don't like what happens, you're
             | doing something wrong.
        
               | hinkley wrote:
               | Cash is a fiat currency issued by the government you are
               | running to for restitution. I'm not sure GP understands
               | what fiat currency means.
        
               | kasey_junk wrote:
               | Now do gold.
        
             | koolba wrote:
             | > If you believe in cash, does that mean you can't run to
             | the courts if someone steals your cash? If your security
             | proves insufficient to prevent a theft, that doesn't mean
             | the theft was legal! It just means your security was
             | insufficient.
             | 
             | Stealing someone's private key and then using it to steal
             | their assets is very different from exploiting edge cases
             | of get rich quick schemes.
        
               | Muromec wrote:
               | It's different in means, but not in intent. Sure,
               | extortion, blackmail and robbery all differ from theft,
               | but are illegal all the same
        
               | lelandbatey wrote:
               | It's quite different in intent. When you stash crypto
               | within a defi contract that _you authored_ , and that
               | contract states that the crypto can move under certain
               | conditions, and then folks come along and say "hey, I
               | meet those conditions" and move the crypto, then no crime
               | has been committed!
               | 
               | If you didn't want folks to be able to get the crypto
               | under those conditions, then why did you make the
               | contract grant them the crypto in those conditions? I
               | can't take a stack of $100 bills and leave it on the
               | sidewalk with a post-it note saying "only to be picked up
               | by John" and then sue the person named John who comes by
               | and picks up cash. I also can't get mad when Alice sees
               | the stack and tells her friend John to come pick up the
               | money with his name on it.
               | 
               | So it is with crypto. Why are you using crypto if you
               | don't want to follow the rules? That sounds to me like
               | you're trying to do unregistered securities trades...
        
               | tempestn wrote:
               | In the legal system, formation of a contract requires
               | intent. If it can be demonstrated that there was no
               | intent to form a provision of the contract, no "meeting
               | of the minds", then I don't believe it is enforceable.
               | (Though IANAL.)
        
               | lelandbatey wrote:
               | The point is that there's a pretty big publicly published
               | document informing the world of their intent. It's called
               | a contract, and they said "this will be the rules by
               | which we abide."
               | 
               | It's a very hard battle to say "wow, I didn't intend to
               | have my contract say that, despite writing that and
               | publishing it." You'd have to have a lot of auxiliary
               | material explicitly stating the opposite of what your
               | contract actually said, or you'd have to convince others
               | that what the contact actually says is so difficult to
               | understand that there was no way to anticipate that the
               | contract allows what it does. And even then, I don't know
               | if that'd pass because "I didn't think of that at the
               | time" is commonly not accepted as a way to get out of
               | breach of contract.
        
               | tonyarkles wrote:
               | I think you're confusing "smart contracts" with "legal
               | contracts". They're not entirely different but exploiting
               | a loophole in a smart contract doesn't necessarily meet
               | the standard of a legal one.
               | 
               | > To form a contract, there must be: a) an offer and
               | acceptance of said offer; b) consideration for the offer,
               | or some value exchange; c) an intention to form legal
               | relations; and, d) a certainty of the terms of the
               | contract
               | 
               | https://www.canlii.org/en/commentary/doc/2019CanLIIDocs40
               | 82
               | 
               | The people who made the smart contract almost certainly
               | wouldn't tick all four of those boxes definitively. It'd
               | be an interesting civil case probably!
        
               | MadnessASAP wrote:
               | It's actually pretty well established that a typo in a
               | contract doesn't isn't enforceable, particularly if the
               | party trying to enforce it is acting in bad faith.
        
             | pcthrowaway wrote:
             | If you get into a cash poker game, and someone outplays
             | you, then no, you can't run to the courts
        
           | tempfile wrote:
           | > If you believe in cryptocurrencies, you can't run to the
           | courts when people use them as designed, even if they didn't
           | use them as intended.
           | 
           | Yes, indeed. And when people leave their home unlocked the
           | thieves should get to keep their stuff. What kind of savagery
           | is this?
           | 
           | > If you end up using the legal system to remediate undesired
           | transactions, what's the point of cryptocurrencies in the
           | first place?
           | 
           | Great question, we have been waiting for answers for nearly a
           | decade now...
        
             | DangitBobby wrote:
             | The entire point of a home is not to escape traditional
             | finance. It's by design not compatible with a simple "thief
             | breaks into house" comparison, otherwise the entire
             | enterprise is a scam and they should be criminally
             | prosecuted for fraud the second they ask for legal dispute
             | resolution on transactions that happened on ledger.
        
             | InsideOutSanta wrote:
             | _> And when people leave their home unlocked the thieves
             | should get to keep their stuff._
             | 
             | That's not what happened here. What happened is that the
             | crypto company said, "Follow this contract," and their
             | customer followed the contract and took their money, and
             | then the crypto company was like, "But not like that!"
             | 
             | Ostensibly, the whole point of cryptocurrencies is to
             | decentralize financial control and not depend on
             | governments for that service. If you then depend on
             | governments the second you don't like what happens, there's
             | no point to cryptocurrencies.
        
               | tempfile wrote:
               | If you can't distinguish "not what I intended" from "not
               | what I wanted" then there is probably no reasoning with
               | you. Luckily for the rest of us, making this distinction
               | is a pre-requisite for becoming a judge or lawyer.
        
               | InsideOutSanta wrote:
               | _> Luckily for the rest of us, making this distinction is
               | a pre-requisite for becoming a judge or lawyer._
               | 
               | I have to admit, that's pretty funny. But I will point
               | out that you did not make an argument in support of your
               | position; you merely insulted me.
        
               | tempfile wrote:
               | I really didn't intend that as an insult! I just find it
               | very easy to distinguish between a case where someone
               | followed reasonable rules and got an outcome they didn't
               | like, versus a case where someone found absurd rules -
               | clearly not intended by anyone - and exploited them for
               | an undeserved gain.
               | 
               | If you see a case where someone exploits a badly-coded
               | computer program to take a hundred million dollars from
               | someone, refuses to return any of it (even when offered
               | several million dollars for their trouble), refuses to
               | co-operate with the judges and the rest of civilised
               | society, and just see "waa waa baby doesn't like his
               | medicine" then I don't see how to actually reason with
               | you. That's just a value difference, not really an
               | insult.
        
               | InsideOutSanta wrote:
               | _> I just find it very easy to distinguish between a case
               | where someone followed reasonable rules and got an
               | outcome they didn't like, versus a case where someone
               | found absurd rules - clearly not intended by anyone - and
               | exploited them for an undeserved gain_
               | 
               | I think you overestimate how easy it is to distinguish
               | between these two. A reasonable common example is people
               | like Bernard Marantelli exploiting lotteries. The lottery
               | does not intend for people to play as Marantelli does.
               | You can (and people do) argue that he's stealing money,
               | but should he go to jail for playing the lottery in a way
               | "not intended by anyone"? I don't think so.
               | 
               | It's the same with card counters at a casino. The casino
               | can throw card counters out because they can decide who
               | plays at their establishment, but it would be
               | unreasonable to jail card counters for playing blackjack
               | in a way casinos don't intend.
               | 
               |  _> If you see a case where someone exploits a badly-
               | coded computer program to take a hundred million dollars
               | from someone_
               | 
               | This phrasing removes relevant context to the point where
               | it no longer represents what actually happened.
               | 
               |  _> refuses to return any of it (...)_
               | 
               | I did not comment on any of this at all.
               | 
               |  _> I don't see how to actually reason with you_
               | 
               | This is dismissive and denies my ability to be convinced
               | by reasonable arguments. It is insulting, even if it's
               | not intended that way.
        
               | tempfile wrote:
               | I think both those cases are easy to decide, and are
               | legitimate play. Even if they were not legitimate, I
               | think the remedy is simple -- not jail, but at worst
               | return the money that was taken. In this case, even if
               | deciding the merit of the case is hard, there was a
               | transparently reasonable remedy (return 90% of the funds,
               | continue with your life) which Medjedovic rejected. More
               | than just rejecting the offer, he then went on to launder
               | the tokens through a mixer, fled the country, and has
               | refused to put the funds in escrow while the case is
               | decided in court. None of this is reasonable, in my
               | opinion, and I am 100% ok with the legal system forcing
               | him to comply.
               | 
               | > This phrasing removes relevant context to the point
               | where it no longer represents what actually happened.
               | 
               | I don't think it does, but you don't explain why, so
               | there is not much to argue. It is hard to get an
               | objective description of what happened, but as far as I
               | can tell, the liquidity pools operated by Indexed Finance
               | are governed by a smart contract, the smart contract
               | contained a mistake, and by exploiting that mistake,
               | Medjedovic was able to drain them completely.
               | 
               | Can you explain to me in simple english how that is using
               | the contract as intended? Note that "it's what the smart
               | contract said" is not sufficient, for the same reason
               | that "the web server allowed me to make that request" is
               | not a defence against a charge of computer hacking. What
               | the smart contract says is actually almost irrelevant.
               | What is relevant is what it was _intended_ to do.
               | 
               | Incidentally, why should I be rooting for this guy? It
               | seems like literally the only argument in favour of what
               | he did here is "everything that is possible is fair". His
               | extraction of money is purely parasitic, and aside from
               | merely identifying the bug, he hasn't done any useful
               | work at all. I would grant that this applies to the
               | lottery and card counting examples too. But why should I
               | care that he's having his money taken away?
        
               | InsideOutSanta wrote:
               | _> I think both those cases are easy to decide_
               | 
               | Many people disagree with you and describe what these
               | people do as theft, so it's not as easy as you think.
               | 
               |  _> which Medjedovic rejected_
               | 
               | I made no points at all about what he did afterward. This
               | is all irrelevant to my point.
               | 
               |  _> I don't think it does, but you don't explain why_
               | 
               | I did explain why further up in the thread. It's not just
               | a badly coded computer program; it's a badly coded
               | computer program _that acts as a contract intended to
               | circumvent government control of money._ That 's the
               | context.
               | 
               | People agree to adhere to the smart contract instead of
               | putting their money into a financial institution that
               | uses contracts backed by laws enforced by governments.
               | This guy adhered to the smart contract, and when the
               | crypto company didn't like the outcome, they decided that
               | none of the crypto stuff mattered and that the laws
               | enforced by governments mattered after all.
               | 
               | But this makes cryptocurrencies entirely pointless. If
               | you can use legal means to circumvent undesired smart
               | contract outcomes, then you can just do that in the first
               | place and not have the smart contract.
               | 
               |  _> Can you explain to me in simple english how that is
               | using the contract as intended?_
               | 
               | Yes, of course. Smart contracts are self-executing
               | contracts. The agreement you make is written in the code
               | of the contract. That is the intention behind a smart
               | contract. It makes no sense to say that you did not
               | adhere to the contract if it allowed you to do something.
               | So by definition, anything you do that the contract
               | enables you to do is using the contract as intended.
               | 
               |  _> Note that "it's what the smart contract said" is not
               | sufficient, for the same reason that "the web server
               | allowed me to make that request" is not a defence against
               | a charge of computer hacking_
               | 
               | Again, this argument ignores the context of smart
               | contracts. Web servers don't claim that their code is a
               | contract.
               | 
               |  _> why should I be rooting for this guy_
               | 
               | It doesn't matter. I'm not rooting for this guy. I'm not
               | arguing emotionally in favor of some guy who did
               | something. In fact, I think he's a shithead.
        
               | tempfile wrote:
               | > It makes no sense to say that you did not adhere to the
               | contract if it allowed you to do something.
               | 
               | I think this is the point where I really disagree with
               | you. I don't see how this is different for smart
               | contracts, as opposed to, say legal contracts written in
               | english. It is not true in general that just because a
               | contract says something, that those exact terms are
               | enforced. There is a whole body of law around what terms
               | are enforceable, what to do in cases of mistakes, and so
               | on.
               | 
               | I am now really unclear on what your position is. I
               | thought originally that you were in favour of smart
               | contracts, and that it was somehow unfair or unethical
               | for e.g. a court to rule whether a smart contract was
               | intended to do something different than what it did. So I
               | am trying to understand why you think it is unethical. In
               | this case I think it is unethical to obey the smart
               | contract, and that what this kid did is unethical and
               | should be illegal. Are you saying what he did is wrong,
               | but he should be allowed to do it anyway? If so, why?
        
