Autor Cointelegraph By David Attlee

Law Decoded, June 7–13: Lummis-Gillibrand bill is finally here

One can hardly name a document more long-hoped-for as the crypto bill, co-sponsored by United States Senators Cynthia Lummis of Wyoming and Kirsten Gillibrand of New York, was for the crypto community. And, it’s finally here. Last week, Lummis and Gillibrand introduced a 69-page bill in the U.S. Senate. What’s inside? The projects of study on the environmental impact of digital assets and advisory committee on innovation, a tax structure, a mandate for analysis of the use of digital assets in retirement savings and much more.Should it become law, the bill would undoubtedly implement major changes to the current regulatory landscape. Kirsten Gillibrand and Cynthia Lummis have confirmed that Bitcoin (BTC) and Ether (ETH) will be classified as commodities and regulated by the Commodity Futures Trading Commission (CFTC). At the same time, bill authors consider most altcoins securities subject to U.S. Securities and Exchange Commission (SEC) regulations. “It will be a struggle to decipher what exactly is in the SEC bucket, but it could be the exception that swallows the rule,” a worried expert told Cointelegraph. Legal troubles mount for Terraform LabsTerraform Labs, the parent company behind the collapsed Terra ecosystem, continues its struggle with enforcement agencies and courts in both hemispheres. The Seoul Metropolitan Police Agency received an intelligence tip informing them of possible embezzlement of BTC by one of the firm’s employees, though not Do Kwon himself. But Kwon is still in enough trouble, as The United States Court of Appeals rejected his dispute of a subpoena by the SEC, ruling that it was served correctly.Continue reading.Bad week for BinanceMajor crypto exchange Binance suffered some heavy blows last week. The SEC investigated whether Binance Holdings broke securities rules when it launched its native token BNB in an initial coin offering (ICO) five years ago. Then, Reuters alleged that Binance processed at least $2.35 billion of transactions from hacks, investment frauds and narcotics sales between 2017 and 2021. In its written statement, the company snubbed the journalists’ allegations as disinformation attempts by certain interested parties to “mislead the general public.” Continue readingA letter from human rights activistsWriting letters is cool once again. A week after the open letter by tech scientists against the lobbying effort of the industry comes the new one, this time from human rights activists. Campaigners from 20 countries have submitted an open letter to the U.S. Congress in support of a “responsible crypto policy” and praising Bitcoin and stablecoins as essential tools aiding democracy and freedom for tens of millions. The human rights coalition lashed out at the authors of last week’s anti-crypto letter who come from countries with “stable currencies, free speech, and strong property rights” and that they most likely haven’t experienced hyperinflation or “the cold grip of dictatorship.”Continue reading

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DeFi pulls the curtain on financial magic, says EU Blockchain Observatory expert

