Autor Cointelegraph By Kirill Bryanov

Biden to sign executive order on crypto, authorize all-government effort to consolidate regulation

Later today, U.S. President Joe Biden will sign a long-anticipated executive order on digital assets. Despite fears that the order may resound a regulatory clampdown on the industry, the language of the document is fairly favorable, the key focus being the coordination and consolidation of various agencies’ efforts within a unified national policy.The order designates six key areas of the federal government’s involvement with the digital asset ecosystem — consumer and investor protection, financial stability, financial inclusion, responsible innovation, the United States’ global financial leadership and combating illicit financial activity — and directs specific agencies to lead in designated policy and enforcement domains.The Department of the Treasury will take the lead in developing policy recommendations for mitigating both systemic and consumer risks associated with digital assets. The Financial Stability and Oversight Council is directed to assess global and domestic risks and highlight policy gaps that are should be closed. Matters of national security and combatting illicit finance will become a whole-of-government concern, with all relevant agencies “directing unprecedented focus of coordinated action” on crypto-related risks.In addition to addressing risks, Biden’s executive order makes a nod to digital assets’ potential to expand the accessibility of financial services and contribute to maintaining the United States’ global financial leadership. Specifically, it directs the Department of Commerce to devise a framework ensuring that the U.S. is competitive in the digital asset space.The order also directs the Treasury to produce a report on the “future of money and payment systems” and encourages the Federal Reserve to ramp up research and development of a potential U.S. central bank digital currency, or CBDC.The executive order comes amid the U.S. government’s heightened concerns over the possibility of Russia using cryptocurrency to dodge Western sanctions in the wake of its military actions in Ukraine. Semi-informed speculations regarding the contents of the document began to circulate one day before its actual publication as Treasury Secretary Janet Yellen’s statement on the order went public prematurely, apparently by error.

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Law Decoded: Crypto in times of war, Feb. 28–Mar. 7

A war rages on Europe’s eastern rim, having already left thousands of people dead and injured and millions more displaced. Digital assets have become so woven into the global financial system that a major political and economic crisis like the one unfolding right now has crypto inevitably involved on all levels: individual, institutional and national. From Russian nationals turning their burning passports into nonfungible tokens (NFTs) to refugees using crypto as a last financial resort, millions of dollars worth of crypto donations flowing to Ukraine, and both digital asset platforms and the United States government weighing crypto sanctions against Russia, cryptocurrencies play a significant role in the events surrounding the ongoing calamity. It is also evident at this point that the crisis, in turn, will massively affect crypto itself, accelerating its adoption and regulation globally.No way around sanctionsOne of the most conspicuous narratives picking up steam in the wake of the conflict’s escalation has been the notion that Russia could move fast toward embracing crypto as a potential tool for circumventing the unprecedented economic and financial sanctions it is now facing. This prospect has regulators in both the United States and European Union so uneasy that both Federal Reserve Chair Jerome Powell and European Central Bank President Christine Lagarde have called for lawmakers in their respective jurisdictions to ramp up work on regulatory frameworks for digital assets. Many industry experts, however, are skeptical of the idea that crypto offers a viable workaround for the increasingly isolated Russian state. The points most frequently invoked in support of this argument are distributed ledgers’ transparency and the notion that the bandwidth of the crypto payment rails is insufficient to supply an economy the size of Russia’s.SEC goes nonfungibleIt looks as if the explosion in the prices of certain nonfungible token collections and the popularity of so-called fractional NFTs are leading the U.S. Securities and Exchange Commission to take a closer look at NFT marketplaces. The regulator reportedly suspects that certain tokens could be used to raise money, much like traditional securities but without being regulated as such. SEC attorneys have been subpoenaing some participants of the NFT market to gather information about how the issuance and sales of certain tokens are structured. Chances are that the nonfungible token space will become the next target of the agency’s scrutiny following the recent clampdown on the crypto lending sector.Separately, the agency’s enforcement director has reportedly stated that the SEC will not turn a blind eye to securities law violations by companies that preemptively turn themselves in. The move is unlikely to inspire firms that have doubts about the status of their offerings to seek advice directly from the SEC.De facto legal tenderA partnership between the city of Lugano, Switzerland and the company behind Tether (USDT) will allow residents to use USDT, Bitcoin (BTC) and the Swiss stablecoin LVGA for a range of payments — including taxes, public services and tuition fees, in addition to goods and services from local businesses — essentially amounting to adopting crypto as legal tender within the municipal boundaries. Tether also pledged to create a fund of up to 100 million Swiss francs ($108 million) to support turning the city of 63,000 people into a European blockchain hub.