               | InsideOutSanta wrote:
               | _> I don't see how this is different for smart contracts,
               | as opposed to, say legal contracts written in english_
               | 
               | It's different because the whole purpose of smart
               | contracts is to circumvent governmental power structures.
               | Otherwise, people would use regular contracts.
               | 
               | Technologically, it's much easier to set up a payment
               | system using a centralized database in a specific
               | jurisdiction and have people sign normal contracts to use
               | the system. People create cryptocurrency systems to
               | _avoid_ that. They put much effort into creating payment
               | systems independent of existing power structures. If this
               | system does not work without backup from the legal system
               | and governmental power, then all that effort is
               | pointless.
               | 
               |  _> I thought originally that you were in favour of smart
               | contracts_
               | 
               | I think they're interesting.
               | 
               |  _> Are you saying what he did is wrong, but he should be
               | allowed to do it anyway?_
               | 
               | Yes.
               | 
               |  _> If so, why?_
               | 
               | Using existing governmental power structures to punish
               | people who adhere to smart contracts in ways some system
               | members don't like invalidates the whole system. If
               | cryptosystems don't work purely technologically without
               | judicial support, they don't work, period.
        
               | tempfile wrote:
               | I think you're letting the perfect be the enemy of the
               | good. It seems like an obvious advantage to have systems
               | that decide the outcome automatically and correctly 99%
               | of the time, despite requiring occasional corrections
               | from outside. That's not the same as a regular contract,
               | so it doesn't follow people would always either choose
               | smart contracts or traditional ones.
               | 
               | What you're hoping for is, taken literally, impossible.
               | Smart contracts can't protect people from fraud, or
               | coercion. Since the law _does_ protect them from these
               | things, smart contracts cannot be totally isolated from
               | the legal system (even if everyone wanted this, which
               | they don 't).
               | 
               | > Using existing governmental power structures to punish
               | people who adhere to smart contracts in ways some system
               | members don't like
               | 
               | Fine, but what about in ways that _the rest of society_
               | don 't like?
        
               | InsideOutSanta wrote:
               | _> It seems like an obvious advantage to have systems
               | that decide the outcome automatically and correctly 99%
               | of the time_
               | 
               | That's what traditional systems already do.
               | 
               |  _> Fine, but what about in ways that the rest of society
               | don't like?_
               | 
               | They don't participate in crypto.
        
               | protocolture wrote:
               | The problem is that Smart Contracts aren't sold as
               | "Computer Program" they are sold as binding agreements
               | forged in code. The code was agreed to by all parties.
               | 
               | I absolutely get your position, and possibly
               | hypocritically supported the main branch when ethereum
               | had a big fork over exactly this issue. But its also not
               | hard to see where the "code is law" guys are coming from.
        
               | tempfile wrote:
               | I don't think this matters. It's equally true of natural
               | language contracts, which are litigated constantly.
        
               | FireBeyond wrote:
               | > Luckily for the rest of us, making this distinction is
               | a pre-requisite for becoming a judge or lawyer.
               | 
               | Actually, in many parts of the US, you do not have to
               | have any law education to become a judge in district
               | courts.
        
               | danielmarkbruce wrote:
               | It's like building a home on a land which has no system
               | of law because you like anarchy, and then complaining
               | when a fellow anarchist steals your stuff.
        
           | BlackFly wrote:
           | You'll need a stronger defense than that in court because
           | courts absolutely create and deal in gray areas where
           | technical fine lines exist.
           | 
           | What you need to argue is that the the smart contracts were
           | valid contracts that the creators intended to and had
           | opportunity to understand and that their creation was their
           | act of negotiation of a position. It isn't really a stretch,
           | but with amounts like this probably more diligence would have
           | been due than that. Calling it theft is ridiculous on the
           | other hand.
        
             | Calwestjobs wrote:
             | it can be said that laws are social contract
        
               | kulahan wrote:
               | I disagree simply on the principle that nobody has any
               | choice in whether or not to participate. Calling it a
               | social contract just sounds too... soft? for what it
               | really is.
        
               | esperent wrote:
               | > nobody has any choice in whether or not to participate.
               | 
               | You've hit a key point of disagreement amongst
               | philosophers about the idea of the social contract.
               | 
               | Some of them say it's not voluntary because we were all
               | born into a existing society, others say, sure it is, you
               | can just give up all your property and go live in the
               | forest.
               | 
               | Others then reply that disabled people and children can't
               | do that.
               | 
               | But also the idea of living in a forest is not really an
               | option for most people in the modern world. So my
               | personal take is that the social contract is inherently
               | non-voluntary in the modern world.
               | 
               | > Calling it a social contract just sounds too... soft?
               | for what it really is.
               | 
               | Why do you think a social contract implies softness? For
               | most of it's existence the social contract allowed
               | slavery, ritual killing in the form of warfare and duels,
               | and it still allows the death penalty in much of the
               | world.
        
               | Nevermark wrote:
               | > Why do you think a social contract implies softness?
               | For most of it's existence the social contract allowed
               | slavery, ritual killing in the form of warfare and duels,
               | and it still allows the death penalty in much of the
               | world.
               | 
               | I think they are saying that the words "social contract"
               | sound more collaborative and voluntary (to them) than
               | what the phrase actually refers to. Your examples would
               | only reinforce that view.
               | 
               | It is a subjective stance on a coined phrase, but given
               | most of our laws were settled by people not living now,
               | and enforced on people not living when the laws were
               | created, and there is no periodic process of ensuring
               | laws reflect the living, the words "social" and
               | "contract" are being stretched quite a bit.
               | 
               | (On the other hand, the meanings of most phrases drift
               | from the nominal meanings of their constituent words.)
        
               | dullcrisp wrote:
               | I don't think something being a contract is reliant on
               | there being a compelling alternative though. But then
               | it's usually hard to tell what's important to
               | philosophers.
        
               | esperent wrote:
               | > I don't think something being a contract is reliant on
               | there being a compelling alternative though
               | 
               | Legally, a contract must be entered into voluntarily by
               | both parties. If either party is coerced into joining,
               | then it is no longer considered to be a contract. I
               | assume that philosophers use the same meaning of the word
               | contract.
        
               | dullcrisp wrote:
               | But you'd have to draw a distinction between "I have to
               | sell my company to Microsoft because they're the only
               | ones with the expertise to run it," and "Microsoft sent
               | someone to hold a gun to my head until I signed this
               | paper even though I actually have other options."
               | 
               | In this case it seems more like the former since no one
               | is really actively combing the woods for hermits and
               | forcibly integrating them into society. I guess it's not
               | unimaginable for something like that to happen, but I
               | don't think you could say that that's reason that most of
               | us are part of society. I do guess you could argue that
               | point, but the argument would have to be that society is
               | actively taking away viable alternatives to force people
               | who otherwise would not have to have to join it, not that
               | such alternatives never existed in the first place.
        
               | lazide wrote:
               | I dare you to name a forest that someone won't try to
               | kick you out of pretty quickly.
               | 
               | The US has forest rangers, among others, as do most
               | countries. Even in remote Siberia and Alaska, it likely
               | won't be long before someone defending a mining claim or
               | similar gets you removed or tries to shoot at you, though
               | you might get long enough in some spots to live half a
               | life at least.
               | 
               | Every society I'm currently aware of has something
               | similar going on, and they absolutely are trying to
               | remove opportunities to stay outside of their bounds.
        
               | RHSeeger wrote:
               | But the benefit of living in a society is that those
               | people that _cannot_ survive without the society, _can_
               | with it. They still have the option to live outside
               | society, they'll just perish. And that sucks. But by
               | being part of society and gaining the benefits thereof,
               | you are agreeing to follow it's rules (or suffer the
               | consequences if you do not).
               | 
               | I would not survive away from society due to medical
               | needs. In exchange for being able to acquire the items I
               | need to survive, I follow the constraints of living in
               | that society. But it _is_ a choice. I could choose to go
               | live in the woods without said benefit; and I'd die.
        
               | Detrytus wrote:
               | But the point of "living in the forrest is not an option"
               | isn't that the person in question is incapable of
               | surviving there. It is that the society claims ownership
               | of the forrest an will punish you for trying to live
               | there. I mean, try sleeping in your own car in
               | California, or some other US states...
               | 
               | That's just the nature of almost any society: they are
               | actively hostile towards such outliers.
        
               | esperent wrote:
               | To be fair, this philosophical discussion originated in
               | the time of Locke and Hobbes, and back then it was far
               | more viable to go off and live in a forest, especially if
               | you went to America to do it.
        
               | esperent wrote:
               | > But the benefit of living in a society is that those
               | people that _cannot_ survive without the society, _can_
               | with it
               | 
               | Hence why it's a "contract". Both parties benefit.
               | Society gets to exist, the people in it _mostly_ have
               | better lives than they would living alone in a forest.
               | Admittedly, that 's a low bar and we could stand to
               | improving things.
        
               | _Algernon_ wrote:
               | >But also the idea of living in a forest is not really an
               | option for most people in the modern world. So my
               | personal take is that the social contract is inherently
               | non-voluntary in the modern world.
               | 
               | This idea is ridiculous because even if you could go live
               | in a forest a large part of the enlightenment was that
               | states grabbed control of the periphery (forests) of
               | their domain. You can no longer run of into the forest.
               | The state will still want you to fit into the existing
               | ownership structures, censuses, taxation regimes, etc. If
               | you commit a crime it will still be decided by the
               | existing courts.
        
               | giantg2 wrote:
               | "you can just give up all your property and go live in
               | the forest."
               | 
               | And these people are wrong since the laws will still be
               | applied there. If you don't own the land you are likely
               | trespassing, squating, etc.
        
               | immibis wrote:
               | If you don't sign a contract you are not bound by it, and
               | you are not protected by it. If the law doesn't apply to
               | you, that cuts both ways: people can kidnap or murder you
               | with impunity for any valid-sounding or completely-made-
               | up reason.
        
               | giantg2 wrote:
               | Consent has nothing to do with signing, look at TOS. Same
               | things with laws - you're subject to them just because
               | you're in their domain.
        
               | protocolture wrote:
               | Social Handcuffs
        
             | Brybry wrote:
             | In the indictment[1] he's not charged with theft.
             | 
             | He's charged with:
             | 
             | 1) wire fraud (the smart contracts/swap exploit)
             | 
             | 2) unauthorized damage to a protected computer (running the
             | exploit on the ethereum network)
             | 
             | 3) attempted hobbs act extortion (contacting kyberswap to
             | attempt to gain control of kyberswap in exchange for return
             | of some of the crypto)
             | 
             | 4) money laundering conspiracy
             | 
             | 5) money laundering (knowingly laundering the proceeds of
             | the previous, including paying an undercover agent to help
             | bypass a blacklist to do so)
             | 
             | [1] https://www.justice.gov/usao-
             | edny/media/1388036/dl?inline
        
               | throwaway2037 wrote:
               | Hat tip for that indictment document. Here is the
               | official press release (parent page to your doc?) from
               | the Dept of Justice: https://www.justice.gov/usao-
               | edny/pr/canadian-national-charg...
        
               | BlackFly wrote:
               | Yes, I cite that in another comment. The article calls it
               | theft, well specifically they say "stole" but that
               | implies theft.
        
           | pchangr wrote:
           | The point of bitcoin, in words of their creator is to "allow
           | online payments to be sent directly from one party to another
           | without going through a financial institution." That's it.
        
