Distributed ledger technology, particularly through NFTs, stands out as an effective tool for electronic service of process thanks to its immutability, transparency and security. A significant case in the United Kingdom illustrates this: a law firm obtained court permission to use an NFT on a blockchain to serve alleged perpetrators of a cryptocurrency theft, speeding up the proceedings by summoning alleged fraudsters who had until then remained anonymous.
In the United States, since 2022, NFTs have increasingly been used to serve defendants in blockchain-related cybercrime cases, making it possible to reach alleged perpetrators who could not previously be traced. This reflects a global rise in cybercrime, including the theft of crypto-assets, as shown by data from Spain’s Ministry of the Interior recording an increase in computer fraud.
Foreign courts have turned to the very technology used by cybercriminals, such as NFTs, to overcome obstacles to judicial service and ensure that defendants actually receive the proceedings brought against them, thereby addressing the risk of defendants being left unable to defend themselves and other jurisdictional and communication challenges. One example is the case of a federal judge in the United States who sent a judicial notice via blockchain and NFT, following an expert report confirming illicit cryptocurrency transactions.
NFTs, which evolved from cryptographic tokens, are unique and indivisible, which allows them to serve as publicly verifiable certificates. Because blockchains are distributed, encrypted and public, they are well suited to applying exact timestamps, guaranteeing the integrity of content and authenticating senders and recipients in communications.
In short, distributed ledger technology, together with NFTs, offers an efficient and legally sound solution for judicial service in the digital age, in line with the principles of authenticity and the protection of fundamental rights. This innovative approach helps to improve the effectiveness and legitimacy of the justice system in an increasingly digitalised context.
