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Navigating the SEC Enforcement Actions: Binance, Coinbase, and the Need for Updated Crypto Regulations

admin — Mon, 12 Jun 2023 17:03:39 +0000

The recent SEC enforcement announcements against Binance and Coinbase have sent shockwaves through the crypto ecosystem. However, it is important to separate these actions from the overall future of crypto and web3. The community and grassroots movement driving the ecosystem are resilient and can overcome regulatory restrictions.

The charges against Binance and its CEO Zhao, involve allegations of exercising control over customer assets, commingling funds, and engaging in manipulative trading. The extensive 13 charges focuses on misleading customers and commingling customer assets. According to the SEC Press Release the following identify violations of critical registration-related provisions:

Binance and BAM Trading with operating unregistered national securities exchanges, broker-dealers, and clearing agencies;
Binance and BAM Trading with the unregistered offer and sale of Binance’s own crypto assets, including a so-called exchange token, BNB, a so-called stablecoin, Binance USD (BUSD), certain crypto-lending products, and a staking-as-a-service program; and
Zhao as a control person for Binance’s and BAM Trading’s operation of unregistered national securities exchanges, broker-dealers, and clearing agencies.

On the other hand, Coinbase’s charge revolves around the distinction between registered and unregistered securities. The lack of a clear definition for crypto adds to the complexity, with some considering it a commodity and others deeming it a security.

Coinbase is accused of operating as an unregistered broker, exchange, and clearing agency. Furthermore, its Staking Program, which allows investors to earn returns through Coinbase’s efforts, is also under scrutiny. By engaging in these activities without proper registration, the SEC is accusing Coinbase of evading disclosure requirements designed to protect investors and the securities markets.

What is particularly surprising about Coinbase’s case is its history of maintaining a positive relationship with the SEC and its efforts to comply with regulations.

This enforcement action raises questions about the SEC’s ability to provide clear and consistent guidelines, leading to confusion within the industry. The actions against Coinbase demonstrate the SEC’s failure to provide adequate clarity.

To address these challenges, it is essential for Congress to step in and establish comprehensive regulations that encompass the unique aspects of cryptocurrencies. This includes developing clear definitions, determining appropriate registration requirements, and outlining guidelines for compliance. The evolving digital asset landscape calls for a proactive approach to regulation that fosters innovation while protecting investors.

As the crypto industry continues to grow, the development of clear and comprehensive regulations becomes increasingly imperative. By working together, regulators and industry participants can shape a regulatory framework that ensures investor confidence, encourages innovation, and supports the continued growth of the crypto ecosystem.

Read the full SEC filing here: https://www.sec.gov/files/litigation/complaints/2023/comp-pr2023-101.pdf

https://www.sec.gov/litigation/complaints/2023/comp-pr2023-102.pdf

To learn about staking check out our previous blog posts.

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Is Staking A Security?

admin — Mon, 29 May 2023 12:00:07 +0000

In our previous post on staking, we went over what staking means in crypto. Now it’s time to go a step deeper and find out if staking is a security.

Staking and security, in the context of blockchain and cryptocurrencies, have different meanings.

Staking: In the world of cryptocurrencies, staking refers to the act of participating in the proof-of-stake (PoS) consensus mechanism. Stakers provide security by holding a certain amount of cryptocurrency and participating in the consensus process to validate transactions and secure the network (further breakdown coming soon). The staked cryptocurrency serves as collateral and incentivizes stakers to act honestly and validate transactions correctly. By staking their tokens, individuals help secure the network, validate transactions, and maintain the blockchain. In return for their participation, stakers are typically rewarded with additional tokens as an incentive. Staking is often seen as an alternative to the energy-intensive mining process used in proof-of-work (PoW) blockchains.

Security (Financial Instrument): When referring to securities in the traditional financial sense, it typically relates to investments in various financial instruments such as stocks, bonds, or derivatives. Securities represent ownership or debt in an underlying asset and are regulated by financial authorities. These securities can be bought, sold, and traded on financial markets, and their value may fluctuate based on market conditions and other factors.