           | Braxton1980 wrote:
           | >cryptocurrencies in the first place?
           | 
           | To get 30mg oxy
        
           | analog31 wrote:
           | Money is a technology. Its purpose is whatever use you want
           | to put it to.
           | 
           | Like any technology, a money system can be designed so that
           | it works well enough for a small set of intended purposes,
           | and poorly for all other purposes. Moreover, its uses can be
           | constrained by laws.
           | 
           | I think an open question is whether existing laws related to
           | money or property apply to cryptocurrencies. For instance,
           | "theft" and "fraud" cover a lot of things, without
           | specifically listing all of them.
           | 
           | If it's ambiguous whether such laws apply to crypto, then
           | sure, someone could use the legal system to settle the
           | matter. In fact, using the legal system to remediate
           | undesired transactions could be as good a use of crypto as
           | any, if "anything goes."
        
           | FireBeyond wrote:
           | Yup. Exactly. "The code is law". Well, sometimes you learn
           | you're not as good at code as you thought you were.
        
           | -__---____-ZXyw wrote:
           | This!? Which? What..? Why!?
        
           | __MatrixMan__ wrote:
           | The point of cryptocurrencies is to reward people who make
           | hardware available for in-public multiparty computation. The
           | point of _that_ is to be able to create rulesets and expect
           | that they 'll be followed within the confines of the system.
           | 
           | It's bonkers to me that the only rulesets people care to
           | implement on such a platform are just reflections of money as
           | we know it. How unimaginative. I wish we'd make something new
           | rather than translating something old--bugs and all--into a
           | new language.
        
             | BobbyJo wrote:
             | Hardware availability is a use case of cryptocurrency, but
             | not the point. The point is a decentralized accounting
             | system that no single party can manipulate, for good or
             | bad. You can apply that to hardware availability, digital
             | game economies, supply chain accounting, etc. but the
             | _point_ of crypto is more abstract than any of that.
        
               | Calwestjobs wrote:
               | his point was correct
        
               | godelski wrote:
               | For those unfamiliar, see "The Cypherpunk Manifesto"
               | We are defending our privacy with cryptography, with
               | anonymous mail forwarding systems, with digital
               | signatures, and with electronic money.
               | 
               | https://www.activism.net/cypherpunk/manifesto.html
               | 
               | Or "The Crypto Anarchist Manifesto"
               | Computer technology is on the verge of providing the
               | ability for individuals and groups to communicate and
               | interact with each other in a totally anonymous manner.
               | Two persons may exchange messages, conduct business, and
               | negotiate electronic contracts without ever knowing the
               | True Name, or legal identity, of the other.
               | 
               | https://groups.csail.mit.edu/mac/classes/6.805/articles/c
               | ryp...
        
               | __MatrixMan__ wrote:
               | I agree with:
               | 
               | > the point of crypto is more abstract than any of that
               | 
               | It has to do with operating in spite of somebody who
               | would otherwise tamper with your information. It's about
               | durability in the face of sophisticated adversaries.
               | 
               | I was trying to get at the point of crytocurrency. The
               | accounting system can handle anything at all, so why
               | bother with the coins? We've had coins for thousands of
               | years, they're the most boring app imaginable. Why bother
               | maintaining artificial scarcities when we could be
               | addressing real ones?
               | 
               | But at the end of the day, if nobody provides hardware
               | for it to run on, then, we can't have that accounting
               | system. And those people have to pay their electric
               | bills, and for the hardware they're using, and for that
               | they need something money-shaped. The point of
               | cryptocurrency is to be that money-shaped thing. We need
               | it to interface with the traditional finance system until
               | we can replace that system with something better.
        
             | throwpoaster wrote:
             | Let's do it! What's the idea?
        
               | __MatrixMan__ wrote:
               | A list of ways people can trust each other (e.g. to be a
               | skilled plumber, or to be a fair mediator, to be a real
               | human, to not let their key get compromised, and many
               | other things). I call these colors.
               | 
               | Also there's a directed graph where the nodes are users.
               | Edges on this graph indicate that this user trusts that
               | user, the edges are colored to indicate which type of
               | trust it is.
               | 
               | Given two users, they can compare graphs to decide if
               | they both trust (transitively) any other users in some
               | set of colors. Also, if cycles appear, then that cycle is
               | a community of experts and they can follow the graph in
               | reverse to find out which other users consider them
               | experts.
               | 
               | It's sort of like how we have representatives in
               | congress, except instead of being one layer deep with
               | millions of people being represented by one, it can be as
               | nested as needed to ensure that the experts are not
               | overloaded (since many of us are somewhere in the middle,
               | we distribute the load by playing both roles--depending
               | on who we're dealing with). It also differs from typical
               | representative democracy because you can express trust in
               | somebody's diplomacy and simultaneously avoid trusting
               | their understanding of economics (or whatever other
               | colors you care to).
               | 
               | Ideally it would be a system in which the most trusted
               | and capable people for any job are easy to find and easy
               | to support, and in which we focus on becoming skilled and
               | trustworthy rather than on the ownership of scarce
               | things.
               | 
               | Human societies already work like this, they have for a
               | million years or so, but it stops working well when the
               | cognitive burden of walking all of these trust graphs
               | becomes too much to bear, then things get authoritarian.
               | We now have the technology to scale it better, but the
               | implicit non-specialized authorities are still in charge.
               | 
               | A couple of applications for this that could work in the
               | near term:
               | 
               | 1. If you have a dispute, you can use the data find a
               | mediator who is trusted by you and the other party. And
               | not just trusted, but trusted in the relevant way. This
               | is a step towards a better court system, better because
               | the arbiter is explicitly trusted by the complainants and
               | because the arbiter is an expert in the color of the
               | complaint.
               | 
               | This would solve the well-somebody-needs-to-be-able-to-
               | undo-the-transaction problem without invoking a bank and
               | without leaving it unsolved. The transaction arbitrator
               | would be determined by the trust settings of the parties
               | to the transaction. There's a lot more consent and
               | specificity in that than in what we're doing.
               | 
               | 2. If you find a dubious claim, you can see who signed it
               | and check for a trust path between you and that person.
               | 1,000,000 fake amazon reviews mean nothing through that
               | lens, since you don't trust them. But two or three
               | reviews signed by people that you explicitly trust
               | (perhaps transitively) would mean a great deal. This
               | gives us a way to ignore scammers and malicious AI's and
               | creates a space in which being trustworthy is an asset
               | (contrast this to the world we've built which is more
               | about commanding the most attention).
               | 
               | I'm not saying I have it right, but such things are worth
               | trying in general, and "crypto" isa much better medium
               | for them than bureaucracy (although I'm more excited
               | about CRDT's than blockchains, because I think partition
               | tolerance is more important than consistency).
        
             | oh_my_goodness wrote:
             | Guessed translation: "The point of cryptocurrencies is to
             | reward the people who do cryptocurrency infrastructure."
             | 
             | That's the point for them. It's not the point for anybody
             | else.
        
             | Jasper_ wrote:
             | But how do you reward people within the system? You need
             | some sort of token with value...
        
               | __MatrixMan__ wrote:
               | You could contribute to a goal that they care about, or
               | give them something they need, or help find somebody who
               | will. Or you can promise to do so in the future.
               | 
               | Using "value" as a medium is problematic because we
               | increasingly don't value the same things. It worked ok
               | back when food took so much effort to grow that securing
               | it represented a significant portion of our mindshare.
               | Then money was reliably a proxy for our shared agreement
               | that food was good.
               | 
               | But now that it's so much easier to make the necessities
               | that we agree on, we spend more time perusing
               | contradictory outcomes. Which is more valuable, if my
               | endeavor succeeds and yours fails, or visa versa? Whose
               | agenda am I furthering when I decide to value a dollar?
               | It's hard to participate in because I can never figure
               | out whether I'm hurting or helping.
               | 
               | Better would to let people be explicit about what they
               | want so that we can the things that have consensus and
               | work towards those. As it is we're letting the ownership
               | of scarce abstractions determine what gets done, which is
               | just bonkers. It was once the best we could do with only
               | the laws of physics at hand to enforce the rules (re: the
               | scarcity of gold), but now we can do better.
        
           | CPLX wrote:
           | I mean you can believe in cryptocurrency. But why do courts
           | have to believe in it?
        
           | gamblor956 wrote:
           | "Code as law" was attempted as a defense in another token-
           | related "hacking" case.
           | 
           | It didn't work there, and it won't work here either.
           | 
           |  _If you end up using the legal system to remediate undesired
           | transactions, what 's the point of cryptocurrencies in the
           | first place?_
           | 
           | That is a philosophical argument completely unrelated to
           | whether or not something is illegal. Cryptocurrencies aren't
           | a replacement for the law, nor do they stand outside of it.
        
             | 2muchcoffeeman wrote:
             | I feel like the current state of affairs is a consequence
             | of mixing real money systems with crypto and then making it
             | easy to invest in.
             | 
             | Because it sure looks like they intended for "code is law"
             | to be the case. Many of the oft cited use cases were to
             | circumvent traditional systems.
        
             | andy81 wrote:
             | > That is a philosophical argument completely unrelated to
             | whether or not something is illegal.
             | 
             | Most comments saying that cryptocurrency holders should
             | abide by "code is law", are not actually saying that we
             | should abide by "code is law" and abandon the legal system.
             | 
             | It's a classic argument to show that the purported benefits
             | of cryptocurrency are a farce.
        
           | nkrisc wrote:
           | > If you end up using the legal system to remediate undesired
           | transactions, what's the point of cryptocurrencies in the
           | first place?
           | 
           | In this case, to make money. These are not ideological
           | purists, they're capitalists.
        
           | Taek wrote:
           | Just because some subsets of the crypto industry want to
           | operate entirely outside the law doesn't mean the whole
           | industry wants to operate outside the law. As evidenced by
           | anyone who pays taxes on their crypto.
           | 
           | Saying "he used the system as it was designed, even if not as
           | intended" is more or less equivalent to saying that any
           | computer hack or zero day is also "using the computer system
           | as designed".
           | 
           | You even plausibly extend that to picking locks in the
           | physical world.
           | 
           | So yes, it does make sense for the law to get involved.
        
             | protocolture wrote:
             | If a smart contract requires a court to execute you really
             | should have just used a regular contract no?
        
               | EGreg wrote:
               | No. Definitely not.
               | 
               | Smart contracts are supposed to eliminate a huge swath of
               | disputes, so often people don't need courts at all.
               | People can put business rules in place that aren't
               | violated - and not just for contracts.
               | 
               | For example bidders at Christie's and Sotheby's sometimes
               | don't have the money but the houses can't make a big
               | scandal. They try to hold another auction and sell it to
               | someone else as if the guy sold it.
               | 
               | In crypto it would be trivial to endure bidders have put
               | up the money. You can refund the lowest bidder below N
               | winners. You can also ensure payouts happen at agreed-
               | upon rates. You can prove escrow. And stuff like that.
               | 
               | Imagine a bunch of donors or investors seeing how their
               | money is spent because it is on the blockchain. Or
               | imagine a community having roles and knowing that each
               | role was granted properly.
               | 
               | In web2 anyone who can get into the database can modify
               | any records and then you hope court cases and chilling
               | effects will undo the damage retroactively.
        
               | protocolture wrote:
               | >Smart contracts are supposed to eliminate a huge swath
               | of disputes, so often people don't need courts at all
               | 
               | That just sounds like near total agreement with me.
               | 
               | Dont get me wrong, I love smart contracts conceptually.
               | But if the parties to a smart contract desired court
               | arbitration, they should include a function for it in the
               | smart contract. Like a swing vote for a trusted third
               | parties keys.
               | 
               | Without that, to me, you are signalling acceptance of the
               | outcome of the code without arbitration. If you seek a
               | court to interfere with the execution of a smart contract
               | that never included a provision for arbitration then you
               | are in my mind, as guilty of ignoring the intent of the
               | smart contract as any hacker might be.
               | 
               | And if you were just going to court to dispute the smart
               | contract, you may as well just have accepted a legacy
               | contract. Escrow, multiple parties, etc etc all solved
               | problems in the traditional legal space.
        
