Category Archives: Blockchain, Crypto, Digital Assets Regulations

Lawmakers Take Aim at Big Tech with Push for Sweeping Overhaul of Antitrust

New York Times | | Jun 11, 2021

mark zuckerberg testifiesWASHINGTON — House lawmakers on Friday introduced sweeping antitrust legislation aimed at restraining the power of Big Tech and staving off corporate consolidation. If passed, the bills would be the most ambitious update to monopoly laws in decades.

The bills — five in total — take direct aim at Amazon, Apple, Facebook and Google and their grip on online commerce, information and entertainment. The proposals would make it easier to break up businesses that used their dominance in one area to get a stronghold in another, would create new hurdles for acquisitions of nascent rivals and would empower regulators with more funds to police companies.

The legislation could reshape the way the companies operate. Facebook and Google, for instance, could have a higher bar to prove that any mergers aren’t anticompetitive. Amazon could face more scrutiny when selling its own branded products like toilet paper and clothing. Apple could have a harder time entering new lines of business that are promoted on its App Store.

See:  DOJ files antitrust lawesuit challenging Visa’s $5.3 billion acquisition of Plaid

“Right now, unregulated tech monopolies have too much power over our economy. They are in a unique position to pick winners and losers, destroy small businesses, raise prices on consumers and put folks out of work,” said Representative David Cicilline, Democrat of Rhode Island and chairman of the antitrust subcommittee. “Our agenda will level the playing field and ensure the wealthiest, most powerful tech monopolies play by the same rules as the rest of us.”

The introduction of the bills, which have some bipartisan support, is the most aggressive challenge yet from Capitol Hill to Silicon Valley’s tech giants, which have thrived for years without regulation or much restraint on the expansion of their business. Last year, the antitrust subcommittee released a scathing report about the industry after a 16-month investigation, declaring that Amazon, Apple, Facebook and Google engaged in a variety of monopolistic behavior. The proposals released on Friday try to address the concerns detailed in the report.

Over the past decade, dozens of bills addressing data privacy, speech liability and children’s online safety have failed. But efforts to curb the dominance of the biggest tech companies have gained broad support in recent years. The Justice Department and the Federal Trade Commission during the Trump administration accused Google and Facebook of anticompetitive practices and filed lawsuits that are expected to be fought for years. Democrats and Republicans point to the dominance of a handful of firms as a root cause for the spread of disinformation, inequality in labor and wages, and haphazard rules for speech across the internet.

See: 

The tech giants face similar challenges to their power across the globe, including antitrust investigations in Europe and new legislation in Australia and India to curb their power.

“These are just the type of new laws we need to really address the problem of gatekeeper power by dominant digital platforms,” said Charlotte Slaiman, the competition director for Public Knowledge, a public interest group. “Big tech firms have so many powerful tools to protect their monopolies. These bills would give antitrust enforcers a few more powerful tools to open up digital platform markets for competition.”

Continue to the full article --> here


The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org

NCFA Financial Innovation MapNCFA Innovation Opportunity BriefsNCFA Fintech Insights
NCFA Fintech WhispererNCFA Fintech Fridays PodcastNCFA Weekly Newsletter

 

OSCs Investor Advisor Panel calls for dramatic shift in approach to regulatory oversight

Investment Executive | James Langton | Jun 11, 2021

rainy dayInvestor group calls for dramatic shift in approach to oversight

Faced with an array of looming threats — from fintech disruption to an aging advisor force — regulators must develop a high-tech, rapid response capability, says a new report from the Ontario Securities Commission’s Investor Advisory Panel (IAP).

The independent IAP published a report detailing the results of its “Horizon Project,” which represents an effort to anticipate emerging challenges and opportunities for the investment industry, investors and regulators.

Among other things, it examines the threat of Big Tech (Google, Apple, Facebook etc.) entering the retail investment business; a looming shortage of and lack of diversity among advisors; increasing technological complexity; and slow, reactive regulators.

See:  Big techs in finance: regulatory approaches and policy options

“Financial service regulation is expected to be deliberative, careful and therefore slow. It is not equipped to respond to rapid, disruptive change; and regulatory bodies typically are designed and operate to prevent risk, not capture opportunity,” the report said.

As a result, investors are in danger of being blindsided by novel risks, while innovation could be stifled.

Ultimately, the IAP warns that financial regulators are at risk of “Uberization” — consumers gravitating to unregulated, low-cost alternatives over a staid, highly regulated industry.

“Uber’s ability to use its technology advantage to achieve high customer adoption and loyalty allowed it to bully policy-makers and achieve outcomes compatible with its business model while skirting most labour and safety standards,” it said. “As a result, the regulatory regime found itself bypassed and rendered largely irrelevant to what was actually happening on the ground.”

