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America requires regulatory clarity before blockchain brings its bounty

BlockChainGuardian Staff

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America requires regulatory clarity before blockchain brings its bounty

(Photo by Joan Cros/NurPhoto via Getty Images)

NurPhoto via Getty Images

Innovation is essential for economic growth and higher standards of living. Better tools and techniques that make us more productive are requirements for wealth creation. However, innovation attracts its fair share of skeptics whose fears about where new technologies might lead are ripe for exploitation.

Leading regulatory agencies in Washington today are many who seem to prey on fears about the nefarious misuse of technology or how innovation will send our jobs and way of life into obsolescence. Yet with each new wave of technological adoption, the U.S. economy has created more and better-paying jobs than before, thanks to the growing abundance produced and invested. Such progress would be impossible without entrepreneurs and their innovations.

Consider blockchain, one of the most important innovations to emerge from the financial technology revolution of the last two decades. Blockchain is most commonly associated with cryptocurrencies – digital currencies that users exchange across decentralized computer networks – and is prized for its ability to reduce the time, cost and security risks of transactions. But new and evolving applications will amplify blockchain’s utility across a wider variety of industries, unless regulators nip it in the bud.

The early application of the technology by pioneering companies operating in the financial sector has created links in the public mind between blockchain and cryptocurrencies. Additionally, it gave U.S. financial regulators the initial right to determine who can control crypto companies and how. The experience is a pedagogical moment.

Securities and Exchange Commission Chairman Gary Gensler has been aggressive in the cryptocurrency industry, which he says is “full of hucksters, scammers and scam artists.” Gensler considers cryptocurrencies to be securities, and his agency has the power to regulate them (as well as the websites and apps on which those assets are bought and sold).

The SEC has taken actions against numerous crypto companies, including Coinbase, Binance and Ripple, which operate platforms that see billions of dollars of digital assets traded or used every day. The agency’s “regulation through enforcement” approach casts a wide net, which Gensler says is necessary because writing laws and regulations can’t keep up with new industry practices and products. This power grab is similar to inserting square pegs into round holes.

Should these companies be regulated? YES. But are their assets securities? Do companies’ activities fall within the domain of the SEC? Are these activities required to be regulated by the Commodity Futures Trading Commission? Are they something else that needs to be regulated under a different authority by a different agency?

While the SEC considers most cryptocurrencies to be the same type of investments classified as securities for decades, the industry believes that securities law is not suitable for digital assets and seeks new laws and regulations. In fact, most of the current financial rules were created before cryptocurrencies came into existence, yet the Biden administration is not even considering a new regulatory framework. Meanwhile, the lack of regulatory clarity continues to impede investment and development of US blockchain applications.

A 2023 decision from the Southern District of New York in the SEC’s lawsuit against Ripple offered some clarity. It ruled that the digital token XRP does not meet the definition of a security when traded on public exchanges. This would appear to place the majority of XRP activity outside the SEC’s regulatory purview. But the decision also says that Ripple’s sales of XRP to the company’s institutional investors meet the definition of security, preserving the SEC’s oversight role, however tenuously. One option might be to appeal this and other rulings to the Supreme Court, which has expressed growing distrust of the excesses of federal agencies.

Ultimately, Congress must return to legislating. It must write and pass new statutes to provide new authorities for new and more appropriate regulations. While several bills have been introduced to this effect, they remain stuck in a divided Congress, prolonging the absence of regulatory clarity needed to encourage innovation not only in the cryptocurrency sector, but in supply chain management and logistics , in healthcare and in real estate transactions. , election integrity, and other areas and applications where intermediaries or intermediate processes create inefficiencies. Meanwhile, Bitcoin and XRP are the only digital assets that have achieved some regulatory clarity.

Innovation is critical to economic development and higher standards of living. It is often greeted with trepidation due to the inconvenience it can cause. But there are pioneering benefits to developing and adopting new technologies. Jurisdictions that embrace innovation first as a catalyst for evolution tend to gain an investment advantage. The fusion between artificial intelligence and blockchain will, for example, be a hotbed of innovation. But for these and other technologies to take root and enable activities that were once much more expensive or difficult – and plant the seeds of spin-off technologies that will comprise a thriving ecosystem of technologies that improve life and reduce cost applications: it is necessary establish regulatory frameworks. While regulations, even well-intentioned ones, can stifle investment in innovation, so can the uncertainty that comes from a lack of regulatory clarity.