Staking and securities, although different concepts, can intersect in certain cases within the blockchain and cryptocurrency space. Some projects have introduced staking mechanisms that resemble traditional securities, creating a bridge between the two domains. These projects often offer staking options that provide holders with additional benefits or rights similar to traditional securities.

For example, certain blockchain projects may issue tokens that represent ownership in a specific asset, project, or organization. These tokens may offer holders certain rights, such as voting power, profit-sharing, or dividends. In such cases, staking these tokens could grant holders enhanced privileges or additional rewards, similar to the benefits associated with traditional securities.

While staking involves participating in the consensus mechanism of a blockchain network, it is not directly related to the concept of securities as understood in traditional finance. Staking primarily relates to earning rewards by holding and supporting a particular cryptocurrency network, whereas securities involve ownership or debt instruments tied to traditional financial assets. It’s important to distinguish between the two when discussing blockchain and financial terminology.

Network Security

Similarly, in the context of blockchain and staking, the staked cryptocurrency serves as collateral that provides security for the network. By staking their assets, users demonstrate their commitment to the network’s security and help prevent malicious actors from compromising the network.In traditional finance security also refers to measures taken to protect assets or information from unauthorized access, theft, or damage.

One prominent example is the Ethereum 2.0 upgrade started with what was known as The Merge. Ethereum, one of the largest blockchain platforms, transitioned from a proof-of-work (PoW) to a PoS consensus mechanism. In Ethereum 2.0, participants can stake their Ether (ETH) tokens by locking them into the network as collateral. These stakers, known as validators, are responsible for proposing and validating new blocks, maintaining the network’s security, and ensuring consensus among participants.

Validators are chosen to create new blocks based on the number of tokens they have staked. The more tokens staked, the higher the probability of being selected to validate transactions and contribute to the network’s consensus. Validators are financially incentivized to act honestly and follow the network’s rules. If they behave maliciously or attempt to compromise the network, they risk losing their staked tokens as penalties.

By staking their tokens, participants actively participate in the network’s governance and security. This incentivizes them to act in the network’s best interest, as their staked tokens serve as collateral and are at risk if they act maliciously.

In this sense, staking can be compared to security as both aim to provide a secure environment for the network and its users. However, it is important to note that staking is a specific mechanism used in proof-of-stake blockchain networks, while security refers to a broader concept that can encompass various measures and mechanisms used to protect assets and information.

Rules and Regulations

Some jurisdictions may classify certain types of tokens or staking activities as securities under existing financial regulations. This is particularly relevant when tokens are deemed to possess characteristics resembling traditional investment contracts, such as the expectation of profits from the efforts of others.

It is important to note that the classification of tokens or staking activities as securities is subject to legal interpretations and varies across jurisdictions. Regulatory authorities play a critical role in determining whether specific tokens or staking activities fall under existing securities regulations and require compliance with relevant laws.

As the blockchain and cryptocurrency space continues to evolve, regulatory frameworks are being developed to address the intersection of staking and securities. It is crucial for participants, investors, and projects to stay informed about the legal implications and regulatory requirements within their respective jurisdictions.

In summary, while staking and securities represent distinct concepts, there are instances where they can intersect within the blockchain and cryptocurrency landscape. Some projects offer staking mechanisms that resemble traditional securities, granting holders additional benefits or rights. However, the classification of tokens or staking activities as securities depends on legal interpretations and varies across jurisdictions. Compliance with relevant regulations is essential for participants and projects operating in this space.

There is more to learn… Stay tune for part 3!

Nothing in this article constitutes professional and/or financial advice

To learn more register for our courses at the BWBC Academy, or become a BWBC Member. You can even earn a certification and learn to build your own smart contract. The skies the limit with blockchain. Join a growing community of innovators and thought leaders who are shaping the future of technology and the world we live in. So why wait? Sign up today and start your blockchain education journey with us.