The report suggests that Canadian financial regulators are at risk of a similar outcome, given their slow-moving approach to reform and tendency to bend to the demands of entrenched industry interests.

“In our view, the only way Canadian financial regulation can avoid this dystopian fate is by regulatory agencies coming together, formally or informally, to develop rapid response capability for dealing with disruptive change,” it said.

To that end, it calls for a holistic approach to reinventing regulation that covers all financial sectors and jurisdictions, with a particular emphasis on developing the technical expertise needed to properly oversee the design and structure of emerging fintech systems and products.

See:  Sources Say: Federal and provincial governments shutting down Cooperative Capital Markets Regulatory project

“No doubt, this will be expensive, but it is necessary,” the report said.

“We believe that the OSC, as a key financial regulator, should be in the forefront of efforts to overcome the structural impediments, secure the funding and rally the political resolve needed to bring about comprehensive, system-wide rapid-reaction capability in response to disruptive change,” it said.

In the meantime, the IAP called on the OSC to unilaterally address these same challenges by speeding up its own policy-making; tackling existing issues such as “greenwashing,” data integrity and inherent bias in financial products and services; and taking steps to ensure access to quality advice.

Continue to the full article --> here


The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org

NCFA Financial Innovation MapNCFA Innovation Opportunity BriefsNCFA Fintech Insights
NCFA Fintech WhispererNCFA Fintech Fridays PodcastNCFA Weekly Newsletter

 

Should the State or the Market Provide Digital Currency?

Cato Institute | Lawrence H. White | Spring/Summer 2021

public vs privateThe fact that the historical development of payment systems has been driven by private initiative, not state action, is often overlooked.

The Myth of the Entrepreneurial State

Proposals for central bank expansion from wholesale into retail payments often appear to subscribe to what Dierdre McCloskey and Alberto Mingardi (2020) call “the myth of the entrepreneurial state.” McCloskey and Mingardi conclude from economic history that dynamic economic growth — during and since the Industrial Revolution — is disproportionately founded on bottom‐​up innovation and competition. Top‐​down direction and state‐​owned enterprises, because they need not make profits to continue, more often do harm than good. Even cherry‐​picked examples of state entrepreneurship can fall apart on inspection.

See:  Ripple Pilots a Private Ledger for Central Banks Launching CBDCs

It is a myth that Al Gore invented the internet. It is likewise a myth that DARPA (the Defense Advanced Research Projects Agency) invented the internet: it funded data lines and packet‐​switching research, but it did not intend or anticipate that innovative users and private entrepreneurs would develop email, let alone e‐​commerce. It is a myth that the Pony Express is an example of technological innovation by the U.S. Post Office (it was a private firm, not under contract to the Post Office). The reason for the disproportionate success of private enterprise at finding gains from trade is the incentive provided by profit and loss. McCloskey and Mingardi (2020: 74) write:

“Political decision‐​making is less directly aimed at human welfare than is market decision‐​making” because “a market profit comes only when other humans find themselves better off when they purchase a product.”

Survival of a subsidized state‐​owned enterprise does not require a market profit.

It would not be necessary to make these elementary points if those who call for central bankers to provide retail payment services would address the elementary question posed by McCloskey and Mingardi (2020: 74):

“Why would someone with no skin in the game do better than people who have plenty of such skin?” Why would you expect good retail service from people who have no experience at providing it, and who have little to gain (or lose) by doing a good (or poor) job?

Ignoring this question leads to the error they call “vindicating bureaucracies over market forces.”

See:  Techlash continues to batter technology sector

In a recent paper, Markus K. Brunnermeier and Dirk Niepelt (2019: 27) ask, “When does a swap between private and public money leave the equilibrium allocation and price system unchanged?” They conclude: “Our results imply that CBDC coupled with central bank pass‐​through funding need not imply a credit crunch nor undermine financial stability” (p. 27). By “pass‐​through funding,” they mean that the central bank automatically lends to commercial banks all the funds it gains by the migration of commercial bank deposits into CBDC. Requiring that a CBDC incorporate such a mechanism can be motivated by recognizing that financial intermediation would be less efficient in the hands of a state monopoly than in a competitive private market. Accordingly, the authors write: “By funding the banks rather than purchasing bank assets, the central bank avoids interfering directly with the credit allocation mechanism — only banks screen and monitor investment projects” (p. 29). But leaving the volume of commercial bank intermediation unchanged is only one side of the balance sheet. The authors regrettably do not explicitly consider the inefficiency of a state‐​owned monopoly at providing retail payments.5