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Seizure of Bitfinex funds is a reminder that crypto is no good for money launderers

As public understanding of how digital assets work becomes more nuanced along with the mainstreaming of crypto, the language of Bitcoin’s (BTC) “anonymity” gradually becomes a thing of the past. High-profile law enforcement operations such as the one that recently led to the U.S. government seizing some $3.6 billion worth of crypto are particularly instrumental in driving home the idea that assets whose transaction history is recorded on an open, distributed ledger are better described as “pseudonymous,” and that such a design is not particularly favorable for those wishing to get away with stolen funds.No matter how hard criminals try to obscure the movement of ill-gotten digital money, at some point in the transaction chain they are likely to invoke addresses to which personal details have been tied. Here is how it went down in the Bitfinex case, according to the documents made public by the U.S. government.Too comfortable too earlyA fascinating statement by a special agent assigned to the Internal Revenue Service, Criminal Investigation (IRS-CI) details a process whereby the U.S. federal government’s operatives got a whiff of the couple suspected of laundering the money stolen in the 2016 Bitfinex hack.The document describes a large-scale operation to conceal the traces of stolen Bitcoin that involved thousands of transactions passing through multiple transit hubs such as darknet marketplaces, self-hosted wallets and centralized cryptocurrency exchanges.In the first step, the suspects ran the crypto earmarked as being looted in the Bitfinex heist through darknet market AlphaBay. From there, a portion of funds traveled to six accounts on various crypto exchanges that were, as investigators later found, all registered using email accounts hosted by the same provider in India. The emails shared similar naming styles, while the accounts exhibited similar patterns of trading behavior.Related: Making sense of the Bitfinex Bitcoin billionsThe chain wore on, and the BTC that law enforcement followed was further funneled to a slew of self-hosted wallets and other exchange accounts, a few of them registered in the real name of one of the suspects. Following along the investigators’ narrative, a reader eventually gets an impression that, at one point, Ilya Lichtenstein and Heather Morgan felt that they had done enough to cover up their tracks and that they could spend some of the money on themselves.That was it: Gold bars and a Walmart gift card, purchased using the funds traceable back to the Bitfinex hack and delivered to Lichtenstein and Morgan’s home address. Everything was right there on the ledger. The resulting report reads as a compelling description of a crime that has been reverse-engineered using an immutable record of transactions.Following the moneyThe scale of the investigation was perhaps even more formidable than that of the laundering operation. Despite the suspects’ years-long efforts to obscure the movement of the funds, government agents were able to gradually unravel the paths by which the majority of stolen BTC traveled, and ultimately seize it. This goes to show that the U.S. government’s capacity to follow the money on the blockchain is at least on par with the tactics that the people behind some of the major crypto heists are using to escape the law.Speaking of the investigation, Marina Khaustova, chief executive officer at Crystal Blockchain Analytics, noted that the Bitfinex case is an especially hard one to crack due to the sheer amount of stolen funds and the perpetrators’ extensive efforts to conceal their operations. She commented to Cointelegraph:“Any case of this size, which has been running for years, it will no doubt take a long time for financial investigators to examine and understand the data they have before using it as evidence.”The U.S. government agents were well-resourced and had access to state-of-the-art blockchain analytics software as they tackled the case. It is no secret that some of the leading players of the blockchain intelligence industry supply law enforcement in multiple countries, the United States included, with software solutions for digital asset tracing.One possible explanation of why Lichtenstein and Morgan ultimately got busted is the seeming nonchalance with which they abandoned caution and began spending the allegedly laundered funds in their own name. Were they simply not smart enough, or is it because law enforcement has gone unprecedentedly deep into the transaction chain, deeper than the suspects could reasonably expect?Khaustova thinks that there was “a bit of carelessness to the methods employed” as the suspects let investigators obtain one of the key documents – which allowed them to link email addresses to exchanges, KYC records and personal accounts – from cloud storage.Yet, it is also true that there is a point where any crypto launderer has to step out of the shadows and turn the stolen funds into goods and services they can use, at which point, they become vulnerable to deanonymization. The Bitfinex investigation showed that, if law enforcement is bent on tracing the suspects to that point of “cashing out,” there is little that criminals can do to avoid getting caught.A case to be madeThe big-picture takeaway here is that governments — the U.S. government in particular, but many others are not too far behind when it comes to bolstering their blockchain-tracing capacities — are already up to speed with the tactics and techniques that crypto launderers are using. The blockchain’s perfect traceability could have been a theoretical argument some years ago, but now it is an empirically proven reality, as evidenced by enforcement practice.There are two big reasons why this notion is good for the crypto industry. One is that there could be some degree of recourse for the victims of major crypto heists. Granted, not every instance of crypto theft will attract the scarce attention of federal investigators, but the most high-profile and egregious ones certainly will.Another powerful consequence of law enforcement’s newfound prowess with blockchain tracing is that it renders some regulators’ tired argument of “crypto as a perfect tool for money laundering” obsolete. As real-life cases demonstrate, digital assets are, in fact, opposite to that. Hammering this point into policymakers’ minds will eventually moot one of the fundamental anti-crypto narratives.