For more information on what becoming a BWBC member means check out https://bwbc.io/community/

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Binance Paused Bitcoin Withdrawals as Blockchain Overwhelmed with Transactions

admin — Fri, 19 May 2023 03:13:59 +0000

You may have skipped over this as it did not make as much noise as it should. Given that the Bitcoin conference is going on, it’s time to bring it back to the surface.

Binance, the world’s largest crypto exchange, temporarily halted bitcoin (BTC) withdrawals early in May as the Bitcoin blockchain became overwhelmed with pending transactions and sky-high fees. .

The average transaction fee has also doubled since March, reaching a two-year high. Around that time the transaction fee is just over $8, representing a 309% change from a year ago. While the recent increase in transaction fees is an anomaly, according to some, the biggest difference between this spike and previous ones with inscriptions is the adoption of the BRC-20 standard, which is driving up fees. Currently, Bitcoin ordinal inscription tokens, known by their BRC-20 standard designator, have a market cap of $482 million across 14,000 tokens.

The current state of the Bitcoin blockchain is a reminder of the limitations of its current design and its need for scalability. While the technology has come a long way since its inception in 2009, the blockchain’s limited capacity and high transaction fees hinder its ability to meet the demands of a growing user base.

In response to these limitations, many in the industry are exploring alternative solutions to address the issue of scalability. One such solution is the implementation of the Lightning Network, which is a layer-two payment protocol that enables faster and cheaper transactions. The Lightning Network works by establishing payment channels between users, where transactions can be processed off-chain and settled on the blockchain only when necessary.

Another solution is the implementation of a larger block size, which would increase the capacity of the blockchain to process more transactions. However, increasing the block size has been a contentious issue within the Bitcoin community, as it requires a hard fork of the network, which could potentially lead to the creation of a new cryptocurrency.

Despite the current limitations of the Bitcoin blockchain, the cryptocurrency remains the most widely adopted and recognized cryptocurrency globally. It has proven to be a reliable store of value and has demonstrated its ability to withstand market fluctuations and global events.

As the demand for Bitcoin and other cryptocurrencies continues to grow, it is essential for the industry to find solutions to address the issue of scalability and transaction fees. While the current state of the Bitcoin blockchain may be an inconvenience for users in the short term, it serves as a reminder of the need for continued innovation and development within the industry.

As the industry continues to grow and demand for cryptocurrencies increases, it is essential to find innovative solutions that can address these limitations to ensure that the technology can meet the needs of its users. While there are various solutions being explored, the implementation of the Lightning Network and increasing the block size remain contentious issues within the community. Regardless of the solutions implemented, it is clear that continued development and innovation are necessary to ensure the longevity and success of cryptocurrencies.

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To Stake or Not to Stake?

admin — Mon, 08 May 2023 13:18:06 +0000

By now you’ve heard of Proof of Stake. But not sure what it means. Staking is a mechanism used in blockchain to secure a blockchain network and validate transactions. It involves holding a certain amount of cryptocurrency in a wallet and participating in the network’s consensus process to validate transactions and earn rewards.

Staking is used in various blockchain networks that use proof-of-stake (PoS) consensus algorithm, which is an alternative to the proof-of-work (PoW) algorithm used by networks like Bitcoin. In PoS, instead of solving complex mathematical puzzles to validate transactions, as in PoW, validators are selected to validate transactions based on the amount of cryptocurrency they hold and are willing to “stake” or lock up as collateral.

When a user stakes their cryptocurrency, they become a “validator” and help validate transactions on the network. In return for their contribution to the network’s security, validators receive a portion of the block rewards for each block they validate. The size of the rewards depends on the network’s inflation rate, the number of validators, and the amount of cryptocurrency staked by each validator.

Staking can be seen as a way of participating in the blockchain network and earning passive income, as users can earn rewards for simply holding and staking their cryptocurrency, without the need for intensive computational power as in PoW.

There is more to learn about Staking… Check out part 2!

Nothing in this article constitutes professional and/or financial advice.

