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Regulators must keep pace with the new data protection paradigm

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A new consensus is emerging in the Web3 world, one that recognizes the importance of privacy as the foundation of digital freedom. For years, privacy has been treated as a compliance issue, a liability for developers, and a niche concern at best. However, with the Ethereum Foundation’s announcement of the Privacy Cluster, a cross-team initiative focused on private reads and writes, confidential identities, and zero-knowledge proofs, it is clear that privacy is now being taken seriously.

The Shift from Visibility to Verifiability

The traditional approach to digital governance has been based on a logic of visibility, where systems are trustworthy because they can be observed by regulators, auditors, or the public. However, with the emergence of cryptographic systems, a new paradigm is taking shape: shared verification. This approach enables the verification of whether a rule has been followed without revealing the underlying data, making it possible to prove the truth without revealing it.

This change has profound consequences, as it means that we no longer have to choose between privacy and accountability. Both can coexist and be embedded directly into the systems we rely on. Regulatory authorities must adapt to this new logic, rather than fighting against it. As Agata Ferreira, Assistant Professor at Warsaw University of Technology, notes, “The industry recognizes that data protection is not a niche, it’s infrastructure. Without it, Web3’s openness becomes its weakness, and transparency becomes surveillance.”

Privacy as Infrastructure

The Ethereum Foundation’s Privacy Cluster is just one example of the industry’s recognition of the importance of privacy. Emerging architectures in various ecosystems are integrating data protection and modularity, balancing privacy, auditability, and decentralization as mutually reinforcing characteristics. This is not an incremental improvement, but a new way to think about freedom in the digital network age.

Other examples include sender-unlinkable messaging, validator anonymity, private proof-of-stake, and self-healing data persistence. These designs rebuild the digital stack from the ground up, enabling communities to build independently while remaining demonstrably connected, combining autonomy with accountability. As Ferreira notes, “The next phase of digital regulation must move from scrutiny to support. Legal and policy frameworks should protect privacy-preserving open source systems as critical public goods.”

Regulatory Catch-Up

Current regulatory approaches still reflect the logic of shared observation, where visibility is confused with security and compliance. However, this perspective is outdated and dangerous. In a world where everyone is being watched and data is being collected, bought, sold, leaked, and exploited on an unprecedented scale, the lack of privacy is the real systemic risk. It undermines trust, endangers people, and weakens democracies.

Lawmakers must begin to view privacy as an ally rather than an adversary, a tool to enforce fundamental rights and restore trust in digital environments. As Ferreira notes, “The technology is preparing. The laws have to catch up.” This requires a shift from control to support, providing legal clarity for developers and distinguishing between actions and architecture. Laws should penalize wrongdoing, not the existence of technologies that enable privacy.

The Architecture of Freedom

The Ethereum Foundation Privacy Initiative and other new privacy-first network designs share the idea that freedom is an architectural principle in the digital age. It cannot rely solely on promises of good governance or oversight; it needs to be built into protocols that shape our lives. These new systems, private rollups, state-segregated architectures, and sovereign zones represent the practical synthesis of privacy and modularity.

Politicians should see this as an opportunity to support the direct anchoring of fundamental rights in the technical foundations of the Internet. Privacy-by-design should be understood as legality-by-design, a way to enforce fundamental rights through laws and not just constitutions, charters, and conventions. As Ferreira notes, “The blockchain industry is redefining what ‘consensus’ and ‘truth’ mean by replacing shared observation with shared verification, visibility with verifiability, and surveillance with sovereignty.”

Read the original article at https://cointelegraph.com/news/regulators-must-catch-up-to-the-new-privacy-paradigm?utm_source=rss_feed&utm_medium=rss_tag_blockchain&utm_campaign=rss_partner_inbound

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