As decentralized finance continues its victorious march — although the road is sometimes bumpy — some significant questions on its nature remain. How can DeFi applications be protected from becoming nonoperational under extreme stress? Is it really decentralized if some individuals have way more governance tokens than others? Does the anonymous culture compromise its transparency?A recent report from the EU Blockchain Observatory and Forum elaborates on these questions and many others around DeFi. It contains eight sections and covers a range of topics, from the fundamental definition of DeFi to its technical, financial and procedural risks. Conducted by an international team of researchers, the report formulates some important conclusions that will hopefully make their way to the eyes and ears of legislators.The researchers highlight DeFi’s potential to increase the security, efficiency, transparency, accessibility, openness and interoperability of financial services in comparison with the traditional financial system, and they suggest a new approach toward regulation — one that is based on the activity of separate actors rather than their shared technical status. The report states:“As with any regulation, measures should be fair, efficient, effective and enforceable. A combination of self-regulation and supervisory enforced regulation will gradually give rise to a more regulated DeFi 2.0 emerging from the current nascent DeFi 1.0 ecosystem.”Cointelegraph spoke with one of the report’s authors, Lambis Dionysopoulos — a researcher at the University of Nicosia and a member of the EU Blockchain Observatory and Forum — to learn more about the most intriguing parts of the document. Cointelegraph: How should regulators approach information asymmetry between professionals and retail users?Lambis Dionysopoulos: I would argue that regulatory intervention is not needed for that. Blockchain is a unique technology in the level of transparency and intricacy of information it can provide to anyone at no cost. The trade-offs for achieving that level of transparency are often significant to the extent that decentralized blockchains are often criticized as inefficient or redundant. However, this is necessary for providing an alternative to the existing financial system, whose opaqueness is the root of many evils.In traditional finance, this opaqueness is given. The everyday saver, charity donor or voter has no way to know if their funds are dutifully managed by the bank or support their preferred cause, or know who sponsored their politician and by how much. DeFi pulls the curtain on the financial magic by encoding every transaction on an immutable ledger accessible to everyone.Recent: Bitcoin and banking’s differing energy narratives are a matter of perspectiveToday, tools such as blockchain explorers allow anyone to trace the flow of money in the blockchain economy, gain information about the apps and services they use in the space, and make informed decisions. It is true that those with funds and advanced knowledge can, and do, take better advantage of this system. However, as the DeFi ecosystem expands, I am optimistic that new tools will emerge that will make more advanced insights available to anyone. My optimism is founded on two factors: First, it is comparatively easier to build such tools in DeFi; and second, inclusivity and openness are the ethos of the DeFi space. The role of regulators should be to facilitate this.CT: In the report, DeFi is classified as “radical innovation,” while fintech generally is “sustaining innovation.” Could you explain these definitions and the difference between them?LD: Sustaining or incremental innovations are improvements on existing products or procedures with the goal of better serving the same customers, often for a higher profit too. Fintech is a prime example of this. Indicatively, through e-banking, customers can open accounts faster, initiate online transactions, and gain access to electronic statements, reports and management tools. Revolut and Venmo make splitting the bill or asking for pocket money easier. All those conveniences are often welcome and demanded by consumers, but also by companies who can find ways to monetize them. Central to sustaining innovations is a notion of linearity and certainty, meaning modest changes that result in modest improvements on how things are done as well as added value.On the contrary, radical innovations such as DeFi are nonlinear — they are discontinuities that challenge conventional wisdom. Radical innovations are based on new technologies — they can create new markets and make new business models possible. For that reason, they also imply a high level of uncertainty, especially at the early stages. The notion that anyone can be their own bank and that openness and composability can overcome walled gardens are examples of how DeFi can be perceived as a radical innovation. CT: Is there any data confirming the hypothesis that DeFi can help the unbanked and underbanked? It seems that DeFi is popular firstly among tech-savvy individuals from developed countries.LD: The notion that DeFi is popular with banked and tech-savvy individuals is both true and short-sighted. For traditional financial service providers, making their services available to an individual is a question of cost-benefit. Simply put, a large portion of the planet is not worth their “investment.” Someone more suspicious might also add that depriving individuals of access to finance is a good way of keeping them subordinate — a look at who the unbanked are might support this terrifying theory.DeFi has the potential to be different. Its global availability does not depend on the decision of a board of directors — it is how the system is built. Everyone with rudimentary internet access and a smartphone can access state-of-the-art financial services. Immutability and censorship resistance are also central to DeFi — no one can stop anyone from transacting from, or to, a specific area or with an individual. Finally, DeFi is agnostic to the intentions behind sending or receiving information. As long as someone sends or receives valid information, they are first-class citizens in the eyes of the network — irrespective of their other social status or other characteristics.DeFi is popular with banked tech-savvy individuals for two primary reasons. Firstly, as a nascent technology, it necessitates some level of technical sophistication and thus attracts users with the luxury of acquiring this knowledge. However, there are active steps taken to reduce the barriers to entry. Social recovery and advances in UX design are only two such examples. Secondly, and perhaps most importantly, DeFi can be lucrative. In the early stages of wild experimentation, early adopters are rewarded with high yields, handouts (airdrops) and price appreciation. This has attracted tech-savvy and finance-native individuals seeking a higher return on their investments. Market shakeouts (such as the recent events of UST/LUNA) will continue to separate the wheat from the chaff, unsustainable high yields will eventually subside, and individuals attracted to them (and only them) will seek profits elsewhere. CT: The report highlights the problematic aspects of the pseudonymous culture of DeFi. What possible compromises between the core principles of DeFi and the security of users do you see in the future?LD: DeFi is not entirely homogeneous, which means that it can provide different services, with different sets of trade-offs for different people. Similar to how blockchains have to compromise either security or decentralization to increase their efficiency, DeFi applications can make choices between decentralization and efficiency or privacy and compliance to serve different needs. We are already seeing some attempts at compliant DeFi, both in custodial stablecoins, programmable central bank digital currencies, securities settlement using blockchain, and much more, collectively also referred to as CeDeFi (centralized decentralized finance). The trade-off is explicitly included in the name. Products with different trade-offs will continue to exist to serve consumer needs. However, I hope this interview makes a case for decentralization and security, even if that means challenging conventions.CT: The report states that DeFi has so far had a minimal impact on the real economy, with use cases limited to crypto markets. What use cases do you see outside these markets?LD: DeFi has the potential to influence the real world directly and indirectly. Starting with the former, as we become better at making complex technologies more accessible, the whole suite of DeFi tools can be made available to everyone. International payments and remittances are the first low-hanging fruit. The borderless nature of blockchains, in conjunction with relatively low fees and reasonable transaction confirmation times, makes them a contender for international payments.With advances such as layer 2, transaction throughput can rival that of large financial providers such as Visa or Mastercard, making cryptocurrency a compelling alternative for everyday transactions as well. What could follow are basic financial services, such as savings accounts, lending, borrowing and derivatives trading. Blockchain-backed microfinancing and regenerative financing are also gaining traction. Similarly, DAOs can introduce new ways of organizing communities. NFTs can also be, and have been, more appealing to the wider market.At the same time, the idea of using concepts developed in the DeFi space to increase efficiency in the traditional financial system is gaining ground. Such use cases include, but are not limited to, smart contracts and programmable money, as well as the use of the tamper-evident and transparent properties of blockchain for the monitoring of financial activity and the implementation of more effective monetary policy.Recent: Bear market: Some crypto firms cut jobs while others aim for sustainable growthWhile each of those individual components is important in its own respect, they are also parts of a bigger transition to Web3. In that respect, I would argue that the real question is not how much crypto can influence the “real” economy but how much it will blur the line between what we consider the “real” and “crypto” economy.CT: The report makes a reserved recommendation to regulate DeFi actors by their activity rather than use an entity-based approach. How would this regulatory structure function?LD: In the world of DeFi, entities look much different than what we are used to. They are not rigidly defined structures. Instead, they comprise individuals (and entities, too) that come together in decentralized autonomous organizations to vote on proposals about how the “entity” will be involved. Their activities are not well defined. They can resemble banks, clearing houses, a public square, charities and casinos, often all at the same time. In DeFi, there is no single entity to be held accountable. Due to its global nature, it is also impossible to apply a single country’s legislation. For this reason, our conventional wisdom of financial regulation simply does not apply to DeFi. Moving to an activity-based regulation makes more sense and can be facilitated by regulation at the individual level and the DeFi on-ramps. That being said, there are definitely bad actors using DeFi as an excuse to sell repackaged traditional finance products, only less secure and less regulated — or even worse, outright scams. Regulatory certainty can make it harder for them to seek asylum in DeFi.