For more information on what becoming a BWBC member means check out https://bwbc.io/community/

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Mastercard Crypto Credential: Establishing Trust in the Blockchain Ecosystem

admin — Mon, 01 May 2023 04:35:48 +0000

Blockchain technology has seen significant innovations in recent years, contributing to a more scalable and resilient system. However, a lack of proper protections has created vulnerabilities in security and compliance, eroding trust in consumers, businesses, and governments. In response, regulators have worked to establish meaningful regulations for the industry, while central banks and regulated financial institutions have developed a variety of solutions on public chains.

To fully implement these rules and build scalable use cases, we need a way for trusted, compliant, and verifiable interactions to take place on public blockchain networks. Mastercard has taken steps to address this issue with its Crypto Credential, which will establish a set of common standards and infrastructure to attest trusted interactions among consumers and businesses using blockchain networks.

What is Mastercard Crypto Credential?

Mastercard Crypto Credential is a set of common standards and infrastructure that attests trusted interactions among consumers and businesses using blockchain networks. The goal is to help ensure that those interested in interacting across Web3 environments are meeting defined standards for the types of activities they’d like to pursue.

Mastercard Crypto Credential provides a way to define verification standards and levels and provide the necessary enabling technology to help bring more use cases to life. This includes providing easy-to-remember, straightforward aliases to help consumers share wallet addresses with one another, bringing richer information to blockchain transactions through metadata, and tapping into CipherTrace’s suite of services to help verify addresses and support Travel Rule compliance for cross-border transactions.

Mastercard’s Web3 Products

Mastercard Crypto Credential can unlock several use cases for consumer and business verification. Other Mastercard Web3 products offer consumers the ability to use crypto from their Web3 wallet to pay for everyday goods and services.

Mastercard has been actively ramping up their involvement in the web3/blockchain space and have been partnering with Bit2Me, Lirium, Mercado Bitcoin, and Uphold. Mastercard is also teaming up with public blockchain networks like Aptos Labs, Ava Labs, Polygon Labs, and Solana Foundation.

To learn more about blockchain register for our courses at the BWBC Academy, or become a BWBC Member. Learn the history of blockchain, smart contracts and more at your leisure. You can even earn a certification and learn to build your own smart contract. The skies the limit with blockchain. Join a growing community of innovators and thought leaders who are shaping the future of technology and the world we live in. So why wait? Sign up today and start your blockchain education journey with us.

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What Is DeFi?

admin — Sun, 30 Apr 2023 07:12:44 +0000

Decentralized finance (DeFi) refers to a new financial ecosystem that operates on blockchain technology and is built on the principles of transparency, immutability, and trustlessness. DeFi is designed to provide financial services that are more accessible, transparent, and secure compared to traditional financial systems.

The main aim of DeFi is to create a more inclusive financial system that operates on open-source, decentralized platforms, and protocols, and is not controlled by any central authority. DeFi applications are typically built on Ethereum, and use smart contracts to automate financial transactions, eliminate intermediaries, and reduce the cost of financial services.

Some of the key components of DeFi include:

Decentralized exchanges (DEXs): These are peer-to-peer trading platforms that allow users to trade cryptocurrencies and other digital assets without the need for a central authority.
Stablecoins: Stablecoins are cryptocurrencies that are pegged to a stable asset, such as the US dollar, to provide a stable store of value.
Lending and borrowing platforms: These platforms allow users to lend and borrow cryptocurrencies, often using smart contracts to automate the process.
Yield farming: This is a process of earning returns on crypto assets by providing liquidity to decentralized finance protocols.
Non-fungible tokens (NFTs): NFTs are unique digital assets that can be bought, sold, and traded on blockchain platforms.

In conclusion, DeFi represents a new era of finance that is more open, transparent, and accessible to a wider range of users, and has the potential to disrupt traditional financial systems and create a more equitable financial system for everyone.

To learn more about DeFi and blockchain register for our courses at the BWBC Academy, or become a BWBC Member. You can even earn a certification and learn to build your own smart contract. The skies the limit with blockchain. Join a growing community of innovators and thought leaders who are shaping the future of technology and the world we live in. So why wait? Sign up today and start your blockchain education journey with us.

