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Japan Regulator Urges Improved Security for Offline Crypto Custody

Japan Regulator Urges Improved Security for Offline Crypto Custody (1)

Cryptocurrency exchanges in Japan will be required to fortify their cold wallet storages, according to a Reuters report.

Citing a source with direct knowledge of the matter told, the report states that Japan’s financial regulator, the Financial Services Agency (FSA), is uneased by the current security levels of some exchanges as it perceives risks of internal thefts that threaten cold wallets.

To this end, the undisclosed source told the outlet that a preferred measure would be to have more than one person be in charge of the cold wallet and be placed on rotational shifts.

As Japan embraces the fintech industry to further economic growth, the watchdog will, therefore, urge cryptocurrency exchanges with security lapses to ensure they adopt the best offline security practices, given that the previous year had seen as much as USD 530 million stolen from a single exchange in Tokyo alone.

In the fall of 2017, Japan began issuing a license to cryptocurrency exchanges under its new regulation, with the second exchange announced in March to debut its services in April. With its steady oversight over the industry, Japan continues to drive interest that balances innovation and investor protection.

Cryptocurrency custody remains a crucial subject in the industry; notably one of the major concerns shared by many regulators as well as investors, which in effect has created a competitive market for custody-related solution platforms. As for crypto exchanges, the situation is direr.

Case in point, Bakkt recently experienced hiccups with its launch as the US Commodity Futures Trading Commission (CFTC) stated that Bakkt’s custody protocol would need to take further steps in protecting the cryptocurrency in order to be compliant the commission’s rules.

On the subject of cold wallets, it appears security breach may not be the only threat to funds stored offline. A recent case of trapped customer funds worth over USD 190 million in a cold wallet of major Canadian cryptocurrency exchange QuadrigaCX after the death of the CEO Gerald Cotton – who was solely in charge of the cold wallet – leaves a bitter experience.

 

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Cambridge: Lack of Crypto Terminology Standard Impedes Global Regulatory Response

Cambridge: Lack of Crypto Terminology Standard Impedes Global Regulatory Response

A study by the Cambridge Centre for Alternative Finance (CCAF) to assess the global cryptocurrency regulatory landscape identified a lack of crypto terminology standards as a major factor in regulation delays for most jurisdictions.

The report was compiled by CCAF with the support of Nomura Research Institute (NRI) and is recognized as the first global comparative study of crypto asset regulations across 23 jurisdictions that could become an “important practical and analytic tool for regulators, market participants and other stakeholders in this emerging sector”, according to Cryptocurrency and Blockchain Lead at CCAF, Michel Rauchs.

Since the cryptocurrency movement started in 2009, alongside several industry anomalies, many financial regulators have been watching the space in order to provide an ambient regulatory framework that promotes technological innovation while keeping the integrity of established laws. However, according to the report, one of the major impediments to drawing up a robust regulation is “the lack of standard terminology for crypto assets across regulators and jurisdictions”, which consequently slows down a coordinated global regulatory response.

As part of the main contentions, the term “cryptoasset” has no clear definition, since all assets developed on the blockchain or distributed ledger technology all assume the name before classification, as the report summarily finds:

“There is no standard usage of terminology across regulators and a variety of terms have been used to refer to cryptoassets in official statements. Notably, the term virtual currency has been used most frequently in official documents, although it has often been used interchangeably with cryptocurrency and digital currency.”

Moreover, the focus on classification of the emerging assets into functions such as securities and utilities while all lumped up as cryptoassets, as well as regulatory oversight with respect to initial coin offerings (ICOs), and the monitoring of exchange activities have left regulators blindsided to other crypto-related activities such as airdrop, fork, and mining – other terminologies which have not been clearly defined in relation to asset functions and creation. However, the report argues:

“A legal and regulatory classification of a cryptoasset should be based on an in-depth assessment of several factors (e.g. rights attached, access, economic function of the token), generally conducted on a case-by-case basis.”

The report further indicated that the most sophisticated regulatory frameworks are found in countries with a less rigid attitude towards financial regulation and a low level of domestic crypto asset activity, while in contrast, those with high levels of crypto-related activities have had to retrofit existing laws with concurrent changes in the fintech space.

Divergent views on cryptocurrency regulations have had a huge impact on the adoption potential of cryptocurrency as a new instrument of finance – both as store and exchange of value. For some jurisdictions, an outright ban on crypto-related activities seems most effective to minimize any impact a decentralized currency may have on their economy, while others have adopted a rather stringent approach – which has been perceived by crypto apologetics as stifling to innovation.