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Survey: US consumers’ dissatisfied with Web2, limited knowledge of Web3

Findings from an online survey of 1,500 United States-based consumers reveal people’s deep concerns over privacy and tech platforms’ outsize power while suggesting that Web3 is yet to become a household term.The study was fielded by global insights and strategy firm National Research Group (NRG) in January 2022. 54% of respondents said they were worried about their rights and freedoms are being threatened by technology, with 44% citing online privacy concerns, 38% being unhappy about online ads, and 35% reporting feeling a lack of control over their data. Almost half believe that tech companies have accrued too much power and have to be broken up.Still, only 13% reported knowing what Web3 means, while 54% haven’t heard the term at all. Of those who have, 83% reported believing that the new version of the internet will improve their lives. Speaking of the potential downsides of the new Web, 33% cited concerns of cybercrime and scams ramping up when the decentralized internet comes to fruition.Notably, U.S. consumers do not think that the burden of ensuring positive social impact of the future internet rests primarily with regulators: only 32% ascribe the leading role on this matter to politicians and regulatory agencies. More than half (51%) believe that it is mainly tech companies’ responsibility, and 50% said that is developers’ and engineers’ job. On the crypto adoption note, 57% of respondents reported having bought crypto or considered doing so. 39% percent believe that cryptocurrencies are most similar to stocks and shares rather than fiat currencies (18%) and commodities like gold (15%).Marlon Cumberbatch, senior vice president and global head of insights at NRG, commented to Cointelegraph:“To me, the most unexpected finding from this research was just how many consumers felt a strong sense of a lack of agency in online spaces. It’s rare, in this increasingly polarized world, to find anything that unites all of us. But it seems that Americans, regardless of income, politics or race, feel strongly that they don’t have enough control over how they engage with content online and how corporations use their personal data.”Cumberbatch added that the findings point to “a real desire among consumers for a new era of the internet,” the kind that would give them a greater sense of agency and control over their online experiences. The primary roadblock at this point seems to be the lack of information and the still-insufficient public understanding of Web3-related concepts.Respondents were selected to participate in the study based on quotas calibrated to U.S. census data for age (within the 18 to 64 range), gender, race, region, income and education level. While this method does not yield a sample representative of the general population in the strict sense, it does allow to draw robust generalizations about how opinions are distributed.