For more information on what becoming a BWBC member means check out https://bwbc.io/community/

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Coinbase vs SEC: The Battle for Crypto Regulation

admin — Sun, 30 Apr 2023 06:35:10 +0000

Coinbase, the largest cryptocurrency exchange in the United States, has once again found itself in the crosshairs of the Securities and Exchange Commission (SEC), the top financial regulator in the country. The company received a Wells Notice from the SEC, which is a formal notice alerting a recipient of possible enforcement action. This comes after an SEC investigation that Coinbase describes as “cursory” and has left the company confident in the legality of its assets and services. However, the SEC has said it has identified potential violations without being specific about them, which has led to concerns in the crypto industry.

Coinbase is not the first company to receive a Wells Notice from the SEC, and it appears that the regulator is ramping up its efforts to enforce regulations on the cryptocurrency industry. SEC Chair Gary Gensler has stated that most everything in crypto is a security, and the charges the SEC has levied against companies in the industry in the past year suggest that the regulator is preparing for more. Kraken settled with the SEC over staking earlier this year and shuttered that product in the US, and the SEC has charged and/or settled with companies and individuals including BKCoin, FTX’s Nishad Singh, NBA Hall of Famer Paul Pierce, Terra’s Do Kwon, Nexo, Genesis, and Gemini, all in just the last three months.

This is not the first time that Coinbase has had a brush with the SEC, nor its first Wells Notice. The SEC threatened to sue the exchange in 2021 over its yet-to-be-launched Lend product, prompting Coinbase to drop it altogether. Additionally, there is the pending issue of the nine tokens that the SEC deemed were securities, some of which Coinbase still lists.

Coinbase released a detailed response to the SEC’s March Wells Notice, indicating that the company is ready to fight back. The response was written by multiple attorneys at Sullivan & Cromwell and directly challenged the SEC’s legal theories. Coinbase is not backing down on its staking service, which the SEC views as an investment contract and classifies as a security. Coinbase argues that staking is not an investment contract and that the SEC’s legal theories are unsupported by law and untested in court.

Staking allows users to lock up crypto assets to contribute to the mechanism that secures most big blockchains these days. Locking up assets helps because if a validator misbehaves, the assets it posted as guarantees of good behavior can be slashed or taken. More assets mean it’s less likely to misbehave. The SEC’s classification of staking as a security could have far-reaching implications for the crypto industry, as staking is a crucial component of many blockchain networks.

Coinbase has also taken issue with critiques of its Coinbase Wallet, asserting that it is simply a user interface it has made for people to access public chains. The company has also gone into detail about how it lists assets to show that it has never listed something that should be considered a security, among other matters.

The bottom line is that the SEC’s case against Coinbase will likely be a closely watched legal battle in the crypto industry. Coinbase’s attorneys are confident that the case will fail as a matter of fact and law, but the outcome of the case could have significant implications for the crypto industry as a whole. The industry has been waiting for clear regulations from the SEC, and the Coinbase case could provide some clarity on how the regulator views crypto assets and services.

For more information on what becoming a BWBC member means check out https://bwbc.io/community/

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Cryptocurrency: Security or Commodity?

admin — Mon, 24 Apr 2023 10:06:43 +0000

The question of whether cryptocurrency should be classified as a security or commodity has been a contentious issue in the cryptocurrency space. This question has been debated for years, and it has become increasingly important as regulatory agencies try to define the legal status of cryptocurrencies.

In this article, we will explore the arguments for and against cryptocurrencies being classified as securities or commodities, using information from a recent Cointelegraph article titled “US House Committee Chair Repeatedly Presses SEC Chair: Is Ether a Commodity or a Security?” We will also examine the role of regulatory agencies, such as the SEC, in setting the rules for cryptocurrencies.

What is a Security?

A security is a financial instrument that represents ownership in a company or organization. Securities can take many forms, such as stocks, bonds, and mutual funds. Securities are subject to regulations and laws designed to protect investors from fraud and manipulation.

What is a Commodity?