On the bright side, jurisdictions far along in the regulatory landscaping like the French have offered their experience as the right model for other European countries to adopt. Meanwhile, in the US, the Securities and Exchange Commission (SEC) in collaboration with the Financial Industry Regulatory Authority (FINRA) plans to discuss the current market and regulatory risks in the upcoming National Compliance Outreach Program for Broker-Dealers.

 

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France Will Push EU to Adopt New Crypto Regulatory Framework

France Will Push EU to Adopt New Crypto Regulatory Framework

France is keen for her European Union neighbors to adopt a similar framework for cryptocurrency to its own newly- formed financial sector legislation.

Its new laws have been structured to keep the Finance Ministry, exchanges, and traders satisfied that there is a little bit of harmony for all, and a relief for many traders who have been expecting a tightening of cryptocurrency guidelines this year.

French Finance Minister Bruno Le Maire clearly wants to share the joy with the rest of Europe, although at this stage it seems unlikely that the UK would come on board with Brexit and European elections looming. France has jumped to head of the Euro queue in adopting a national regulatory framework and sees this as a solution for the other 26, or possibly 27. Le Maire commented:

“I will propose to my European partners that we set up a single regulatory framework on crypto-assets inspired by the French experience.”

Le Maire is clearly confident, adding that “our model is the right one”, although it remains to be seen how this suggestion will be greeted by other EU members.

The French government’s new cryptocurrency bill will now give the opportunity for startups and platforms that want to issue new cryptocurrencies or trade existing ones to apply for a certification giving companies official state recognition. This means that the rest of Europe will now be playing catchup. The certification will be granted by French market regulator and issuers, traders, custodians, and investors will have to pay taxes on their profits.

Transparency is seen as key by the French Finance Ministry and those applying for certification under the new rules will need to be thorough in furnishing business plans, AML, KYC, and be clear about exactly who is conducting and overseeing the business. Those not choosing to seek registration could be left in a vulnerable position.

 

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Lithuania to Announce Tough New Crypto Laws

Lithuania To Announce Tough New Crypto Laws

Lithuania is reported to be working on cryptocurrency regulations which surpass Europe’s Anti-Money Laundering Directives for their prohibitive impact.

The new changes are likely to put pressure on the cryptocurrency space as the government in Vilnius attempts to tighten its control.

Lithuania’s central bank has also been canvassing commercial banks and exchanges to get a clear picture of cryptocurrency and the role it may have in the future of the country’s financial sector, which is seen as encouraging for entrepreneurship in the space. However, the Bank of Lithuania recently declared that financial market participants should not get involved in crypto-related activities and should refrain from providing any crypto related services.

The country has recently become a growing center for ICOs and crypto projects. Latest figures show that Lithuania is now attracting an impressive 10% of all global ICO investments, with cryptocurrency bringing in half a billion euros from such activities. This in part to the government’s liberal stance on regulation, which is clearly about to change.

The new rules will require a far more rigorous registration process requiring that companies applying to operate in Lithuania adheres to comprehensive know your customer (KYC) and anti-money laundering procedures. Also, large transfer will now need to be reported to the country’s Financial Crime Investigation Service (FCIS).

The rules will cover both crypto-to-crypto transactions as well as fiat-based business, and all companies acting as intermediaries in any such deals will need to check client identity under Lithuania’s laws on the Prevention of Money Laundering and Terrorist Financing. Sigitas Mitkus, Director of Lithuania’s Finance Ministry’s Financial Market Policy Department explained:

“We want to create a transparent legal environment for virtual currency exchanges, depository wallet operators and ICO initiators. We also want to contribute to ensuring better consumer protection.”

 

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Could IMF’s “Learning Coin” Mean a Shift from Fear and Loathing to Acceptance?

Could IMF’s “Learning Coin” Mean A Shift From Fear and Loathing to Acceptance

The International Monetary Fund (IMF) and the World Bank’s recent announcement suggest that they are not quite going crypto, but are nonetheless launching a private blockchain complete with a coin. And this could have major implications for world finance.

Although the “Learning Coin” may be a new concept that the two financial giants have carefully designed to carry no monetary value, but with plenty of stored intellectual content, this could be seen as an indication that change is in the air when it comes to the financial establishment’s tolerance-come-actual-interest in cryptocurrency as 2020 approaches.

