Artificial Intelligence and Legal Implications: Risks and Safeguards in Decentralized Finance (DeFi) – A Case Study of MakerDAO

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Decentralized Finance (DeFi) has emerged as one of the most transformative applications of blockchain technology, redefining how financial services are structured, accessed, and governed. At the heart of this evolution lies MakerDAO, a pioneering DeFi lending platform that exemplifies both the promise and perils of decentralized systems. This article explores MakerDAO’s governance model, analyzes its infamous "Black Swan" event, identifies key financial risks inherent in DeFi, and proposes actionable safeguards to enhance investor protection and regulatory clarity.

Understanding MakerDAO: Governance and Mechanism

Founded in 2014, MakerDAO is a decentralized lending protocol built on the Ethereum blockchain. It issues DAI, a stablecoin algorithmically pegged to the U.S. dollar, maintaining a 1:1 value through dynamic market mechanisms rather than centralized reserves.

The system operates via over-collateralization: users lock up digital assets—primarily Ether (ETH)—as collateral to borrow DAI. To ensure stability, the collateral value must exceed the borrowed amount by at least 150%. For instance, a user seeking $500 in DAI must deposit $750 worth of ETH.

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This mechanism helps insulate DAI from volatility. Additionally, MakerDAO employs a price feedback system that adjusts borrowing rates (known as the "stability fee") based on supply and demand. When DAI trades above $1, rates decrease to encourage more borrowing and increase supply. Conversely, if DAI dips below parity, higher fees reduce circulation, restoring balance.

Governance is decentralized through MKR tokens, which grant holders voting rights on critical decisions—from risk parameters to protocol upgrades. This DAO (Decentralized Autonomous Organization) structure aims to eliminate centralized control, allowing community-driven evolution of the platform.

However, this autonomy introduces new complexities—particularly when crisis strikes.

The 2020 Black Swan Event: A System Under Stress

On March 12, 2020—coinciding with global market turmoil due to the pandemic—Ether’s price plummeted from $171 to $130 within hours, a 23.5% drop. As ETH values fell below the 150% collateral threshold for many loans, MakerDAO’s automated liquidation mechanism triggered.

Liquidation occurs when collateral value drops too low. The system auctions off the collateral to repay debt, charging a 13% penalty. But during this crash:

This flaw stemmed from a design choice: under extreme congestion, the system prioritized clearing bad debt over fair auction mechanics. While intended to protect solvency, it led to $8.3 million in user losses and accusations of “rug-pulling” or “investor harvesting.”

The incident exposed critical weaknesses in DeFi’s promise of fairness and transparency—highlighting how code alone cannot guarantee equitable outcomes during systemic stress.

Key Financial Risks in DeFi Platforms

Credit Risk: Over-Collateralization Isn’t Foolproof

Unlike traditional banks with comprehensive credit assessment tools (e.g., credit scoring, income verification), DeFi relies solely on over-collateralization. While this reduces default risk, it offers no protection against sudden asset devaluation or cascading liquidations. In volatile markets, even well-collateralized positions can collapse rapidly.

Interest Rate and Stability Risk

DAI’s peg depends on algorithmic adjustments. During high volatility or network congestion, feedback loops may lag, leading to temporary de-pegging. Users face unexpected losses not just from asset depreciation but also from delayed responses in rate adjustments.

Technical Risk: Code Is Law—Until It Fails

Smart contracts execute automatically—but bugs, exploits, or poor design can lead to catastrophic outcomes. The Black Swan event revealed that MakerDAO’s liquidation bots had privileged access and flawed logic under stress. When only two bots functioned during peak load, they disproportionately benefited—a clear technical imbalance.

Governance Risk: Who Controls the DAO?

While DAOs promote decentralization, governance power often concentrates among large MKR holders. Moreover, pre-programmed rules—like zero-price liquidations—can override fairness in emergencies. This contradicts the ethos of community autonomy and raises concerns about accountability.

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Anonymity and Regulatory Risk

DeFi platforms typically lack Know Your Customer (KYC) requirements. While this preserves privacy, it enables illicit activities and complicates legal recourse. After the Black Swan event, affected users could sue MakerDAO only because it had a U.S.-based entity. Most DeFi projects lack such traceability, leaving investors with no legal recourse.

Cross-Border Transaction Complexity

DeFi operates globally across jurisdictions with differing regulations. Funds move freely without traditional oversight, increasing risks of money laundering and regulatory arbitrage. Enforcement becomes nearly impossible when no central authority exists.

Toward a Safer DeFi Ecosystem: Recommendations

With over **$250 billion** locked in DeFi protocols (per DeFi Llama), the sector’s systemic importance is undeniable. As real-world assets enter blockchain ecosystems—as seen with **Société Générale’s SG-Forge**, which used tokenized bonds (OFH) to secure a $20 million DAI loan from MakerDAO—the line between traditional finance (CeFi) and DeFi blurs.

Such integration demands proactive risk mitigation:

Implement Tiered KYC for Institutional Access

While full anonymity may remain for retail users, institutional participation should require verified identities. This “decentralized but accountable” model balances openness with compliance—enabling audits, dispute resolution, and regulatory alignment.

Enhance Smart Contract Resilience

Protocols must undergo rigorous stress testing under simulated black swan conditions. Circuit breakers, minimum bid floors in auctions, and dynamic gas optimization can prevent exploitation during congestion.

Strengthen Governance Transparency

Governance proposals should include impact assessments and emergency response plans. Independent oversight bodies or legal wrappers could provide accountability without sacrificing decentralization.

Regulatory Clarity Is Essential

Regulators like the Financial Stability Board (FSB) have called for identifying “influential actors” in DeFi who should be subject to licensing. Countries must develop frameworks that distinguish between fully decentralized protocols and those with identifiable developers or foundations.


Frequently Asked Questions (FAQ)

Q: What is DAI, and how does it stay stable?
A: DAI is a decentralized stablecoin pegged to the U.S. dollar. Its stability is maintained through over-collateralized loans, algorithmic interest rate adjustments (stability fees), and market incentives that expand or contract supply based on price deviations.

Q: Why did MakerDAO conduct $0 liquidations in 2020?
A: During network congestion caused by ETH’s price crash, MakerDAO’s liquidation mechanism defaulted to zero-price bids to clear bad debt quickly. This design flaw allowed bots—and ultimately the protocol itself—to acquire valuable collateral at no cost.

Q: Can users recover funds lost in DeFi crashes?
A: Recovery is difficult due to pseudonymity and lack of legal entities. In MakerDAO’s case, some users pursued litigation because the foundation had a U.S. presence—but most DeFi platforms offer no such recourse.

Q: How does over-collateralization protect lenders?
A: By requiring collateral worth more than the loan (e.g., 150%), the system ensures there are sufficient assets to cover debt even if prices drop. However, rapid crashes can still outpace liquidation mechanisms.

Q: Is DeFi regulated?
A: Most jurisdictions lack specific DeFi regulations. However, regulators are increasingly focusing on accountability—especially for projects with identifiable teams or institutional ties.

Q: Can traditional banks use DeFi safely?
A: Yes—with safeguards. The SG-Forge example shows banks can leverage DeFi for efficiency but must conduct due diligence on protocol risks, governance, and legal enforceability.


As blockchain reshapes finance, DeFi stands at a crossroads: it can either evolve into a resilient, transparent ecosystem or remain a high-risk frontier vulnerable to systemic shocks. By integrating smart regulation, robust code design, and identity-verified access points, we can build a future where innovation and investor protection coexist.

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