A commodity is a raw material or primary agricultural product that can be bought and sold, such as oil, gold, or wheat. Commodities are traded on exchanges and are subject to regulations that ensure fair trading practices.

Arguments for Cryptocurrencies as Securities

One argument for classifying cryptocurrencies as securities is that they are often sold through initial coin offerings (ICOs) as a means of raising funds. In an ICO, a company issues a cryptocurrency to investors in exchange for funding. These cryptocurrencies can be seen as securities because they are essentially digital representations of shares in a company.

Another argument for classifying cryptocurrencies as securities is that they often provide investors with a right to share in the profits of the company that issued them. For example, some cryptocurrencies pay dividends to investors based on the profits of the issuing company.

Arguments for Cryptocurrencies as Commodities

One argument for classifying cryptocurrencies as commodities is that they are often used as a means of exchange, much like traditional currencies. Bitcoin, the most well-known cryptocurrency, is often used to purchase goods and services online. This use as a means of exchange is similar to the use of traditional currencies, such as the U.S. dollar or the euro.

Another argument for classifying cryptocurrencies as commodities is that they are not issued by a single entity or organization. Instead, cryptocurrencies are created through a process known as mining, which involves using computational power to solve complex mathematical problems. Because no single entity controls the creation of cryptocurrencies, they can be seen as commodities, similar to gold or oil.

The Role of Regulatory Agencies

The debate over whether cryptocurrencies should be classified as securities or commodities has significant regulatory implications. Regulatory agencies, such as the SEC, have the authority to determine the legal status of cryptocurrencies and to set rules for their trading and use.

However, it is important to note that regulatory agencies do not have the authority to set the rules for cryptocurrencies themselves. Instead, they can only enforce existing laws and regulations. The rules for cryptocurrencies are set by the developers and users of the technology, as well as by the market forces that govern their use and value.

Conclusion

The debate over whether cryptocurrencies should be classified as securities or commodities is an ongoing one, with arguments on both sides. The legal status of cryptocurrencies will likely continue to evolve as regulators grapple with the unique features of this new technology.

Ultimately, the success of cryptocurrencies will depend on their ability to provide value to users and investors, and to navigate the complex legal and regulatory landscape that surrounds them. Whether cryptocurrencies are ultimately classified as securities or commodities, it is clear that they represent a new and disruptive force in the world of finance and commerce.

For more information on what becoming a BWBC member means check out https://bwbc.io/community/

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The Rise of Digital Currencies: IMF’s CBDC Handbook

admin — Mon, 17 Apr 2023 16:11:26 +0000

The International Monetary Fund (IMF) has announced that it will publish a CBDC (Central Bank Digital Currency) handbook in response to the increasing demand for guidance in this area. Let’s explore the rise of CBDCs and what they mean for the global economy.

First, let’s define what we mean by CBDCs. A CBDC is a digital version of a traditional fiat currency that is issued and backed by a central bank. CBDCs can be used in a wide range of digital transactions, from online purchases and money transfers to more complex financial transactions like derivatives trading.

What are CBDCs?

The rise of CBDCs is a response to the growing demand for faster, cheaper, and more efficient forms of digital payments. With the rise of e-commerce and other digital transactions, there is an increasing need for secure and reliable forms of digital currency that can be used anywhere in the world.

The benefits of CBDCs are many. They offer faster and more efficient transactions than traditional fiat currencies, which can take days to clear. They also offer greater security and privacy than traditional fiat currencies, as every transaction is recorded on a secure and transparent digital ledger.

However, there are also some challenges to the adoption of CBDCs. One of the main challenges is ensuring that they are secure and reliable. Central banks will need to develop robust security systems to prevent fraud and hacking, as well as ensuring that the systems are scalable to handle large volumes of transactions.

Another challenge is ensuring that CBDCs are accessible to everyone, regardless of their socio-economic status or geographic location. CBDCs will need to be designed to work seamlessly with existing financial systems and infrastructure, while also ensuring that they are inclusive and accessible to all.