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Yellen doubts crypto’s place in 401(k), says Congress could regulate

The Secretary of the United States Treasury, Janet Yellen, weighed in on including cryptocurrencies in retirement plans, calling them a very risky investment that should be regulated by Congress. During an event organized by the New York Times in Washington on June 9, Yellen shared her opinion on the pioneer attempt to include crypto in retirement plans undertaken by Fidelity Investments:“It’s not something that I would recommend to most people who are saving for their retirement. To me it’s very risky investment.”The discussion around digital currencies in 401(k) plans saw the participation of the Department of Labor, and senators Elizabeth Warren, Tommy Tuberville and Cynthia Lummis. Yellen went as far as to say that Congress could regulate the type of assets that can be included in retirement programs: “I’m not saying I recommend it, but that to my mind would be a reasonable thing.”The last statement is important in the context of a legislative uncertainty that has been following the topic of crypto as a retirement investment since the very beginning. 401(k) investments are subject to the Employee Retirement Income Security Act of 1974. It doesn’t specify which asset classes can or cannot be included in a 401(k), but obliges fiduciaries to “show the care, skill, prudence and diligence that a prudent person would exercise.”Related: Crypto 401(k): Sound financial planning or gambling with the future?In April, Fidelity announced that it would allow 401(k) retirement saving account holders to directly invest in Bitcoin (BTC). The United States Department of Labor (DOL) responded with a compliance report, threatening legal action, while senators Elizabeth Warren of Massachusetts and Tina Smith of Minnesota requested the firm to provide answers on how they are planning to address risks laid out by the DOL. Meanwhile, Senator Tommy Tuberville from Alabama has unveiled a “Financial Freedom Act” to allow investors to add cryptocurrency to their 401(k) retirement savings plan and Wyoming Senator Cynthia Lummis teased the legalization of crypto in 401(k)’s as a part of her long-anticipated crypto bill.

