“Determining whether claims of lost or forgotten private keys are genuine or are bad faith attempts to protect assets will be a challenge for courts, forcing them to confront
complex, technology-specific evidence and requiring that they determine whether that loss is bona fide or tactical ‘self-created impossibility,” Hinkes wrote.
READ: Northwestern Journal of Technology and Intellectual Property, “Throw Away the Key, or the Key Holder? Coercive Contempt for Lost or Forgotten Cryptocurrency Private Keys, or Obstinate Holders”
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