IMF’s Handbook

The IMF’s new CBDC handbook is designed to help central banks and policymakers navigate these challenges and develop effective strategies for the adoption of CBDCs. The handbook will provide guidance on a range of issues, from the technical design of CBDCs to the legal and regulatory frameworks needed to support their adoption.

The IMF has noted that CBDCs have the potential to transform the global financial system, and that their adoption will be a key factor in shaping the future of finance. The handbook is designed to help central banks and policymakers stay ahead of the curve in this rapidly evolving landscape.

Overall, the rise of CBDCs is a major development in the world of finance, with far-reaching implications for the global economy. CBDCs offer faster, more efficient, and more secure forms of digital currency that can be used anywhere in the world, and their adoption is set to accelerate in the years to come.

If you’re interested in learning more about CBDCs and the future of finance, the we offer a range of blockchain education programs that are designed to meet the needs of students, professionals, and entrepreneurs at all levels. Our program cover a wide range of blockchain topics, from the basics of blockchain technology to advanced development and programming. Our courses are designed to be accessible to everyone, regardless of their prior experience or expertise, and our affordable pricing ensures that cost is not a barrier to learning.

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FIDUCIARY DUTY TO THE COMMUNITY-Part 2: Regulatory Consideration

Deborah — Thu, 08 Sep 2022 04:55:04 +0000

“If there is any gap in the law regarding public blockchain applications, it exists only because no plaintiff has brought the matter before the courts.”

Regulation and Governance

Actors within the blockchain ecosystem are dealing with technology with no finite regulation, but the roles they play arguably fits within some existing laws. As blockchain technology becomes increasingly adopted, it is inevitable that the courts will be called upon to determine how existing laws, and in particular the law of fiduciary duties apply.

Currently regulatory officials are examining liability frameworks for blockchain technologies.

Due to the various attacks and exploitation of codes resulting in the theft of tokens over the years, some scholars have argued blockchain platforms should have fiduciary duties.

Some, however, argued that for technologies that emerge outside of institutions, one must be prepared to examine distinctions and put various factors into perspective before creating a duty as high as fiduciary.

Others are of the view that there are existing legal frameworks that are much better suited for dealing with risks in blockchain networks.

If there is any gap in the law regarding public blockchain applications, it exists only because no plaintiff has brought the matter before the courts. Or at the very least, because legislators have not yet legislated for it. The emergence of Dr. Wright’s hack and subsequent legal action against specific blockchain developers has brought some change and hope in the community.

There are good policy reasons to apply traditional understandings of duties to blockchain governance, as evidenced by the countless other people who have found themselves in Wright’s shoes; victims of theft, left with no obvious recourse despite the stolen property remaining in full view and the case of a security breach like the Open Sea Email data breach.

The good governance of these blockchains is in the public’s interest: should they fail, the people relying on them could lose their data, money, and even their businesses.

The creation, development, and maintenance of blockchains may be seen as novel circumstances, but it is critical that appropriate non-intrusive and favorable laws are enacted.

Recommendation

Technology is in its nascent stage and there is a need to study it, be proactive and come up with robust regulatory frameworks that will not inhibit innovation but, at the same time, bring about accountability and secure the assets of its users and the community as a whole.
There is a need to impose regulation on platform operators and protocol developers. This will instill in them a serious culture of taking their work seriously, as the platforms/projects they build and operate are now and in the future important parts of life.
Strict application of the existing regulations might not take into consideration the differences in the blockchain technologies, and as a result, the full potential might not be harnessed. The special nature of blockchain must be taken into consideration in applying existing laws.
All the stakeholders in the ecosystem must work together for a better understanding and, as such, regulators will be able to come up with robust policies that will take into consideration the interests of all stakeholders.

Conclusion

It is critical that regulators apply a legal framework that reflects the way an economy works and the economic incentives and structural roles of the stakeholders involved.

The existing laws will apply to impose a fiduciary obligation, which recourse will be given to each particular case at hand and in time. This will help secure the interests of the community as the platforms and projects act more on the side of caution.

To learn about blockchain join our community at www.bwbc.io/community and gain access to all blockchain related resources.

Author: Deborah

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