In 1997, as the promise (some, at the time, would have said “threat”) of electronic commerce was emerging and terrorizing brick-and-mortar businesses, the Clinton administration offered a bold vision of regulatory clarity. He dictated pioneering rules of the road with the publication of his “Framework for global e-commerce.” At the time, Amazon.com was a loss-making online bookstoreNetflix was just getting started offering DVD rentals by mail to compete with major video rental stores, and the Internet has been portrayed in much of the business media as a fad or a haven for criminals and scammers.

After the issuance of the rules on e-commerce, everything began to change. Investments flowed into pre-existing companies that were using the Internet to reduce costs, increase sales and earn more profits. Technology has also improved a lot: the Internet has become faster, bigger and has become wireless; devices have become smaller, more powerful and cheaper. Wealth has created increased incomes and standards of living in the United States and around the world. This is the nature of innovation.

The economic success stories of American technology demonstrate that if we are to reap the benefits of innovation in our economy, we must provide early regulatory clarity to allow the technology to develop and bear fruit. It was true for e-commerce 30 years ago, and it’s true today for innovations like blockchain and cryptocurrencies.

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We are the editorial team of BlockChainGuardian, where seriousness meets clarity in cryptocurrency analysis. With a robust team of finance and blockchain technology experts, we are dedicated to meticulously exploring complex crypto markets with detailed assessments and an unbiased approach. Our mission is to democratize access to knowledge of emerging financial technologies, ensuring they are understandable and accessible to all. In every article on BlockChainGuardian, we strive to provide content that not only educates, but also empowers our readers, facilitating their integration into the financial digital age.

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Terra Can’t Catch a Break as Blockchain Gets $6 Million Exploited

BlockChainGuardian Staff

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Terra Can't Catch a Break as Blockchain Gets $6 Million Exploited

The attack, which exploited a vulnerability disclosed in April, drained around 60 million ASTRO tokens, sending the price plummeting.

The Terra blockchain has been exploited for over $6 million, forcing developers to take a momentary break the chain.

Beosin Cyber ​​Security Company reported that the protocol lost 60 million ASTRO tokens, 3.5 million USDC, 500,000 USDT, and 2.7 BTC or $180,000.

Terra developers paused the chain on Wednesday morning to apply an emergency patch that would address the attack. Moments later, a 67% majority of validators upgraded their nodes and resumed block production.

The ASTRO token has plunged as much as 75%. It is now trading at $0.03, a 25% decline on the day. Traders who took advantage of the drop are now on 195%.

ASTRO Price ChartASTRO Price

The vulnerability that took down the Cosmos-based blockchain was disclosed in April and involved the deployment of a malicious CosmWasm contract. It opened the door to attacks via what is called an “ibc-hooks callback timeout reentrancy vulnerability,” which is used to invoke contracts and enable cross-chain swaps.

Terra 2.0 also suffered a massive drop in total value locked (TVL) in April, shortly after the vulnerability was discovered. It plunged 80% to $6 million from $30 million in TVL and has since lost nearly half of that value, currently sitting at $3.9 million.

The current Earth chain emerged from the rubble as a hard fork after the original blockchain, now called Terra Classic, collapsed in 2022. Terra collapsed after its algorithmic stablecoin (UST) lost its peg, causing a run on deposits. More than $50 billion of UST’s market cap was wiped out in a matter of days.

Terraform Labs, the company behind the blockchain, has been slowly unravelling its legal woes since its mid-2022 crash. Founder Do Kwon awaits sentencing in Montenegro after he and his company were found liable for $40 billion in customer funds in early April.

On June 12, Terraform Labs settled with the SEC for $4.4 billion, for which the company will pay about $3.59 billion plus interest and a $420 million penalty. Meanwhile, Kwon will pay $204.3 million, including $110 million in restitution, interest and an $80 million penalty, a court filing showed.

