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CARLA FAILLA

Big Tech and E-money Token

Abstract

Currency, in all its forms, as an intermediate instrument of trade, has come into existence and continues to exist because of a living economy that needs it. After describing the main arguments and characteristics of the new “monetary language” of cryptocurrency, the author analyses the new legal framework of e-money tokens in the light of the development of new forms of money and exchange, seeking to identify a point of contact between the legislator’s intention and the proliferation of new cryptographic resources within the new markets of Big Tech. The complex legal configuration of crypto-activities and their possible use as a means of payment forces the interpreter to consider the phenomenon in the light of private regulatory law and to deal with a reality that – whether it is positive or negative – is definitely not neutral.