Continue to the full article --> here


The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org

NCFA Financial Innovation MapNCFA Innovation Opportunity BriefsNCFA Fintech Insights
NCFA Fintech WhispererNCFA Fintech Fridays PodcastNCFA Weekly Newsletter

 

US financial regulator warns against strict cryptocurrency rules

Financial Post | Kiran Stacey | Jun 9, 2021

Hester Peirce_Commissioner says SEC should ‘gamify our communications with investors’

A senior US financial regulator has spoken out against attempts by her colleagues to regulate cryptocurrencies more strictly, warning that doing so runs the risk of discouraging investors. Hester Peirce, one of two Republicans among the five commissioners at the Securities and Exchange Commission, told the Financial Times she was worried about the push by several US regulators to play a more active role in the $1.5tn cryptocurrency market.

Her comments expose a split at the top of the SEC just as Gary Gensler, its chair, spearheads an effort to bring the fast-growing cryptocurrency market more in line with other types of financial assets.

“I am concerned that the initial reaction of a regulator is always to say ‘I want to grab hold of this and make it like the markets I already regulate’,” Peirce said in an interview. “  I am not sure that’s going to be great for innovation.”

Peirce previously researched financial regulation at the Mercatus Center, a free-market think-tank, and had worked as a lawyer on the SEC staff. She joined the SEC in 2018 after being appointed by former president Donald Trump.

See:  Series of Essays: Regulation in the Era of Fintech

Trump cast doubt on bitcoin in an interview on Monday. “My opinion is . . . the currency of this world should be the dollar,” he told Fox Business Network. “And I don’t think we should have all of the bitcoins of the world out there. I think they should regulate them very, very high.”

US regulators have become increasingly concerned about cryptocurrencies after wild swings in some of the world’s most commonly traded digital assets. This year bitcoin has soared from just under $30,000 to over $60,000, before crashing back to about $33,000, prompting senior government officials to call for greater investor protections.

The Treasury department announced last month it would require cryptocurrency transfers worth $10,000 or more to be reported to the US tax authorities. Officials from the country’s three leading federal bank regulators — the Comptroller of the Currency, the Federal Reserve and the Federal Deposit Insurance Corporation — have begun discussing how best to regulate the market.

Members of the Senate banking committee will meet on Wednesday to discuss the potential merits of a digital currency backed by the Fed, which some hope will provide more stability to the market.

See:  FFCON21 On-Demand VIDEO: Interview with SEC Commissioner Hester Peirce

Gensler is pushing to update America’s rules on investing in cryptocurrencies. He told members of Congress last month there were “gaps” in the regulatory system and called for laws to clarify which regulator should oversee crypto exchanges in particular. He added that he wanted to provide crypto investors with similar protections to those they would have at the New York Stock Exchange or Nasdaq.

Peirce’s comments suggest that Gensler will encounter pushback from inside his own agency as he pursues his agenda.

Continue to the full article --> here


The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org

NCFA Financial Innovation MapNCFA Innovation Opportunity BriefsNCFA Fintech Insights
NCFA Fintech WhispererNCFA Fintech Fridays PodcastNCFA Weekly Newsletter

 

WEF: Decentralized Finance: (DeFi) Policy-Maker Toolkit

World Economic Forum | Jun 8, 2021

DeFi policy-maker toolkit

Decentralized finance (DeFi) is an emerging and rapidly evolving area in the blockchain environment. Although examples of DeFi have existed for several years, a sudden upsurge of activity in 2020 has simulated interest from the private and public sectors.

See:  FFCON21: On-Demand Video - May 11 The Rise of Decentralized Finance and its Barriers to Adoption

This toolkit highlights DeFi’s distinguishing characteristics and opportunities, while also calling attention to the new and existing risks. As well as providing an overview of the DeFi space generally, it maps out the potential legal and regulatory responses.

The result of an international collaboration among academics, legal practitioners, DeFi entrepreneurs, technologists and regulatory experts, the report provides a solid foundation for understanding the major factors that should drive policy-making decisions.

Continue to the full article --> here

Download the 38 page PDF report --> Now

 


The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org

NCFA Financial Innovation MapNCFA Innovation Opportunity BriefsNCFA Fintech Insights
NCFA Fintech WhispererNCFA Fintech Fridays PodcastNCFA Weekly Newsletter

 

Bitcoin should carry toughest capital requirements for banks, given risks from volatility, global watchdog says

Markets Insider | Sophie Kiderlin | Jun 10, 2021

global regulators inspecting Bitcoin

  • Bitcoin poses higher risks than stablecoins, so tougher capital set-aside is needed to safeguard banks, BIS said.
  • Banks will need to hold $1 in capital for every $1 worth of bitcoin given the threat to stability from its volatility.
  • But stablecoins should carry a lower risk weighting as given to stocks, BIS said.