               | EGreg wrote:
               | The key is that the smart contract framework introduces a
               | feature that is used let's say 2% of the time.
               | 
               | So I disagree even if you used that feature of the
               | framework, that you "may as well have used a non smart
               | contract".
        
               | unsupp0rted wrote:
               | > In crypto it would be trivial to endure bidders have
               | put up the money.
               | 
               | And also not in crypto, as has been done for thousands of
               | years
        
               | Taek wrote:
               | Smart contracts give you a lot of financial automation
               | and guarantees that regular courts do not. Furthermore,
               | any litigation or arbitration in court is very expensive.
               | If you can use smart contracts to simultaneously increase
               | the complexity and sophistication of your transactions
               | while also reducing the number of times you need to go to
               | court, you've created value.
               | 
               | And, a lot of crypto projects do pair their smart
               | contracts with regular contracts, or at the very least
               | with ToS
        
             | ellen364 wrote:
             | It seems more like a contract dispute to me. My first
             | thought is that a commercial court could decide who keeps
             | the money.
             | 
             | (Clearly in the real world the American authorities have
             | decided it's a criminal matter. I just find it odd that a
             | "smart contract" dispute falls under criminal rather than
             | commercial law.)
        
           | Vegenoid wrote:
           | > If you end up using the legal system to remediate undesired
           | transactions, what's the point of cryptocurrencies in the
           | first place?
           | 
           | Agreed, but there is already a very similar case where "code
           | is law" was tested, and failed:
           | https://www.justice.gov/archives/opa/pr/man-
           | convicted-110m-c...
           | 
           | It turns out that once a financial system becomes big enough,
           | the US will apply its finance laws to it. Finance laws are
           | designed to prevent sudden unexpected transfers of wealth
           | from one (wealthy) unwilling party to another based on
           | unanticipated loopholes.
        
           | wnevets wrote:
           | > what's the point of cryptocurrencies in the first place?
           | 
           | To funnel cash to regimes like North Korea
        
           | lupusreal wrote:
           | > _If you believe in cryptocurrencies, you can 't run to the
           | courts when people use them as designed_
           | 
           | Shouldn't, but _can_.
           | 
           | Anyway, you're assuming most of these crypto people are true
           | believers in the technical attributes of crypto currencies,
           | but I think most of them don't understand or care about that
           | and are just trying to get rich.
        
         | echoangle wrote:
         | Is that how it works legally? If you hack into computers using
         | a zero day, did you also just access the computer according to
         | the way it was programmed? Just because you can do it
         | technically doesn't mean it's not fraud/something else.
        
           | cherryteastain wrote:
           | If that's not how it works, where's the line for what is
           | fraud and what is not? Once you move away from the "code is
           | law" principle, companies have the perverse incentive to
           | define fraud as "any transaction that results in negative PnL
           | for me", which is exactly what happened here.
        
             | freejazz wrote:
             | What does one have to do with the other? Fraud is
             | "intentional deception to gain an unfair or illegal
             | advantage, often resulting in financial or legal harm" what
             | does that have to do with code? What could code even do
             | about fraud?
        
               | cherryteastain wrote:
               | If fraud is "intentional deception", who did this guy
               | deceive? Everything was out in the open.
        
               | freejazz wrote:
               | What does that have to do with my question?
        
             | dan-robertson wrote:
             | Isn't, in the US system, the definition of fraud built up
             | through a combination of legislation and case law from
             | previous 'grey area' cases? I think most laws tend to have
             | some balance between what is easy to define/understand and
             | what is desirable to allow/disallow.
        
             | echoangle wrote:
             | ,,Code is law" isn't a thing. Go tell a judge that your
             | hacking is legal because the code allowed it. That's not
             | something that's allowed by law.
        
               | archontes wrote:
               | Imagine I write a contract and empower an AI to execute
               | it. I put $10,000 in a bank account and write, "I'd like
               | a nice car."
               | 
               | I do this of my own free will, at my own hazard. I know
               | I'm playing this game. I have intentionally elected to
               | use a system that will execute without any further
               | intervention or oversight on my part. Verbally, I state
               | that I am confident enough in the writing of my
               | instruction that I feel secure in whatever outcome it may
               | bring.
               | 
               | The system automatically executes and someone has sold me
               | a very nice remote control car.
               | 
               | I sue that person.
               | 
               | Why should I have standing?
        
               | olddustytrail wrote:
               | Like buying from eBay?
        
               | cherryteastain wrote:
               | I am well aware that "code is law" has no weight in
               | actual law. The point I tried to raise was, given the
               | following sequence of events:
               | 
               | 1. You deploy a smart contract to the ethereum blockchain
               | 
               | 2. I interact with your smart contract in some manner
               | 
               | how do we define whether the manner of interaction in
               | step 2 is fradulent or not?
               | 
               | "Code is law" is one interpretation by crypto enthusiasts
               | to define under what conditions interacting with the
               | blockchain is fraud; in their definition, it's never
               | fradulent.
               | 
               | Let's assume "code is law" is nonsense, as many comments
               | here say. Then, under what conditions do we define
               | interacting with the blockchain as fradulent? What is
               | fraud and what is not fraud?
               | 
               | Edit: In the blockchain we can even formalize this. The
               | ethereum blockchain at block K has a certain state S_K. I
               | submit a certain transaction/set of instructions T to the
               | blockchain which is mined as block K+1. How do we define
               | a function isIllegal(S_K, T)? (Assuming block K+1
               | contains EVM instructions from my transaction T only)
        
               | danielvf wrote:
               | The physical universe advances from state to state, but
               | we define still can call certain behaviors illegal.
               | 
               | https://xkcd.com/1494/
        
               | cherryteastain wrote:
               | Alright, please go ahead and define under what legal
               | pretext this guy's behavior might be illegal.
               | 
               | There are other cases where interacting the blockchain is
               | illegal in a very clear manner. Example: if I know an
               | Iranian or North Korean entity has the keys to an
               | Ethereum wallet, and if I send USDT to that wallet as a
               | Western citizen, that is very illegal due to sanctions.
        
               | danielvf wrote:
               | There is a US indictment which lays out the basics of the
               | which laws Medjedovic is accused of breaking.
               | 
               | https://www.justice.gov/usao-edny/pr/canadian-national-
               | charg...
        
               | echoangle wrote:
               | You're never going to find a binary function that tells
               | you if something is legal or not, in the end it's up to a
               | human judge to decide. But imagine setting up a search
               | engine and I enter " Robert'); DROP TABLE INDEX; --" as a
               | search term. Would you say that's a crime? That's a
               | perfectly fine thing to search for, right?
        
               | cherryteastain wrote:
               | Yes, perfectly fine, and the fact that you can paste that
               | string into this website without being put in prison is
               | testament to that!
        
               | Hizonner wrote:
               | > You're never going to find a binary function that tells
               | you if something is legal or not, in the end it's up to a
               | human judge to decide.
               | 
               | ... but the whole point of cryptocurrency, or at least of
               | smart contracts and "DeFi", is to reject that and try to
               | build a parallel system. That's presumably based on a
               | belief that you _can_ write code that behaves the way you
               | intend, regardless of whether you really can do that or
               | not.
               | 
               | So perhaps the judge should decide "Well, you signed up
               | for that when you tried to opt out of having human
               | judgement govern your deals. Have a nice day.".
               | 
               | And in fact perhaps there should be formal statutory law
               | that makes it clear that's what the judge is supposed to
               | decide in any case that isn't itself "borderline"
               | somehow. Which the case at hand shouldn't be.
        
               | echoangle wrote:
               | If I put up a sign ,,trespassers will be enslaved" on my
               | property and then force people who trespass to work for
               | me, would that be fine because they knew what they were
               | getting into? You can't just create your own justice
               | system which contradicts the real one by making
               | contracts.
        
               | Hizonner wrote:
               | You _can_ give away your money by making contracts.
        
               | IanCal wrote:
               | > ... but the whole point of cryptocurrency, or at least
               | of smart contracts and "DeFi", is to reject that and try
               | to build a parallel system.
               | 
               | No, it isn't. It might be some peoples desire around it,
               | but by no means all (or even most).
        
               | Hizonner wrote:
               | It doesn't add any other value whatsoever, so I'm having
               | trouble with that assertion.
        
               | Xelynega wrote:
               | That's neat, but the bitcoin whitepaper opens with:
               | 
               | > Abstract. A purely peer-to-peer version of electronic
               | cash would allow online payments to be sent directly from
               | one party to another without going through a financial
               | institution. Digital signatures provide part of the
               | solution, but the main benefits are lost if a trusted
               | third party is still required to prevent double-spending.
               | 
               | Why do you think you can dismiss the obvious claim that
               | cryptocurrencies are a form of decentralized finance with
               | a "no, it isn't"?
        
               | mschuster91 wrote:
               | > Let's assume "code is law" is nonsense, as many
               | comments here say. Then, under what conditions do we
               | define interacting with the blockchain as fradulent? What
               | is fraud and what is not fraud?
               | 
               | The thing is, laws can have issues and bugs as well, just
               | like code! And we have courts to judge not just when
               | someone outright breaks a law but also when someone is
               | skirting on the edges of the law.
               | 
               | Take Germany's "cum ex" scandal for example. Billions of
               | euros were effectively defrauded from the state and on
               | paper the scheme appeared legally sound, but in the end
               | it was all shot down many years later because the actions
               | of the "cum ex" thieves obviously violated the spirit of
               | the law.
               | 
               | The only difference is that blockchains are distributed
               | worldwide and there is no single entity that can be held
               | accountable and forced to execute or reverse any given
               | transaction.
        
               | TimPC wrote:
               | The context is completely different though. Building a
               | normal computer app is not an attempt to do anything
               | without government or legal structures so it makes sense
               | that normal computer apps would be protected by
               | government or legal structures.
               | 
               | It doesn't really make sense for people to build smart
               | contracts that are intended to be an extra-judical
               | agreement where the code enforces the rules and then run
               | to government whenever something they don't like happens.
               | What is the purpose of smart contracts at all if you
               | still need the entire legal apparatus around them?
               | 
               | What does agreeing to a contract that inherently implies
               | trying to work around the need for government in
               | contracts means? What does it say about intent?
               | 
               | If for example, the firm that lost money had been saying
               | "Code is Law" in their previous pro-crypto statements and
               | had explicitly talked about smart contracts being extra-
               | judical it seeems there intent would be to avoid legal
               | intervention entirely and it would require a fairly high
               | bar to argue that any bug could result in a lawsuit.
        
               | cellis wrote:
               | It may not pass muster with a judge in some backwater,
               | but with one in the Northern District of California or a
               | jury of their HN peers, it might. Laws are what we make
               | them.
        
         | crispyambulance wrote:
         | He should have taken the significant and generous 10% bounty
         | the first time around. He now has to face law suits by well-
         | funded finance firms.
        
           | DangitBobby wrote:
           | It seems like he simply faces a very wealthy existence in
           | countries that don't give a shit about US laws.
        
             | knodi123 wrote:
             | Assuming he can get his hands on the tokens and then
             | convert them to local currency. Not impossible, but it's
             | worth noting that he still hasn't managed.
        
         | Aurornis wrote:
         | > He did not steal anything. He beat the fund (Indexed Finance)
         | at their own game.
         | 
         | As popular as this idea is online, it doesn't work that way in
         | the courts.
         | 
         | Intent matters in issues of the law. The "finders keepers"
         | rules don't apply in legal matters in the real world.
         | 
         | If someone logs into their bank and notices that changing the
         | account number in the URL lets them withdraw from other
         | people's accounts, no court is going to shrug it off and say
         | that it's the bank's fault for not being more secure. Likewise,
         | finding a vulnerability in a smart contract doesn't
         | automatically give someone the right to any funds they collect
         | from exploiting it.
         | 
         | We all know the "code is law" arguments about smart contracts
         | are just marketing bluster. The lawyers do, too.
        
