Law of Code #177 - Explaining the misnomer of 'Code is Law' with Andrew Hinkes, Andrea Tosato, and Carla Reyes
Mar 9, 2026
Carla Reyes, law professor focused on digital assets and reform; Andrew Hinkes, practicing digital-assets litigator; Andrea Tosato, commercial law scholar on blockchain. They unpack why code can enable actions but not by itself create legal rights. Conversations cover DAO hype, UCC reforms, smart contracts, AI parallels, and how law decides which tech states matter.
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Code Governs Possible Not Legal Rights
- Code shapes what actions are possible but does not itself create legal rights or obligations.
- Andrea Tosato and colleagues observed the phrase 'code is law' got literalized, turning architectural constraints into mistaken claims of legal authority.
Seth Green NFT Theft Shows Ledger Isn't The Final Word
- Seth Green's Bored Ape NFT was stolen in a phishing attack, but the blockchain ledger alone doesn't determine legal ownership after the hack.
- Andrew Hinkes used the theft to show ownership outcomes require applying theft and property law, not just ledger entries.
Minting An NFT Doesn't Create Copyright
- Alison Parker's father minted an NFT of her murder footage hoping it would give him copyright to force takedowns, but minting an NFT doesn't create copyright.
- Carla Reyes cited this as an example of public confusion where code implies rights it does not confer.