International Journal of Cryptocurrency Research
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| Volume 6, Issue 1, June 2026 | |
| Research PaperOpenAccess | |
Legal Deterrence in ‘Permissionless’ Consensus |
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1University of Exeter Business School, Exeter, United Kingdom. E-mail: cw881@exeter.ac.uk
*Corresponding Author | |
| Int.J.Cryp.Curr.Res. 6(1) (2026) 102-133, DOI: https://doi.org/10.67191/IJCCR.6.1.2026.102-133 | |
| Received: 13/04/2026|Accepted: 06/06/2026|Published: 25/06/2026 |
Budish 2025 derives a deterrence condition for proof-of-work consensus under a no-rule-of-law scope condition. This paper extends his framework along two dimensions: it replaces the monolithic anonymous attacker with a pool-centred coalition whose effective capacity depends on member retention, and it admits legal sanctions into the attacker’s payoff. Setting both extensions to zero recovers Budish’s baseline exactly. The model introduces a value-dependent legal term subject to an enforcer participation constraint: below the enforcement threshold, protocol costs alone determine deterrence. As transaction value rises, the legal term becomes positive and the model distinguishes payout-distortion exit from liability-driven exit. Pool-level data for March 2026 show that the coordination layer is concentrated among publicly attributable operators in a small number of jurisdictions. Pure flow-cost security applies where the enforcer participation constraint binds; for large-value attacks, deterrence is jointly determined by protocol costs, legal sanctions, reputational loss, capital destruction, and longest chain exclusion.
Keywords: Rule of law, Legal enforcement, Blockchain security, Mining pools, Reputational sanctions, Double-spending
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