Bitcoin should carry the tightest capital requirements for banks due to its high levels of volatility, while lower-risk stablecoins should be assessed like stocks, the Bank of International Settlements said in a report on Thursday .

The Basel Committee on Banking Supervision, which is the most powerful group of central bank representatives when it comes to setting banking standards, said banks should have to hold $1 in capital for every $1 worth of bitcoin they hold.

See:  El Salvador approves Bitcoin as legal tender – the first country to do so

This is due to the volatile nature of bitcoin and similar cryptocurrencies that prevent them from fulfilling certain conditions, for example relating to credit and market risk, laid out under the Basel Framework. The Basel Framework is commonly recognized as the gold standard for banking regulation and asset risk classification. Bitcoin and other similar cryptocurrencies, as well as decentralized finance products and non-fungible tokens, are seen as a very high-risk and were therefore should fall under the tightest possible restrictions.

"Certain cryptoassets have exhibited a high degree of volatility, and could present risks for banks as exposures increase, including liquidity risk; credit risk; market risk; operational risk (including fraud and cyber risks); money laundering / terrorist financing risk; and legal and reputation risks," the report said.

However, not all crypto assets are as difficult - stock tokens, for example, comply with the Basel Framework and are therefore subject to looser rules, which are similar to stocks and stablecoins were also assessed as less risky than cryptocurrencies. This is because they are tied to fiat currencies, like the US dollar, which protects them from severe volatility. The effectiveness of these 'stabilization mechanisms' would however have to be continuously assessed.

"While the cryptoasset market remains small relative to the size of the global financial system, and banks' exposures to cryptoassets are currently limited, its absolute size is meaningful."

See:  An Analysis of Bitcoin’s Use in Illicit Finance

BIS explained the importance of the new regulations, adding that the fast development of the investment sector also played a role.

The committee also made specific reference to consumer protection, money laundering, terrorist financing and the environmental impact of crypto assets in their report, saying that these factors meant crypto needed to be more tightly regulated. BIS thereby echoed the concerns many regulators around the world have shared.

Continue to the full article --> here

 


The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org

NCFA Financial Innovation MapNCFA Innovation Opportunity BriefsNCFA Fintech Insights
NCFA Fintech WhispererNCFA Fintech Fridays PodcastNCFA Weekly Newsletter

 

El Salvador approves Bitcoin as legal tender – the first country to do so

CBC | Jun 9, 2021

El Savador first country accept bitcoin legal tenderBitcoin won't replace the U.S. dollar as official currency but businesses that can accept it now must

El Salvador's legislative assembly has approved legislation making the cryptocurrency Bitcoin legal tender in the country, the first country to do so, just days after President Nayib Bukele made the proposal at a Bitcoin conference.

See:  Right to anonymous payments

The digital currency can be used in any transaction and any business will have to accept payment in Bitcoin, with the exception of those lacking the technology to do so. The U.S. dollar will also continue to be El Salvador's currency and no one will be forced to pay in Bitcoin, according to the legislation approved late Tuesday.

The exchange rate between the two currencies will be established by the market and all prices will be able to be expressed in Bitcoin — although for accounting purposes, the dollar will continue to be the currency of reference.

The government will promote training for people to be able to carry out transactions using Bitcoin.

The Economy Ministry noted that 70 per cent of Salvadorans do not have access to traditional financial services and it said the country "needs to authorize the circulation of a digital currency [whose] who value exclusively follows free market criteria" to stimulate growth.

"The Bitcoin law is ambitious, but simple," Bukele said on Twitter. "Futhermore it is well structured to have zero risk for those who do not want to take risks. The government will guarantee the convertibility to the exact value in dollars at the moment of the transaction."

The president said it would increase financial inclusion, investment, tourism, innovation and economic development.

See:  Bank of Canada to become new regulator of fintech companies doing payments processing

The law will take effect 90 days after its official publication. The Central Bank and financial system regulators will publish the implementing rules in the interim.

Bukele's New Ideas party holds a supermajority in the new congress seated May 1.

Other countries in the region, including Venezuela and the Bahamas, have introduced digital currencies, although none had adopted the original cryptocurrency, Bitcoin, itself.

Continue to the full article --> here


The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org

NCFA Financial Innovation MapNCFA Innovation Opportunity BriefsNCFA Fintech Insights
NCFA Fintech WhispererNCFA Fintech Fridays PodcastNCFA Weekly Newsletter