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Lithuania aims to tighten crypto regulation and ban anonymous accounts

In its efforts to fight money laundering risks and the possible schemes of Russian elites circumventing financial sanctions, the 2.8-million nation of Lithuania is planning to tighten its scrutiny over crypto. As the local Ministry of Finance announced on Wednesday, June 8, various ministries of the Lithuanian government approved legal amendments to anti-money laundering (AML) and countering the financing of terrorism in the crypto sector. The amendments to the current law — should they later be approved by the Seimas, Lithuania’s legislature — would stiffen the guidelines for user identification and prohibit anonymous accounts. The new regulations would also tighten up demands for exchange operators — from January 1, 2023, they will be obliged to register as a corporate body with nominal capital amounting to no less than 125,000 euros. The senior management of such companies would have to be permanent residents of Lithuania. The announcement justifies the tightened regulations with the accelerating growth of the crypto industry and specific geopolitical risks: “More nuanced regulation of the suppliers of crypto-services is also important considering the international regulatory tendencies and the geopolitical situation in the region when many Western countries impose financial and other sanctions on Russian Federation and Belarus.”In her official commentary, the Minister of Finance Gintarė Skaistė explained, that the steps on the national level are taken in accordance with the upcoming pan-European regulations. The announcement underscores the swift rise of the crypto companies in the country after a regulatory tightening in neighboring Estonia — there were only 8 new crypto companies in 2020, while 2021 saw the appearance of 188 new entities. Related: For the crypto industry, supporting sanctions is an opportunity to rebrandEstonia announced its update on the AML act in September 2021. The updated law effectively banned non-custodial software wallets as well as decentralized finance products. In April 2022, the European Parliament approved an AML regulatory package, that could place severe disclosure requirements on transactions between non-custodial wallets and crypto exchanges in the European Union. The Lithuanian Ministry of Finance did not immediately respond to Cointelegraph’s request for comment.

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Bill to ban digital assets as payment introduced in Russian parliament

In recent months, Russian legislators have been preparing measures to fully institutionalize crypto as a properly taxable investment asset and a possible tool for foreign trade in Russia. Now, they want to make clear that the upcoming regulatory turn won’t include any windows for adopting digital financial products as a payment method. On Tuesday, June 7, Anatoliy Aksakov, the head of the Financial Markets Committee of the Russian parliament’s lower chamber — the State Duma — introduced a bill that would prohibit the use of “digital financial actives” (DFA) to pay for any kind of goods or services. As the cover note specified:“The ruble is the official monetary unit (currency) of the Russian Federation. The aforementioned article sets a prohibition against the introduction of other monetary units or monetary surrogates on the territory of the Russian Federation.” The bill refers to already existing legislation, which doesn’t prohibit explicitly using DFAs as a payment method, although de-facto such operations still aren’t considered legal in the country. The new document would make this ban official and oblige DFA exchange managers to withhold any deals implicating the usage of crypto as a monetary surrogate. Related: Russia to include crypto into its tax code: Here is what the rules might look likeThe bill also introduced the concept of an “electronic platform,” which is loosely defined as a financial platform, investment platform or information system in which digital financial assets are issued. Electronic platforms would be recognized as the subjects of the national payment system and obliged to submit to the central bank’s registry. Every major operation with DFAs — their emission, circulation, exchange and trade — would get its own registry. The existing law on Digital Financial Actives came into force in 2021. In May 2022 the tax amendments on DFAs passed the first reading in the State Duma. In a separate development, two other important bills are continuing their journey through the legislative process — a bill “On digital currency” would define the regulatory framework for crypto in general, while a bill “On mining in Russian Federation” should set the guidelines for miners.

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