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RE: Proposal for an incremental Constitution and Dapp layer governance on EOS

in #eos6 years ago

A thief steals someones tokens and the token holder calls ECAF to step in - ECAF agrees to step in and freezes the account (highly unlikely as it's not set up to act this quickly), the thief has not agreed to arbitration, yet ECAF agrees to arbitrate anyway. How is this arbitration when their are not two parties agreeing to it? It's not. It's enforcement. You guys are claiming ECAF doesn't have enforcement powers when it clearly does. If you're not prepared to admit to the powers you possess - why should the community be asked to trust you on how you use these powers?

In terms of the unresolved disputes - my advise to ECAF would be to resolve as many of them as you can before we vote via referendum and show the community your worth rather than holding these cases over the community as some means of political leverage in order to gain funding. A large proportion of the cases you guys have are in relation to the key generator phishing scam in which you have all of the evidence. Refusing to look at cases before being paid just looks like political gamesmanship to me. BPCs all worked incredibly hard to showcase their worth to the community prior to being voted in - why isn't ECAF doing the same?

'Your example how things could go wrong with ECAF on the protocol layer is not very convincing. Governments can't just say to it that it needs to shut down an app. ECAF can only make rulings on disputes. So first there needs to be a dispute.'

The dispute would be between the State and the Dapp.

I appreciate all you ECAF guys for coming on here and putting forth your side and for that I thank you.

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The Constitution places all parties under arbitration. As a contract, this is binding.

You may say that the thief did not agree with that. Sure, this is a theory that might be advanced. In which case the thief has no rights in EOS. They don't have rights to the property, they don't actually have any property in their ownership because the Constitution is the document that creates the rights to the property in EOS.

Article III – Rights

The Members grant the right of contract and of private property to each other, therefore no property shall change hands except with the consent of the owner, by a valid Arbitrator’s order, or via community referendum. This Constitution creates no positive rights for or between any Members.

Unless of course the thief can present a valid alternative contract that establishes their rights. We're all ears to that!

'The Constitution places all parties under arbitration. As a contract, this is binding.'

Until a new C is ratified.

Unless ECAF is honest about the powers it wishes to grant itself, then there is going to be skepticism. You are more than a mere arbitration forum...

Of course, until a different C is ratified. Meanwhile ECAF will serve the C as it is stated.

It's hard to be more honest that the C is written - the powers are written right there in black and white.

Refusing to look at cases before being paid just looks like political gamesmanship to me.

Oh my lord. Firstly, cases are declined because of a due process. Secondly, it is highly unlikely that declining cases would put pressure on the community to change their ways or thoughts. Only a controversial ruling is likely to do that, and no case has delivered a ruling as yet.

Thirdly, it is the case that EOS victims are grudging supporters of ECAF's existence, but unrepentant grumblers of ECAF's speed.

BPCs all worked incredibly hard to showcase their worth to the community prior to being voted in - why isn't ECAF doing the same?

??? You do understand that this isn't TV trial time - Judge Judy and all that? A lot of cases have sensitivity, and they are not conducted as reality shows for the pleasure of the viewing audience.

The Arbitrator is required to keep mum about any running case, and communicate fairly with only the parties and assistants. Not to run around in chat rooms and say how worthy they are...

The point of maximum transparency is the ruling which has yet to be delivered in any case. Recent figures suggest AAA has average of 7 months. Yes, things have been slow, but yeah, everyone has day jobs too.

And how many standby BPs are being paid now?

Let's not get carried away with Judge Judy hyperbole. Ruling on a few of the simple cases would go along way to showcasing your usefulness. Waiting to be paid $160 per hour per arbiter before taking any kind of action doesn't look great, but hey, it's your gig.

If it's going to take 7 months for someone to get their 200 phished EOS tokens back, it's hard to see how this system is ever going to scale.

Yes indeed. But no matter how much pressure you put on an Arbitrator for a result, he or she should ignore it. It's hardly a workable system if you can push the Arbitrator to follow your bidding.

The dispute would be between the State and the Dapp.

That would be handled in State courts. A ruling or order from the State court would then be forwarded to ECAF under 5.4 External Courts . Then, see @samupaha's response above - firstly ECAF would have to accept and forward the order, then the BPs would have to accept and execute the order, then the Community would have to accept and not referendum / vote out the BPs.

Lots of checks and balances.

The fact that a state court has a single entity in which to engage with weakens the whole decentralized structure we aimed to build. We can talk about the few checks and balances (such as BPs ignoring ECAF/EMAC orders), but the truth is, having ECAF as the centralized arbiter on the protocol layer makes it way easier for a state to request censorship - ECAF builds an accessible door in which hostile states may enter.

I'm not being marginally theoretical either - many states all over the world deny their citizens access to information and employs a practice of censorship upon them.

Granted. It all depends on who your enemy is. If your enemy is the state, you might like Bitcoin better. If however your enemy is the thief, this system works better.

It's doubtful ECAF could gather all the necessary evidence together and rule in time to stop a thief.
If ECAF employed a practice of freezing accounts prior to making a ruling then that opens up a whole other can of worms.

...and so we loop back to the issues I raised in the above article.

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