When these two agencies make a murmur, the financial establishment pricks up their ears. The intention seems clear when the IMF states that “the development of crypto-assets and distributed ledger technology is evolving rapidly, as is the amount of information (both neutral and vested) surrounding it”, without accompanying it with the usual criticism of abuse and misuse. That said, IMF chief Lagarde’s concerns are still clear. Her views indicate that it is very much about treading carefully and testing the water at this stage:

“…we don’t want innovation that would shake the system so much that we would lose the stability that is needed.”

Of course, the IMF is always ready to cast one keen protective eye across the global financial landscape, such as in the agency’s recent warnings to Malta regarding its rate of blockchain and cryptocurrency adoption, saying that unchecked proliferation carries “significant risks” for money laundering and terrorism. during a recent financial assessment carried out on the island.

Another hint that the financial establishment may be leading from the top in its softening attitudes towards cryptocurrency can be seen in its recent online poll, on its own website, asking the question asking “How do you think you will be paying for lunch in 5 years?”  — a clear attempt to measure public feelings on cryptocurrency.

This needs to be balanced with the IMF’s stance regarding state cryptocurrencies. To date, it has come down hard on countries considering the move. There is a critical view held by economists in some countries whose governments may be considering moves to adopt a national cryptocurrency, that a mass decentralization of financial power may result in the diminishing of IMF’s authority.

A warning by IMF deputy director Dong last year clearly suggests that the organization may be secretly worried at the movement towards global digital currency adoption. While admitting that cryptocurrency had an advantage over banks when it comes to speed, anonymity, and divisibility, Dong claimed then that Bitcoin’s fixed supply was a disadvantage since that would lead to deflation, which is theorized to reduce economic activity due to money hoarding. According to him, a stable monetary system must protect against deflation.

It remains to be seen how long the IMF can tread this middle path of warnings and dabblings, caught between fear and acceptance of what many in the crypto space see as the inevitable global adoption of cryptocurrency. What of its latest toe in the water; its so-called “hub for knowledge”? It could be just a possible novelty or distraction for the agencies’ Washington-based employees at first glance, but although the two giants watching over the world’s monetary control are not predicting a permanent place for blockchain anytime soon amongst the worlds banking system and even less for cryptocurrency, they are nonetheless peeking under the carpet; not quite fear and loathing, but apprehension with interest.

 

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Why Crypto is Booming in the Philippines

Why Crypto is Booming in the Philippines

The Philippines is having a moment with cryptocurrency, which largely can be attributed to the country’s own political leadership.

A combination of the Filipino government and the central bank, the Bangko Sentral ng Pilipinas (BSP), have a lot to do with the growing pro-Bitcoin sentiment in the Asian country. Indeed, for the nation’s authorities, cryptocurrency may well prove to be a way to modernize digital payment systems, fitting in well with the schemes already established.

Bitcoin trading volumes have increased

Data shows that Bitcoin’s trading volume on LocalBitcoins has increased significantly, with the predominant turning point back in December 2017 in the heat of the bull run. Trading volumes have continued to rise since then, showing a weak but definite correlation with the cryptocurrency’s price.

The week claiming the highest trading volume commenced 15 September 2018 when Bitcoin benefited from a two-day market surge, reaching USD 6,400.

While transactions in the last few months have slowed down on LocalBitcoins, this is most likely because there are now more authorized cryptocurrency exchanges for Filipino’s to use.

Crypto fits in with the government’s fintech scheme

Providing a solid regulatory framework for cryptocurrency seems to be key for the Filipino government as part of its larger plan to modernize the nation’s digital payment systems. Governor of BSP, Benjamin Dioknoof, recently noted that the 2016 National Payment Systems Act “bolsters the central bank’s capacity to foster the efficiency of payment systems as pipelines of funds in the financial market.”

Vice president and senior credit officer with Moody’s Sovereign Risk Group in Singapore, Christian de Guzman, commented on the Filipino government’s approach towards cryptocurrency, saying that regulation efforts are part of a wider attempt to facilitate electronic payments. ”I think that’s a key point,” he added.

The number of regulated exchanges is growing

Last week the tenth cryptocurrency exchange in the Philippines was granted approval to operate by BSP. The most recent group of approved exchanges include Bexpress Inc., Coinvillel Phils Inc., and Aba Global Philippines Inc.

But cryptocurrency exchanges can operate legally in the Philippines without the green light from the central bank by obtaining an offshore license from the government-owned Cagayan Economic Zone Authority (Ceza). With Ceza-approved exchanges counted, this brings the total up to 29 legally operational cryptocurrency exchanges in the country.