           | mjr00 wrote:
           | The big difference is that those are centralized systems
           | owned by corporations, and accessing them in a way which
           | you're not supposed to, such as by changing a bank account
           | number or exploiting a zero day, is a crime.
           | 
           | With DeFi it's different; the code is public and
           | decentralized. There was no unauthorized access to anything
           | here. From my reading of what was done, it was essentially
           | taking advantage of the poor trading strategy of Indexed
           | Finance.
           | 
           | I'm not going to pretend to be a lawyer, but I don't see a
           | lot of parallels between this and e.g. using SQL injection to
           | obtain unauthorized access to a system.
        
             | ajb wrote:
             | I'm not a lawyer either, but I suspect the technical
             | structure is not determinative. Contract law has certain
             | features. These technical constructs purport to enable
             | contracts to be written and executed such that subsequently
             | the courts cannot but find that what the code did is final
             | and there is no possible legal reconsideration. Clearly,
             | this is the prior expectation of the parties, but whether
             | it is the case under all circumstances is a function of
             | contract law (and other applicable law) not the technical
             | constructs. The code is not what will finally be
             | determinative.
             | 
             | To give an analogy, it's like writing code in a high level
             | language and saying that it will prevent side channels such
             | as spectre. But such side channels are a function of the
             | hardware, not the high level language. The hardware in defi
             | is ultimately the law, not the servers.
        
               | ryanjshaw wrote:
               | > I suspect the technical structure is not determinative
               | 
               | Correct. The courts care about intent, structure is
               | secondary.
               | 
               | This is the classic "you don't get to walk into my house
               | just because you found an unlocked door" that HN users
               | struggle to understand when the digital equivalent is
               | under discussion e.g. an unsecured API.
        
               | mjr00 wrote:
               | > This is the classic "you don't get to walk into my
               | house just because you found an unlocked door" that HN
               | users struggle to understand when the digital equivalent
               | is under discussion e.g. an unsecured API.
               | 
               | Except this is not how DeFi and dApps work. The network
               | is decentralized. At no point was any unauthorized access
               | to a system performed. This is not the same as entering
               | private property through an unlocked door, or using SQL
               | injection to gain unauthorized access to a system.
               | 
               | This is not to say Medjedovic is innocent; he made
               | extortionist threats, and gleefully admitted he stole
               | money from people, so wire fraud charges seem obvious. As
               | you say, the courts care about intent, and his intent was
               | clear. _But_ you can 't apply the normal charges of
               | accessing a computer without authorization here.
        
               | stef25 wrote:
               | > his intent was clear
               | 
               | Would it be fair to say his intent was to enrich himself
               | by using this platform's features ? And bonus points: "is
               | that a crime" ?
        
               | ryanjshaw wrote:
               | His intention was to defraud the DAO; similar case that
               | resulted in conviction:
               | https://www.justice.gov/archives/opa/pr/man-
               | convicted-110m-c...
        
               | mjr00 wrote:
               | You can look through the indictment yourself -
               | https://www.justice.gov/usao-edny/media/1388036/dl?inline
               | 
               | Among other bits:
               | 
               | > MEDJEDOVIC understood that his conduct circumvented the
               | intended functioning [...] MEDJEDOVIC discussed a plan to
               | "steal crypto," referred to the exploit as involving
               | "glitch" and "fake" liquidity, and described the code for
               | the exploit as a "rape."
               | 
               | > MEDJEDOVIC also prepared a "POST-EXPLOITATION" plan for
               | himself, which included, among other things, " _KEEP the
               | configs_ Burn the evidence, including the histfile" and "
               | _Book flight to:_ Pack Bags," as well as another file
               | labeled "Decisions and Mistakes," in which he wrote,
               | "Going On the run / Yes / Chance of getting caught<Payoff
               | for not getting caught"
               | 
               | > Immediately after obtaining the flash loan, MEDJEDOVIC
               | wrote "Raping Now" in the public event long for the
               | transaction.
               | 
               | There's _extremely_ strong evidence that he believes he
               | 's committing a crime, and specifically "steal[ing]
               | crypto" in his own words, so yes. And when you have
               | records effectively saying "I believe I am committing a
               | crime", it becomes a lot easier to convince a jury you
               | committed a crime.
        
               | ryanjshaw wrote:
               | Thanks for this; so we have: wire fraud, money
               | laundering, and an interesting charge "unauthorized
               | damage to a protected computer" that sees the Ethereum
               | EVM as a distributed computer...
        
               | mjr00 wrote:
               | Yeah, this one is very interesting; the charge is for
               | "intentionally caus[ing] damage without authorization to
               | one or more protected computers, including the Ethereum
               | Virual Machine (EVM), which was implemented through,
               | among other nodes, a full Ethereum node running in the
               | Eastern District of New York."
               | 
               | This seems ambitious. The implications seem quite dire;
               | if I'm running a full Ethereum node do I have the ability
               | to say which smart contracts are "authorized" to execute
               | on my implementation of the EVM? If I see a smart
               | contract do a trade I don't like, is someone committing a
               | crime against me? I don't think this will stick if
               | Medjedovic ever goes to court.
        
               | ryanjshaw wrote:
               | My example was an meta comment about how HN users confuse
               | means vs motive.
               | 
               | In this particular case, however, we're talking about
               | fraud not unauthorised access, see a very similar case
               | here which resulted in a conviction:
               | https://www.justice.gov/archives/opa/pr/man-
               | convicted-110m-c...
        
           | Hizonner wrote:
           | The _intent_ of the whole underlying system is that the
           | _intent_ of all the parties be described by code of the smart
           | contracts. Which are _intended_ to be composable, _intended_
           | to be used in unanticipated ways, and _intended_ to operate
           | independent of any human oversight. The system is also
           | _intended_ to avoid all ambiguity by enforcing the contracts
           | exactly as described by the code... and to provide certainty
           | of transactions and prevent them from being undone after the
           | fact.
           | 
           | Everybody involved knows all of that, and claims it as a
           | positive feature of the system. At least until they find out
           | that it's actually hard to write bug-free code.
           | 
           | There may indeed not be a legal "meeting of minds" (although
           | there very well also _may_ )... but from an _ethical_ point
           | of view, everybody involved knowingly signed up for _exactly_
           | that kind of risk. And honestly it would be good _public
           | policy_ if the law held them to it. Otherwise you get people
           | trying to opt out of the regular legal system up until it 's
           | inconvenient.
           | 
           | There'd be more of a case if he'd exploited the underlying
           | EVM implementation. But he didn't. He just relied on the
           | "letter" of a contract, in an environment that everybody had
           | _sought out_ because of unambiguous to-the-letter
           | enforcement.
        
             | paulcole wrote:
             | > intended to be used in unanticipated ways
             | 
             | Am I an idiot or is it unclear why this is the intention?
        
               | DavidPiper wrote:
               | I assume OP means it in the sense that the system intends
               | novel uses that the designers didn't necessarily
               | consider. Same with programming languages (or language in
               | general), for example.
        
             | ryanjshaw wrote:
             | You're assigning a set of beliefs to an entity that doesn't
             | hold them. The authors of the code are pursuing the matter
             | in court i.e. they see smart contracts as an _efficient
             | decentralised solution_ to a complex problem _within_ the
             | existing legal framework.
        
             | golol wrote:
             | Exactly this. If what is written on the blockchain is not
             | the law in the context of anything involving blockchains
             | and DeFi, then the whole idea of blockchains and
             | _decentralized_ finance is pointless.
        
           | stouset wrote:
           | The entire point of cryptocurrency contracts is supposedly
           | that "code is law". Running to the courts as soon as someone
           | does something you didn't intend only highlights that people
           | don't actually believe this.
        
             | ceejayoz wrote:
             | We've known this since Ethereum forked in the DAO debacle.
        
               | stouset wrote:
               | We have, it's just yet another counterexample that tanks
               | the arguments of True Believers.
        
           | ipsento606 wrote:
           | > If someone logs into their bank and notices that changing
           | the account number in the URL lets them withdraw from other
           | people's accounts, no court is going to shrug it off and say
           | that it's the bank's fault for not being more secure
           | 
           | When you open a bank account, there is an actual contract and
           | regulatory framework that governs how you use the account. A
           | URL parameter is an implementation detail that no more alters
           | the contract than a broken lock on a vault would alter the
           | contract.
           | 
           | But when you interact with a smart contract, the smart
           | contract _is the contract_. What you are allowed to do is
           | defined by what the smart contract lets you do. You don 't
           | need to open an account, agree to T&Cs or sign any other sort
           | of contract to interact with the smart contract.
           | 
           | If the smart contract is not the contract, how would you
           | propose we can determine what the real contract is?
        
             | ryanjshaw wrote:
             | > when you interact with a smart contract, the smart
             | contract is the contract
             | 
             | This is one viewpoint but certainly not the only viewpoint
             | and definitely not the viewpoint of the authors of the
             | contracts in question.
             | 
             | Smart contracts are a novel method of executing contracts,
             | but like all contracts the parties involved and the
             | contract itself is subject to legal oversight in the
             | relevant jurisdictions.
        
         | danielvf wrote:
         | The camera shows night in the Wild West.
         | 
         | A masked man creeps through the shadows of a sleeping town.
         | 
         | He looks both ways, then uses a knife to unlatch a door from
         | the outside. He slips into near pitch blackness. He moves
         | confidently in the darkness - he's worked for this bank before,
         | checking on their security from theft.
         | 
         | Out comes his lock picking tools - the bank president's office
         | door opens with a quick rake. Cheap lock.
         | 
         | Inside, with no windows to betray him, he lights a candle.
         | There in the corner stands the safe. He knows it inside and
         | out, and has been practicing. Five minutes later, the lock is
         | picked, and he loads up the gold, cash, and bonds inside.
         | 
         | He puts the candle out, slips back outside, and returns to his
         | room at the lodging house, climbing in through the window.
         | 
         | The next morning, with the discovery of missing gold, the town
         | looks like someone kicked over a fire ants nest. It only takes
         | 30 minutes before people start wondering about "bank security
         | expert" who had just been in the bank every day.
         | 
         | A crowd heads over the boarding house, growing in size as it
         | goes.
         | 
         | "Did you steal our money?", they ask?
         | 
         | "ABSOLUTELY NOT," he replies, "I merely used my immense mental
         | powers to out hink several flawed physical security measures,
         | breaking no laws of physics, in such a way that the gold, cash,
         | and bonds previously belong to you are now in my possession,
         | and now belong to me. No theft has taken place, only the
         | movement of certain levers, of which anyone who knew how could
         | move, and the movement of afterwords of certain goods."
         | 
         | "So you stole our money!!", the town shouted.
         | 
         | "No, no, I just interacted with the universe according to its
         | very own publicly available rules. No theft has occurred!"
         | 
         | An old cowhand, covering him with double barrel, spoke up,
         | "Walll, guess he's right. We deserved to lose all that money.
         | He did nothing wrong at all."
         | 
         | Everyone left, impressed with his genius.
        
           | DangitBobby wrote:
           | Yes, running transactions for asymmetric benefit allowed by
           | code on a platform underpinned by a technology whose
           | proponents espouse "code is law" is at all comparable to a
           | man picking a lock on a bank safe. Very astute.
        
             | danielvf wrote:
             | In this case the only person espousing the idea of "code is
             | law" is the hacker. Neither the blockchain's builders, nor
             | the hacked protocol, nor the users are saying that.
             | 
             | "code is law" is a meme that primarily lives on hacker
             | news. Only a tiny fraction of crypto people believe it or
             | say it.
        