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Law Decoded: Bitcoin’s censorship resistance capacity enters the spotlight, Feb. 14–21

Amid the barrage of last week’s regulatory news, from rumors of Joe Biden’s upcoming executive order on digital assets to another round of the Russian government’s crypto tug of war, the storyline that was arguably the most consequential for the mainstream narrative on the social effects of crypto has been the one around the Canadian government’s standoff with the Freedom Convoy. The government’s invocation of emergency powers to put down a protest movement — combined with the movement’s financial infrastructure being one of the main attack vectors — has led many observers to appreciate with renewed vigor Bitcoin’s capacity to resist state financial censorship. If a government as “civilized” as Canada’s can arbitrarily cut off a group it doesn’t like from the financial system, then any state can potentially do the same to any group, the argument goes. While there is, as always, much more nuance to this situation. What matters is a simple, digestible notion with which the global audience walks away from the shocking news. So far, the main takeaway seems to be this: Financial censorship is scary, but crypto offers a way around it.Canada: Not so polite anymoreA series of protests and blockades against COVID-19 vaccine mandates in Canada has been ongoing since mid-January 2022. By mid-February, the impediment of transport infrastructure and general economic and social costs of the unrest have led the Trudeau government to consider extreme measures, such as the invocation of the never-before-used Emergencies Act to suppress the protests. The measures included broadening the scope of Terrorist Financing rules, specifically targeting payment service providers and crowdfunding platforms that the protestors used. By that time, the Freedom Convoy had amassed a sizeable bag of crypto donations, which the government proclaimed fair game as well.Jesse Powell, co-founder and CEO of crypto exchange Kraken, condemned the government’s actions but said that if told to freeze assets by police extrajudicially, the platform would “probably consent.” Powell also advised anyone concerned about government overreach to move their funds away from centralized custodians and trade peer-to-peer:100% yes it has/will happen and 100% yes, we will be forced to comply. If you’re worried about it, don’t keep your funds with any centralized/regulated custodian. We cannot protect you. Get your coins/cash out and only trade p2p.— Jesse Powell (@jespow) February 18, 2022Many of those who condemned the government’s actions as overreach admitted that they were not particularly sympathetic to the protestors’ core message — which is unsurprising given the general unpopularity of anti-vax views among Twitter intellectuals. The general sentiment of the crypto folk, however, was largely in line with the maxim “I disapprove of what you say, but I will defend to the death your right to say it.”BlockFi: $100 million for a chance to complyAmong the two dominant approaches to financial regulation, thorough rulemaking is costlier than regulation by enforcement. Laying down a comprehensive set of rules takes foresight and a ton of research. The alternative is sketching general boundaries of what is allowed and what isn’t, letting industry participants figure out more specific rules by trial and error. The crypto lending industry has just completed its most expensive trial to date, as BlockFi, one of the leading names in the sector, agreed to pay $100 million to settle charges brought by the Securities and Exchange Commission and 32 state attorneys general.Previously operating in a gray regulatory zone, the firm has paid a hefty sum to be told what exactly was wrong with its bestselling product, the high-yield BlockFi Interest Account. Having received a few pointers, it will have 60 days to bring the offering in line with the Investment Company Act. BlockFi has already announced plans to roll out its new SEC-compliant lending product, BlockFi Yield. In the next few months, we will find out whether the reward that the company will end up reaping was worth the heavy penalty.Bills keep comingLast week in the U.S., federal and state lawmakers alike were hard at work drafting crypto-related bills. Congressperson Warren Davidson introduced the bill titled “Keep Your Coins” to the House. Coming days after the invocation of the Emergencies Act in Canada, the bill proposes to bar U.S. federal agencies from restricting individuals’ crypto transactions and purchase of goods and services for their own use. Representative Josh Gottheimer proposed a nuanced framework for regulating stablecoins, the Stablecoin Innovation and Protection Act. Under the proposed legislation, so-called qualified stablecoins, backed by the Federal Deposit Insurance Corporation in a way similar to fiat deposits, would be exempt from both securities and commodities regulation. Meanwhile, a group of Wyoming lawmakers proposed authorizing the state to issue its own U.S. dollar-pegged stablecoin. At the same time, the Georgia House of Representatives will consider a bill that would exempt crypto miners in the state from sales tax.

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