The itch to join in with the cryptocurrency action has been felt by the mainstream banking sector; one of the largest banks in the country, Union Bank of the Philippines (UBP), has even installed a Bitcoin ATM machine at one of its main branches, receiving permission from BSP to do so. All you need to use the machine is a UBP account and a Bitcoin wallet.

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Articles 11 and 13 Ringing the Changes: What These Numbers Mean for Crypto in Europe

copyright, blockchain

Strasbourg’s latest copyright laws could change the face of the internet by 2021, but what do articles 11 and 13 have in store for the cryptocurrency space moving forward?

The two new copyright laws originated from the UK, where activists rebelled against the copyright status quo claiming that current freedoms were damaging not only the music industry, for years now a hot topic, particularly amongst performers themselves, but also other areas where artists’ work was largely up grabs, such as in publishing and media in general.

What do they mean?

The fight against internet giants such as Google and YouTube’s snatch and grab policy on other’s work, not to mention a few others, principally social media giants Facebook and Twitter, created the move towards tighter controls of media material. MEP’s took their stance and in September of 2018, the European Union Directive on Copyright in the Digital Single Market was born.

 Article 11

This is one concern for cryptocurrency aggregator services although the new article is not yet ratified as law. Dubbed rather inaccurately as the “link tax,” due to many perceiving that anyone using sections of an originators work will be paying for it, this has been adjusted since the original MEP’s vote on the new copyright directives. Hyperlinks will not be penalized under the current rules and nor will websites pay fees for using words from parts of sentences from other websites.

Article 13

Article 13 would force sites and online platforms to use automatic tracking technology to detect when users uploaded content to make sure they weren’t sharing copyrighted material, taking the responsibility from user to site/platform owner for adhering to copyright law, and adding cost in the process.

The big concern here for many is memes- virally-transmitted photographs that are embellished with text that make fun of a cultural symbol or social idea. They are everywhere, in fact, it is hard to envisage social media without them. The aims of article 13, were made in good faith due to its aim which was to encourage companies to take more control of the content on their sites-certainly an issue that both Facebook and Twitter struggle with on a daily basis.

But will it kill freedom of expression? Almost certainly, that is if the law actually operated in this way. It does not.  Article 13 clarifies that content shared “for purposes of quotation, criticism, review, caricature, parody, and pastiche,” including GIFS, will be excluded from the article.

Blockchain

The problem here is clear. Companies running censorship resistant blockchain networks could hit a wall when it comes to compliance once the new regulations are ratified and enforced in 2021. The decentralization of crypto networks is key to the industry and many in the space will be waiting to see just how resistant blockchains’ censor content is to article 13.

An indication of the problems ahead might be just how blockchain companies have dealt with the GDPR as it stood before the new amendments in September 2018. Under last year’s new legislation, consumers were now able to request that personal data held by a company be deleted or erased; an issue which drove some blockchain companies out of business.

Public blockchains which support cryptocurrencies like bitcoin and ether are open to all comers, and more significantly information stored cannot be altered or erased due to its decentralized nature. This could become a turning point of conflict as the new articles become law in 2021. Legislators could now examine what has become known as ‘privacy poisoning’ with article 13 behind them. ‘Poisoning’ is jargon for the act of loading private data, such as names, addresses, and credit card numbers, or any illegal material on to an otherwise quite healthy blockchain, thereby making the chain inoperable.

This could become an issue which hits article 13 head on and requires some serious tweaking from within the cryptocurrency space moving forward.

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US Congress to IRS: Ambiguous Tax Treatment, a Serious Problem to Taxpayers

US Congress to IRS: Ambiguous Tax Treatment, A Serious Problem to Taxpayers

The US Internal Revenue Service (IRS) commissioner Charles Rettig received a request from members of the Congress on the blockchain committee chaired by Congressman Tom Emmer; to provide clarity about filing crypto-related taxes before tax day.

A bipartisan letter drafted by Congressman Emmer along with 20 others in the committee expressed their concerns in the form of questions about the ambiguous tax treatment of emerging exchange of value. Issues such as acceptable methods for calculating the cost basis of virtual currencies, the acceptable methods of cost basis assignment and lot relief for virtual currencies, and tax treatment of forks especially with regard to the 2017 hard fork of the Bitcoin blockchain.