               | ceejayoz wrote:
               | This is revisionist history.
               | 
               | https://www.bitget.com/news/detail/12560604358718
               | 
               | > In April 2016, in Switzerland, the Slock.it team was
               | introducing their ambitious plan: The DAO, a
               | decentralized investment fund governed entirely by code.
               | "Imagine a fund with no board, no CEO," founder Christoph
               | Jentzsch explained, "all decisions are made by token
               | holders through smart contract-based voting. This is the
               | ultimate realization of 'Code is Law'."
               | 
               | https://x.com/VitalikButerin/status/1188511660387889153
        
               | olddustytrail wrote:
               | Is the "Slock.it team" not a tiny fraction of crypto
               | people?
               | 
               | I find it difficult to believe they're a large majority.
        
               | ceejayoz wrote:
               | The DAO was not some small, fringe project in the crypto
               | world.
               | 
               | Per Wiki:
               | 
               | > As of May 2016, The DAO had attracted nearly 14% of all
               | Ether tokens issued to date.
               | 
               | Vitalik Buterin is, uh, pretty notable, too.
        
           | meepmorp wrote:
           | > The camera shows night in the Wild West.
           | 
           | > A masked man creeps through the shadows of a sleeping town.
           | 
           | > He looks both ways, then
           | 
           | ... walks into a casino, realizes there's a flaw in how they
           | shuffle and deal cards, and then makes a shit ton of money
           | exploiting this weakness.
           | 
           | After losing a shit ton of money because they didn't plan for
           | someone to play the game in an unexpected way, the owners of
           | the casino demanded the money back.
           | 
           | "Did you steal our money?", they ask?
           | 
           | "ABSOLUTELY NOT," he replies, "I didn't get any non-public
           | information, I didn't manipulate the deck, and you have yet
           | to point to a single hand that was not played entirely within
           | the stated rules of the game. You're just mad because I
           | noticed that you fucked up and bet accordingly."
        
             | olddustytrail wrote:
             | They all beat the shit out of the asshole and took their
             | money back.
             | 
             | "There's always another moron tries that one", they laughed
             | as they walked away.
        
         | Yizahi wrote:
         | Code is lol. Oh, sorry, meant to say Code is Law. :)
        
         | moralestapia wrote:
         | Indexed Finance's mistake was not being Vitalik Buterin and
         | then putting on a sad face and ask for the shitcoin to fork to
         | a version where they didn't screw up.
        
         | sksxihve wrote:
         | Code is law went out the door with the ethereum hardfork after
         | the dao hack.
        
           | stefan_ wrote:
           | Funny, because it would never have happened if it was court
           | ordered.
        
           | Calwestjobs wrote:
           | (realizing that im so old. if this is what i totally forgot,
           | what else of this magnitude of signifince i do not remember
           | anymore. that i was part of/ was involved/ it affected me.)
        
           | aqme28 wrote:
           | This makes no sense. I agree with you that code is not law,
           | but the incident you're talking about wasn't law but
           | community-driven consensus.
        
         | darepublic wrote:
         | The code is law thing is a grey area. But I am open to the idea
         | that this young man did not break any rules, just found flaws
         | in the system. In the same way that card counting should not be
         | against the law just because it resulted in the house being
         | disadvantaged. These things should be addressed with patches to
         | the rules, not legal action.
        
           | Calwestjobs wrote:
           | be careful with card counting, most casinos do "business" in
           | such way that there is NO advantage for player. no matter
           | what player does.
           | 
           | so all american youtube sagas about doing card counting in
           | PRESENT time are fraud to dupe people into thinking that it
           | is possible to card count. NOW TODAY.
        
             | StanislavPetrov wrote:
             | Card counting is still possible (albeit a bit harder) in
             | the present day - the mathematics are the same. Most
             | casinos use more decks and don't deal as deeply into the
             | shoe, but it is still entirely possible to gain a
             | statistical edge over the house, which is why casinos will
             | still ban you from playing blackjack if you are playing
             | with an advantage(counting, varying your best sizes greatly
             | based on the count, sitting out and watching until the deck
             | gets deeper, ect). They will never ban you from games like
             | Roulette, where you there truly is no way to gain an
             | advantage over the house regardless of what strategy you
             | use.
        
               | reaperman wrote:
               | > Roulette, no way to gain an advantage over the house
               | regardless of what strategy you use.
               | 
               | These days that's probably true but it has been done:
               | https://www.roulettestar.com/people/joseph-jagger/
        
               | selcuka wrote:
               | He was a smart man:
               | 
               | > After the second day, Jagger kept a clear head and
               | decided that enough was enough, and left Monte Carlo to
               | head home to Yorkshire with his winnings.
               | 
               | > When he got home, he retired from the Mill and invested
               | some of his winnings into property.
        
           | KoolKat23 wrote:
           | It's not really a grey area, there is a tacit contract with a
           | mutually understanding that they will use the code to fulfil
           | certain items in the contract, it doesn't take away the need
           | to fulfil the rest of the parties obligations.
        
         | gamblor956 wrote:
         | In the real world, code is not law. Computers are not a magical
         | gateway to another reality where existing laws and rules no
         | longer apply.
         | 
         | What matters is if Medjedovic engaged in activities that would
         | be illegal in the process of acquiring the funds from Indexed
         | Finance. A theft is theft whether it is physical or digital;
         | victims aren't required to have perfect security and criminals
         | are not allowed to exploit weaknesses to just take something
         | that belongs to someone else.
         | 
         | Medjedovic is accused of exploiting "glitches." From a legal
         | perspective, that would be no different from a thief exploiting
         | a "low" wall or an unsecured window. Glitches aren't
         | invitations any more than an open window. In other words...not
         | a defense. (And in the U.S., specifically see the Avraham
         | Eisenberg case, which is basically the same fact pattern.
         | Eisenberg lost. His sentencing was postponed to last week but
         | appears to have been postponed again.)
         | 
         | Then he skipped town after he was ordered by a court to put his
         | tokens into escrow. If he truly believed that "code is law" and
         | that the tokens were rightfully his, he wouldn't have skipped
         | town. At that point...his own actions demonstrated that he
         | didn't believe that what he did to acquire the tokens were
         | legit. (The Fugitive notwithstanding, innocent people don't
         | run.)
         | 
         | Then he "exploited glitches" for another DeFi. See above.
         | 
         | Then he attempted to launder the tokens...with some guy he
         | found on the internet. Someone who legitimately believed that
         | they legally owned the tokens would have hired lawyers, not
         | money launderers, to gain access to their property. (Aside: any
         | money launderer willing to launder money for a stranger is
         | almost certainly undercover law enforcement...)
         | 
         | Then he moved to a country without an extradition treaty, and
         | in the past few months has been spouting racist far-right
         | nonsense in the hopes of getting pardoned.
         | 
         | Is he guilty? His own actions say that even he thinks he is.
        
           | garfield_light wrote:
           | Irrelevant, his thoughts in the matter or him being a
           | shithead don't make the unintended use of a smart contract
           | illegal or not. This is just usual case of Wilhoit's Law by
           | shitcoin peddlers.
           | 
           | > There must be in-groups whom the law protects but does not
           | bind, alongside out-groups whom the law binds but does not
           | protect.
           | 
           | They are outside of regulatory scrutiny but god-forbid
           | someone uses the same excuses to take their funny money.
        
           | poochkoishi728 wrote:
           | He can believe the tokens are rightfully his, and still
           | believe that authorities don't see it his way. Like if you're
           | in Salem and know you're not a witch, you'd want to take off
           | too and chill in no-extradition treaty countries, so you
           | don't get boiled alive by people with different outlooks.
           | 
           | I like the analogy of an unsecured window. It doesn't seem to
           | apply to a hypothetical (idk specifics of this company)
           | purely private company in some crypto-friendly country that
           | doesn't have any ties to the rule of law.
        
         | TacticalCoder wrote:
         | https://www.justice.gov/usao-sdny/pr/former-security-enginee...
         | 
         | From that link:
         | 
         |  _" U.S. Attorney Damian Williams said: "Today, Shakeeb Ahmed
         | was sentenced to prison in the first ever conviction for the
         | hack of a smart contract and ordered to forfeit all of the
         | stolen crypto. No matter how novel or sophisticated the hack,
         | this Office and our law enforcement partners are committed to
         | following the money and bringing hackers to justice. And as
         | today's sentence shows, time in prison -- and forfeiture of all
         | the stolen crypto -- is the inevitable consequence of such
         | destructive hacks." _
         | 
         | The undisputable matter of fact is this: there have already
         | been several cases of people who thought they could invoke the
         | _" (smart contract) code is law"_ argument to outsmart judges
         | and the legal system.
         | 
         | But that's fantasy. In practice these people, when caught, go
         | to prison.
         | 
         | > Indexed Finance is an unlicensed investment firm. The
         | promoters knew the risk ( decentralized finance) and now they
         | want to blame someone who outsmarted them at their own game.
         | 
         | And DeFi exchanges are "unlicensed brokers". And yet I posted a
         | case where the hacker who "outsmarted" them is now in prison:
         | how smart one has to be to end up in prison right?
         | 
         | Post me a case where an "unlicensed investement firm" sued a
         | thief who "outsmarted them" and where the judge decided to let
         | the thief walk free.
         | 
         | For I posted a case from justice.gov to prove my point.
        
         | programjames wrote:
         | Next we're going to learn that winning Poker Bots with an "all
         | in" strategy is defrauding the competition.
        
         | cvoss wrote:
         | This is a tiresome argument. Stealing is a moral concept first,
         | and a legal concept second. You can steal without breaking any
         | laws, the same way you can be a bad person without breaking any
         | laws.
        
         | PaywallBuster wrote:
         | https://www.coindesk.com/policy/2024/04/18/mango-markets-exp...
         | 
         | Avi Einsenberg did the same with Mango Markets,
         | 
         | got away with 110M and is now looking at 20 year sentence
         | 
         | And Mango was being sued by the SEC too
         | https://www.sec.gov/newsroom/press-releases/2024-154
         | 
         | > SEC Charges Entities Operating Crypto Asset Trading Platform
         | Mango Markets for Unregistered Offers and Sales of the
         | Platform's "MNGO" Governance Tokens
         | 
         | > Pair of affiliated entities separately charged for acting as
         | unregistered brokers
        
         | KoolKat23 wrote:
         | It depends if acted in accordance with the terms of the
         | contract then it's fine but if he did something not covered by
         | the contract it's theft.
         | 
         | If I run an unmanned lemonade stand out front and leave a pile
         | of money on the table, and say take your change, if you take
         | more than what you're owed that's theft regardless of how easy
         | it was.
        
       | cherryteastain wrote:
       | My personal belief is that this was not fraud and "Code is Law"
       | works. Yet, this guy is a perfect example of how intelligence and
       | wisdom are not the same. He was clearly smart and dedicated
       | enough to pull off this sort of trade successfully multiple times
       | in a row, and probably all he had to do to get away with it was
       | keeping his mouth shut. Or at the very least not get convicted by
       | default on contempt of court charges by ignoring a court summons.
        
         | neuroelectron wrote:
         | Court was outside its jurisdiction here. The fact that the case
         | went forward shows that he was about to be railroaded by
         | corrupt authorities.
        
           | cherryteastain wrote:
           | Agree, but the wisdom here is in recognising that once you
           | made $65m in seconds at someone else's expense they will try
           | to recoup that amount by any means necessary.
        
             | neuroelectron wrote:
             | He isn't working completely alone. He was able to borrow
             | some "wisdom" and skedaddle.
        
         | steve_adams_86 wrote:
         | It is a good example. Unfortunately most 18 year olds don't
         | possess a whole lot of wisdom yet. This guy was basically a kid
         | when he did this.
        
         | hinkley wrote:
         | That German general who talked about keeping stupid industrious
         | people away from your armed forces never met a clever enough
         | fool.
         | 
         | Clever fools are how you get Jurassic Park.
        
