Smart Contract Liability in 2026: Who Is Responsible When the Code Fails?
Liability never attaches to bytecode — it attaches to whoever holds control, and US enforcers have four distinct theories for finding them. This follow-up analysis maps DeFi’s five-layer liability stack against CFTC v. Ooki DAO, Van Loon v. Treasury, SEC v. Rari Capital, and the general partnership rulings in Sarcuni v. bZx DAO and Samuels v. Lido DAO. Includes a layer-by-layer risk assessment and seven concrete mitigations for protocol builders.