In the press release, it was stated that rather than provide clarity, “the 2014 guidance by the IRS failed to address fundamental tax questions,” and further spawned more request for clarity, meanwhile, the IRS only tightened its processes and made it more difficult for taxpayers by increasing “enforcement activities against taxpayers who “misreport” their cryptocurrency transactions.”

It was the opinion of the committee that an appropriate tax filing procedure should be in order and one long overdue since the IRS released its preliminary guidance on the subject – about five years ago.

Congressman Emmer said:

“Guidance is long overdue and essential to proper reporting of these emerging assets. The bipartisan support this letter has received should send a clear message to the IRS that clear guidelines for reporting virtual currency are necessary.”

Earlier this year, it would appear that as the tax year end closes in, cryptocurrency users were on edge as to how to report their crypto earnings. In the UK, tax filing seems a step-ahead as it published a comprehensive guide (Her Majesty’s Revenue and Customs (HMRC) guidelines) detailing how crypto-related transactions for individuals are to be treated during tax reporting. Meanwhile, in the US, the IRS had only so far declared cryptocurrency taxation policies as a core campaign in 2019.

On a broader perspective, the overall attempt by the US to provide an ambient environment for the emerging asset industry continues at a rather progressive pace. Recently, a bill designed to exclude cryptocurrencies from being identified as securities was reintroduced for consideration.

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US Reintroduces Token Taxonomy Act Bill to Clarify Crypto Status

US Reintroduces Token Taxonomy Act Bill to Clarify Crypto Status

A bill designed to exclude cryptocurrencies being defined as securities has been reintroduced for consideration by representatives in the United States House of Representatives.

Warren Davidson (R) and Darren Soto (D) representatives in the United States House of Representatives, introduced the bill, the Token Taxonomy Act last December in an attempt to amend the Securities Act of 1933 and the Securities Act of 1934 to exclude cryptocurrencies.

The new bill has some carefully chosen amendments included; it clarifies the jurisdictions of the Commodity Futures Trading Commission (CFTC) and the Federal Trade Commission (FTC) and attempts to challenge the right for jurisdictions to make what it calls “heavy-handed” regulations.

Soto, a long-time champion of blockchain, said that “it is time for the United States to step up and lead in blockchain technology”. He said:

“After months of public input, our Token Taxonomy Act and the Digital Taxonomy Act add critical definition and jurisdiction to create certainty for a strong digital asset market in the United States.  This is an important step to promoting innovation and maximizing the potential of virtual currencies for the US economy, all while protecting customers and the financial well-being of investors.”

Washington has seen a wave of lobby groups campaigning to promote blockchain technology over the past 12 months, to the extent that these number swelled, tripling over the course of 2018, with 33 projects in place by the close of 2018. Much of the growth is thought to be driven by an increase in securities regulation activity by government departments such as the SEC.

 

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FSB Releases Global Crypto Regulators List as Next G20 Meet Looms

FSB Releases Global Crypto Regulators List as Next G20 Meet Looms

The Financial Stability Board (FSB) has released its latest Directory of Crypto-Assets Regulators ahead of this week’s G20 in Washington.

The FSB is formed by an amalgamation of 68 finance departments and central banks of the G20 and was chaired last year by the Bank of England’s head Mark Varney, who has expressed his concerns about cryptocurrency on more than one occasion. The current chair is Randal Quarles who is also Vice Chairman for Supervision of the US Federal Reserve.

The Directory of Crypto-Assets Regulators provides information on the relevant regulators and other authorities in FSB jurisdictions and international bodies who are dealing with crypto-asset issues, and the aspects covered by them.

The last FSB report in October 2018 looked at Crypto-asset markets, stating then that “FSB members have to date taken a wide variety of domestic supervisory, regulatory, and enforcement actions related to crypto-assets”. The latest report stated as it has before that “crypto-assets do not pose a material risk to global financial stability at this time” but that “vigilant monitoring is needed in light of the speed of market developments”.

However, the report cited its usual concerns such as consumer and investor protection, anti-money laundering, tax evasion, circumvention of capital controls and illegal security offerings, areas which were also addressed last year in July in another FSB Crypto-assets report.

The FSB was launched after the 2008 financial crisis, designed to monitor the global financial system, and principally to encourage effective regulatory, supervisory and other financial sector policies in the interest of financial stability.

Its been reported that the G20 will also meet in Fukuoka Japan in June to discuss international cryptocurrency Anti Money Laundering regulation.

 

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