       | perihelions wrote:
       | Previous thread,
       | 
       | https://news.ycombinator.com/item?id=31478795 ( _" The math
       | prodigy whose hack upended DeFi won't return funds"_ (2022) --
       | 399 comments)
        
       | tlogan wrote:
       | Code is not law. Law is law.
        
         | pixelpoet wrote:
         | law : code :: word problem : mathematical notation
        
           | freejazz wrote:
           | Has that been your experience interacting with the law?
        
             | Calwestjobs wrote:
             | well judge said something like indictment do not age like
             | fine wine, but judge forgot that crypto does ;)
        
           | tomrod wrote:
           | :::goedel's incompleteness theorem
        
       | m101 wrote:
       | How this works in traditional finance is that the big funds would
       | screw the small guy that beats them (especially if they're from a
       | foreign country). They claim that they use unfair or illegal
       | practices, but the reality is that they're not that different to
       | their own.
       | 
       | Ultimately the rules are written by people who look legitimate,
       | and/or those who capture regulators.
        
       | kazinator wrote:
       | You can't "steal" crypto; it's all just a scam that operates
       | outside of the law.
       | 
       | I mean, sure, we can use the language of theft and crime
       | figuratively, just like when we talk about animals. For instance,
       | "the wolf stole a chicken from the coop".
        
         | tim333 wrote:
         | The case of SBF suggests you can and it's not outside the law
         | enough to prevent 25 years of jail.
        
           | bigyabai wrote:
           | If SBF had merely stolen cryptocurrency, then the FTX
           | exchange wouldn't have collapsed entirely. SBF stole customer
           | funds on a line of infinite credit and infinite liquidity,
           | basically lying to customers that he owned the asset they
           | wanted when in reality he defrauded them for speculative
           | gain.
        
       | neuroelectron wrote:
       | "The house always wins," is the law he broke.
        
       | perdomon wrote:
       | Based on this article, it doesn't sound like he did anything
       | illegal (initially). He saw an opportunity and took advantage of
       | it not unlike high frequency trading in the late 90s/early 2000s.
       | Decentralized markets operate in a space that's inherently risky
       | -- if they don't want to get exploited, hire better engineers or
       | get out of the game. Begging the government for help when you got
       | bested isn't how decentralization works.
        
       | Sonnigeszeug wrote:
       | Contract is code, you don't need anything anymore. It solves all
       | the problem.
       | 
       |  _Something happens_
       | 
       | We need to use the system which we want to replace...
        
       | TrackerFF wrote:
       | One universal law is that if you steal from people with more
       | money than you, you're screwed. And the more money they have, the
       | worse off you are.
       | 
       | But on a serious note, whenever you read about some people that
       | have either managed to outright steal crypto, or find some
       | vulnerability which hasn't been legality tested...and they just
       | pack their bags, hoping to live life free, forever after. It just
       | seems so naive, too naive with how smart these individuals
       | otherwise tend to be.
       | 
       | I think it is fair to say that once you'll cross a threshold,
       | could be a million. could be 10 million. could be 50 million. All
       | depends on who you've taken it from, you'll realistically be
       | hunted for life.
       | 
       | The people that do get away with these things, are state
       | sponsored operators - but they don't walk away with tens of
       | millions in loot, either.
       | 
       | EDIT: Reading the article, this guy sounds like a real piece of
       | work.
        
         | dandanua wrote:
         | > One universal law is that if you steal from people with more
         | money than you, you're screwed. And the more money they have,
         | the worse off you are.
         | 
         | If someone has more money than you, you're screwed. Period.
         | 
         | This is how it works in the fascists world order, which is
         | increasingly dominating these days.
        
           | throwway120385 wrote:
           | If you want to know the future of humanity, just imagine a
           | bot stamping on a human face forever.
        
             | archontes wrote:
             | I can't tell if this is a typo or not, and it's perfect.
        
               | racl101 wrote:
               | I thought it was deliberate. Clever play on an Orwell
               | quote nevertheless. Hmmmyes.
        
               | CPLX wrote:
               | From 1984 to 2024
        
       | tempfile wrote:
       | "Code is Law" is a profoundly immature idea, and I am surprised
       | anyone other than children take it seriously. The law is not, and
       | never has been, something that is read literally and taken at
       | face value. This is the entire reason that judges and lawyers
       | exist.
       | 
       | Saying "The code let me do it, so it should be legal" is a bit
       | like if I leave a "free to a good home" sign on a plant pot
       | outside my home, and it leans on my car. It does not mean you are
       | permitted to take my car, no matter how "obvious" it seems to you
       | that it should.
        
         | Dumblydorr wrote:
         | Someone who disagrees with you is a profoundly immature child?
         | 
         | Your analogy is confusing, you're comparing a free plant on the
         | roadside to 63 million dollars on a crypto exploit?
        
           | tempfile wrote:
           | Not always, just in this case :-)
           | 
           | What's actually confusing in the analogy? Are you actually
           | confused or just pretending? The point is that just because a
           | sign says something under a literal reading, it doesn't mean
           | that it's what was intended, or what's binding. If there's a
           | piece of paper on my car saying "free to a good home", I
           | _probably_ didn 't intend that you can take my car (or my
           | house, or whatever). It's not very different to the fact that
           | a 0-day exploit on your bank's web server does not entitle
           | the thief to your money.
        
           | jxjnskkzxxhx wrote:
           | A lot of people who disagree with me also happen to be
           | profoundly immature child. I didn't say that one follows from
           | the other, you added that.
        
         | throwway120385 wrote:
         | just in case though, I usually hang the sign on signposts in
         | the public right of way in case someone tries to steal my car.
        
         | thomassmith65 wrote:
         | This was satisfying to read:                 "Code is not law.
         | Law is law," Mr. Gottlieb wrote in a lengthy thread to Mr.
         | Medjedovic on X in late October, 2021. "And what you did was
         | not a 'clever trade.' It was market manipulation. It's illegal.
         | And people go to prison for it."
         | 
         | Tech exceptionalism is eternal. It takes the occasional Napster
         | or PirateBay failure to disabuse a generation in the tech
         | community of the triumphalist nonsense it talks itself into
         | believing. But then the next generation comes along and doesn't
         | know better.
        
           | lelandbatey wrote:
           | While satisfying, that quote is also hilariously one-sided in
           | it's perspective. I imagine that lawyer in the courtroom
           | saying something like the following:
           | 
           | > Yes, my client did take a stack $100 bills and leave it on
           | the sidewalk atop an elaborate contract proclaiming that
           | those $100 bills should be given to the very next person
           | going by the name of "John" who found this stack of $100
           | bills upon the sidewalk, including specific language stating
           | that anyone, even an unforeseen party meeting such criteria,
           | would be entitled to that money. And indeed, my client signed
           | and dated that document in triplicate. Yes my client did go
           | to great lengths to write such a detailed and specific
           | contract, and he was quite sure that such a contracts terms
           | would be sufficient to ensure that only my clients brother,
           | John Williams, would be entitled to the money, that same John
           | Williams who lives across town. The brother would never find
           | that money though, because the villainous, criminal, thief of
           | a man _John Smith_ stole that money from off the sidewalk
           | when walking out of Smiths front door! Smith would have you
           | believe that he was _merely_ fulfilling the terms of a
           | fortuitous open ended contract foolishly entered into by an
           | idiot who failed to think critically about the terms said
           | idiot entered into. That, however, is not important! I am
           | here today to say that the terms of such a contract are not
           | what is relevant, what is relevant is how upset my client is
           | that he no longer has his money. I can prove that Smith stole
           | that money, no matter what the documents signed by my client
           | say! Those contracts are not law, only the law is law. What
           | Smith did was not a  "clever deal", it was theft. Which is
           | illegal, and people go to prison for it.
           | 
           | A bit over dramatic, but that's how the lawyers statement
           | reads to me.
        
             | ip26 wrote:
             | Are you familiar with what happens when large sums of money
             | are erroneously deposited in your bank account? Such as due
             | to a payroll error?
        
               | lelandbatey wrote:
               | I am indeed aware that in such situations, since the
               | depositor has not publicly and loudly declared their
               | intent to deposit that money into my account, nor
               | informed me that they will be depositing that money into
               | my account, nor has the depositor published a contract
               | that I've engaged with stating they need to send me that
               | money, that such a situation would be interpreted as an
               | accident by any reasonable person, including the legal
               | system.
               | 
               | However, we are talking about a system where a party _has
               | loudly and publicly stated that they 'll move money under
               | certain public conditions_ and a third party has walked
               | up and said, "I meet those conditions, I am owed said
               | money", and the computer dutifully agrees. We are
               | currently looking at the foolish party who has entered
               | into a contract trying to get out of that contract
               | because they no longer like it's terms. Unfortunately for
               | them, human law mostly sides with contracts, even when
               | those contracts are represented in code.
        
             | tempfile wrote:
             | Even allowing for such a contrived example, would it be so
             | bad if the money was taken from John Smith? The contract
             | writer was an idiot, sure, but John Smith is an idiot too
             | for just taking the money and expecting to be able to keep
             | it. To say otherwise is to say we want to encourage people
             | to take money they didn't earn, to avoid reporting it to an
             | authority, because they'll be able to get away with it. It
             | is also to say that the punishment for stupidity is
             | whatever happens to be the consequence, rather than a fair
             | punishment reasoned out by society.
             | 
             | (I am against prosecution in this case, but I think he
             | should have most of the money confiscated)
        
         | globular-toast wrote:
         | Lots of things have never been, that doesn't make them a bad
         | idea.
         | 
         | Your example is in the real world where there are things like
         | weather and other variables that can't be accounted for. It's
         | necessary for law to be based on common sense in such an
         | environment.
         | 
         | But why can't we imagine removing this element of ambiguity? In
         | a computer system you can account for all variables and
         | completely define the environment. This would make
         | interpretation of the law much easier which is surely a good
         | thing.
         | 
         | But this kind of thing needs formal verification to work
         | properly, which we are not good at. Trying to do it without
         | formal verification is silly. But the broader idea is by no
         | means "childish".
        
           | tempfile wrote:
           | I can't imagine removing this element of ambiguity because
           | programs are not perfect. They are a representation of some
           | mental process, and they frequently contain mistakes. They
           | are also, as you admit, unable to capture states of the real
           | world accurately. Unless your smart contract is unrelated to
           | the real world (in which case, why bother with it?) this will
           | be a problem.
        
             | globular-toast wrote:
             | The idea with formal verification is it would make it
             | possible and feasible to prove a program is correct. But
             | this is a hypothetical and until that is possible it
             | doesn't really work. It might never be possible. So today I
             | do agree with you. It just turns into a game of "ha-ha, you
             | didn't read the contract closely enough!"
        
       | prvc wrote:
       | The entire space of smart contracts falls within the intended
       | functionality of the systems that implement them, which make this
       | particular use of them conceptually unlike things like buffer
       | overflows.
       | 
       | Calling it a "hack" or an "attack" as this article does (while
       | strawmanning the opposite case) is a deliberate attempt to muddy
       | the waters, and is a failure of journalism.
        
       | neuroelectron wrote:
       | It reminds me of the Sam Bankman-fried case, but it also quite
       | different. SBF thought the abstractions would protect him from
       | the law when he clearly was misleading investors and using code
       | to abstract away his fraud. However, in this case, the code/fraud
       | was presented and used as intended. While I believe SBF was
       | innocent of defrauding his early investors who were foolish to
       | trust such a system, he was guilty for other reasons.
       | 
       | Andean Medjedovic's case shouldn't have even made it to court and
       | he had no obligation to leave his crypto or cashed out legal
       | tender with some "custodian" and spend the next several years of
       | his life as a beta tester for establishing case law. This wasn't
       | just "code is law," more accurately, "under the stipulations of
       | the contract, code is law."
        
         | pcthrowaway wrote:
         | This is completely different from the SBF case. SBF was lying
         | about things, it was more like a Bernie Madoff type scheme. As
         | a CEO he had fiduciary duties he neglected.
         | 
         | This guy won a game of poker against the house, and now the
         | house is mad.
        
       | BlackFly wrote:
       | He should have accepted their offer of 10% as a bug bounty.
       | Certainly crypto folk love to act like unregulated markets but
       | this smells like market manipulation to my armchair education and
       | even if the market tries to play both ways, the courts won't. I
       | do hope that the Ontario court fights the extradition, because
       | the American laws leveled at him seem bogus by Canadian standards
       | (wire fraud, extortion and money laundering) but that tort case
       | might be legit.
        
         | Calwestjobs wrote:
         | thing is, if you get rid of 90% of money, what money will you
         | use for lawyers services if those .... sue you anyway?
        
         | garfield_light wrote:
         | >He should have accepted their offer of 10% as a bug bounty.
         | 
         | If I was in his shoes I wouldn't trust them. They can just try
         | to put me on jail anyways.
        
       | danielvf wrote:
       | My favorite is one of the text files on the attacker's computer:
       | 
       | A file labeled "Decisions and Mistakes," in which he wrote,
       | "Going On the run / Yes / Chance of getting caught<Payoff for not
       | getting caught / (NA) / Risk is typically underpriced in modern
       | world.
        
         | 0cf8612b2e1e wrote:
         | That is just terrible opsec. The millisecond the money has
         | moved, you need to destroy all of that equipment.
        
           | danielvf wrote:
           | Don't worry, he also had a ""POST-EXPLOITATION" plan.
           | 
           | Which included, among other things, " _KEEP the configs_ Burn
           | the evidence, including the histfile _Book flight to:_ Pack
           | Bags"
        
       | rozap wrote:
       | Wait, I thought cryptocurrencies aren't securities? Why are our
       | tax dollars being spent investigating this? If they're not
       | securities (like coinbase etc would like us to believe), then he
       | didn't do anything wrong and there are no other rules - code is
       | law. If they are securities, then why are there so many illegal
       | exchanges operating in plain sight?
       | 
       | Once again, crypto folks are all about decentralization until
       | someone outsmarts them, then they go crying to daddy government
       | to bail them out.
        
         | wmf wrote:
         | This doesn't change the big picture but some are securities,
         | some are commodities, and some are collectibles.
        
         | Barrin92 wrote:
         | I'm not entirely sure what makes you think there's no financial
         | regulation or laws you can break outside of securities trade,
         | because there is and which is why he's charged with wire and
         | commodities fraud, Hobbs Act extortion and money laundering.
         | 
         | Code is not law, the law is the law.
        
       | commandersaki wrote:
       | Similar situation with two brothers that gained millions on
       | Ethereum by coercing bots:
       | https://www.arnoldporter.com/en/perspectives/blogs/enforceme...
        
       | moktonar wrote:
       | Placing trust on software is the root of all evil..
        
       | netvarun wrote:
       | https://archive.is/kVsvc
        
       | stainablesteel wrote:
       | the movie about this guy is going to be awesome
        
       | baq wrote:
       | Just another day of crypto bros speedrunning finance.
        
       | ForHackernews wrote:
       | > Not everyone agrees. "Code is not law. Law is law," Mr.
       | Gottlieb wrote in a lengthy thread to Mr. Medjedovic on X in late
       | October, 2021. "And what you did was not a 'clever trade.' It was
       | market manipulation. It's illegal. And people go to prison for
       | it.
       | 
       | Boy the crypto industry better pray that market manipulation
       | isn't illegal in DeFi-world or they're all going to prison.
        
       | egypturnash wrote:
       | _They are part of the team representing Cicada 137 LLC_
       | 
       | I wonder if this is any relation to Cicada 3301.
       | https://en.wikipedia.org/wiki/Cicada_3301
        
         | msvcredist2022 wrote:
         | almost definitely a relation in name only
        
         | Calwestjobs wrote:
         | yes it is and biggest surprise is? he is suing himself ! XD
        
       | TrapLord_Rhodo wrote:
       | "The silver lining to all of this is that Trump promised to stop
       | the persecution of crypto people," Mr. Medjedovic wrote on
       | Signal. "Like, half of the people involved in this
       | resigned/stepped down recently."
       | 
       | Very interesting that he gives praise to trump after all this
       | hassle from the US government. Why is the US even involved in
       | this? It's a canadian dude and a canadian exchange.
        
       | lamadruga wrote:
       | How do these people get caught? Isn't crypto supposed to be
       | anonymous or something?
        
         | ycombinatrix wrote:
         | Some coins are designed to provide a degree of anonymity.
         | Bitcoin & Ethereum do not.
        
         | ryao wrote:
         | The article says "he took credit for it on the social media
         | platform X".
        
       | sn9 wrote:
       | I'd love to hear Matt Levine's take on this.
        
         | turbocon wrote:
         | Oooo entirely agree, I do suspect he'd come down on the "law is
         | law" side however it's not clear to me a law was actually
         | broken.
        
       | Calwestjobs wrote:
       | he is in france territory which is not french Guiana.
        
       | Validark wrote:
       | How dare some peasant actually win at a game they were meant to
       | lose? That's illegal!
        
       | AlexanderTheGr8 wrote:
       | I followed this case when it happened. It was $16M at the time,
       | not sure how it became $65M now. I suppose it doesn't matter -
       | any number above $100k probably grants the same punishment*
       | 
       | Interesting side-note : the people he took/stole from - they
       | offered him 10% if he returned the rest. He said no in a tweet
       | trolling them.
       | 
       | Contrary to the opinions in this thread, I think he was smart to
       | run away. Remember that he did this from Canada, not the US.
       | Countries don't have the same extradition treaties with Canada
       | that they do with US.
       | 
       | If he had stayed, he would almost certainly be convicted. No
       | court can possibly understand "code is law". Courts' job is only
       | to interpret the law, not make the law. And the law was not
       | written for crypto. You cannot fit a square in a circle without
       | distortion.
       | 
       | What I think would have happened is the courts, rather than
       | introducing novel precedent, would have preferred to just rely on
       | existing case law and declare him a criminal.
       | 
       | Another interesting side-note : the judge presiding the case made
       | a public comment asking the guy to come back to Canada promising
       | him a fair trial. The guy didn't show up - maybe he didn't
       | receive the message.
       | 
       | Overall, even with the benefit of hindsight, we still can't be
       | sure if he was smart to exploit this or not. Forced to live in a
       | few countries but with a lot of money.
       | 
       | * It's because (1) laws were designed when numbers were lower (no
       | one had $16M to steal); (2) humans can't visualize big numbers
       | (individually, $16M is just as big as $65M in my head)
        
         | dgs_sgd wrote:
         | It went from $16M to $65M because he did more hacks after the
         | initial one.
        
         | poochkoishi728 wrote:
         | Doesn't seem worth it. Live as a fugitive, with your face
         | publicly known, so you always have to watch your back from
         | criminals who'd jump at the chance to extort you once they
         | found out who you are.
        
           | RandomBacon wrote:
           | "extort" is a pretty benign word for torture. I'm pretty sure
           | there are criminals that will kidnap him and then cut off
           | fingers one by one and do worse things until he gives up the
           | money.
        
       | djeastm wrote:
       | He made the mistake of not already being wealthy before he
       | manipulated the currencies. It's truly funny reading this when
       | the US stock market is manipulated at will. I'm not trying to be
       | political, just remarking on the absurdity of it all.
        
       | bogota wrote:
       | O look another amazing and riveting discussion on emerging
       | technology with real world implications... o wait it's just a
       | bunch of cranky people complaining about crypto.
        
       | hoppp wrote:
       | Clever lad but horrible opsec. Sounds to me like Indexed Finance
       | had bad business logic and they had it coming.
       | 
       | There was no break in or exploiting, it was a trade using flash
       | loans, fair enough if you ask me. A platform trading hundreds of
       | millions should invest in proper security audits
       | 
       | What's the lesson? Maybe tornado cash the gas tokens before doing
       | stuff like this and definitely never post it on social media or
       | acknowledge that you did anything. Be smart and have good opsec
        
       | Jean-Papoulos wrote:
       | There's a reason the guy is on the run ; it's because what he did
       | is market manipulation and that's illegal.
       | 
       | However, cryptocurrencies are unregulated so you can easily argue
       | that the laws usually governing the markets don't apply.
       | Unfortunately for him, I don't think the judge will want to set
       | that precedent...
        
       | concats wrote:
       | A lot of people seem to argue that the original intent was for
       | disputes to be handled by the courts. That is, governed by laws
       | outside of the crypto's smart contract implementation. And thus
       | the company is right to seek judicial help and label this act as
       | theft. Alright, sure, on its surface that doesn't seem like an
       | unreasonable position. After all, we all trust the courts right?
       | 
       | But, if this really was agreed upon by most of the parties
       | involved, shouldn't the smart contract have include giving the
       | courts a master-key that allows them to override the blockchain
       | when necessary? Undoing fraudulent transactions and such. Can we
       | really argue that everyone expected disputes to be handled by the
       | courts if this wasn't implemented?
       | 
       | There is no technical reason why it couldn't have been done, as
       | far as I can tell. It would not be great for PR perhaps, since it
       | sort of goes against what a lot of the original crypto
       | enthusiasts believed in: decentralization and protection from
       | future hypothetical tyrannical governments. But at least it
       | wouldn't be half as hypocritical as what we have today.
       | 
       | Of course, if you designed your crypto like this, with a court
       | controlled backdoor, you'd unfortunately have to stop calling the
       | whole thing decentralized. But if that's the intent, and everyone
       | agrees to it, what's the issue?
       | 
       | I'm trying not to pass any value judgement on the "Canadian math
       | prodigy" in this scenario, on the whole I don't care much about
       | the isolated incident, but rather on whoever wrote the smart
       | contract trying to both have their cake and eat it too.
       | 
       | I find crypto really fascinating from a technical and
       | philosophical standpoint, but I'm not too fond of how it's been
       | adapted by society as mostly a sort of get-rich-quick scheme.
        
       | ur-whale wrote:
       | https://archive.is/kVsvc
        
       | ThatsAllForNow wrote:
       | Is there a technical write up of exactly what he did?
        
       | avodonosov wrote:
       | > a U.S. company named Cicada 137 LLC sued Mr. Medjedovic in
       | Ontario. The identity of the person or people behind the company
       | is unknown, but Cicada said it lost US$9.69-million worth of
       | digital tokens to the exploit. (It's common for significant
       | investors in cryptocurrency to shield their identities.)
       | 
       | > Mr. Medjedovic left home after receiving death threats
       | 
       | So, crypto-dealers hiding their identiyty and issuing death
       | threats now appeal to law.
        
       | rimbo789 wrote:
       | Isn't all crypto theft?
        
       | yapyap wrote:
       | > They are part of the team representing Cicada 137 LLC
       | 
       | That's a reference I haven't heard in a bit
        
       | Pxtl wrote:
       | I've been following this story because he's a local boy, I
       | actually met him very briefly once, back when he was just a kid.
       | 
       | The article is skimming over some of the darker sides of his side
       | of the story - like how allegedly his code and conversations are
       | generally peppered with racist rants (I haven't seen any examples
       | of such). The boy seems like a horrible case of internet
       | poisoning - like, a brilliant mathematician child completely
       | mangled in the head by 4chan/gamer discourse.
       | 
       | One part of his first heist that isn't mentioned often is that
       | Indexed Finance says he was actually working with them and
       | contributing to their codebase before he pulled his exploit.
        
       | NiloCK wrote:
       | Some info on the attacks themselves:
       | 
       | https://rekt.news/indexed-finance-rekt https://rekt.news/mango-
       | markets-rekt
        
       | Xmd5a wrote:
       | in-depth twitter thread:
       | 
       | https://x.com/cryppinfluence/status/1889268223528538113
       | 
       | This in particular:
       | https://x.com/cryppinfluence/status/1889268417108332733
       | 
       | This is the stuff of legend.
        
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