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Google and Coinbase Veterans Raise $5M to Build Icebreaker, Blockchain’s Answer to LinkedIn

BlockChainGuardian Staff

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Google and Coinbase Veterans Raise $5M to Build Icebreaker, Blockchain's Answer to LinkedIn

Icebreaker: Think LinkedIn but on a Blockchain—announced Wednesday that it has secured $5 million in seed funding. CoinFund led the round, with participation from Accomplice, Anagram, and Legion Capital, among others.

The company, which is valued at $21 million, aims to become the world’s first open-source network for professional connections. Its co-founders, Dan Stone and Jack Dillé, come from Google AND Monetary base; Stone was a product manager at the cryptocurrency giant and also the co-creator of Google’s largest multi-identity measurement and marketing platform, while Dillé was a design manager for Google Working area.

The pair founded Icebreaker on the shared belief that the imprint of one’s digital identity (and reputation) should not be owned by a single entity, but rather publicly owned and accessible to all. Frustrated that platforms like LinkedIn To limit how we leverage our connections, Dillé told Fortune he hopes to remove paywalls and credits, which “force us to pay just to browse our network.” Using blockchain technology, Icebreaker lets users transfer their existing professional profile and network into a single, verified channel.

“Imagine clicking the login button and then seeing your entire network on LinkedIn, ChirpingFarcaster and email? Imagine how many introductions could be routed more effectively if you could see the full picture of how you’re connected to someone,” Stone told Fortune.

Users can instantly prove their credentials and provide verifiable endorsements for people in their network. The idea is to create an “open graph of reputation and identity,” according to the founders. They hope to challenge LinkedIn’s closed network that “secures data,” freeing users to search for candidates and opportunities wherever they are online. By building on-chain, the founders note, they will create a public ledger of shared context and trust.

“Digital networking is increasingly saturated with noise and AI-driven fake personas,” the founders said in a statement. For example: Dillé’s LinkedIn headline reads “CEO of Google,” a small piece of digital performance art to draw attention to unverifiable information on Web2 social networks that can leave both candidates and recruiters vulnerable to false claims.

“Icebreaker was created to enable professionals to seamlessly tap into their existing profiles and networks to surface exceptional people and opportunities, using recent advances in cryptographically verifiable identity,” the company said, adding that the new funding will go towards expanding its team and developing products.

“One of the next significant use cases for cryptocurrency is the development of fundamental social graphs for applications to leverage… We are proud to support Dan, Jack and their team in their mission to bring true professional identity ownership to everyone online,” said CoinFund CIO Alex Felix in a statement.

Learn more about all things cryptocurrency with short, easy-to-read flashcards. Click here to Fortune’s Crash Course in Cryptocurrency.

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Luxembourg proposes updates to blockchain laws | Insights and resources

BlockChainGuardian Staff

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Luxembourg proposes updates to blockchain laws | Insights and resources

On July 24, 2024, the Ministry of Finance proposed Blockchain Bill IVwhich will provide greater flexibility and legal certainty for issuers using Distributed Ledger Technology (DLT). The bill will update three of Luxembourg’s financial laws, the Law of 6 April 2013 on dematerialised securitiesTHE Law of 5 April 1993 on the financial sector and the Law of 23 December 1998 establishing a financial sector supervisory commissionThis bill includes the additional option of a supervisory agent role and the inclusion of equity securities in dematerialized form.

DLT and Luxembourg

DLT is increasingly used in the financial and fund management sector in Luxembourg, offering numerous benefits and transforming various aspects of the industry.

Here are some examples:

  • Digital Bonds: Luxembourg has seen multiple digital bond issuances via DLT. For example, the European Investment Bank has issued bonds that are registered, transferred and stored via DLT processes. These bonds are governed by Luxembourg law and registered on proprietary DLT platforms.
  • Fund Administration: DLT can streamline fund administration processes, offering new opportunities and efficiencies for intermediaries, and can do the following:
    • Automate capital calls and distributions using smart contracts,
    • Simplify audits and ensure reporting accuracy through transparent and immutable transaction records.
  • Warranty Management: Luxembourg-based DLT platforms allow clients to swap ownership of baskets of securities between different collateral pools at precise times.
  • Tokenization: DLT is used to tokenize various assets, including real estate and luxury goods, by representing them in a tokenized and fractionalized format on the blockchain. This process can improve the liquidity and accessibility of traditionally illiquid assets.
  • Tokenization of investment funds: DLT is being explored for the tokenization of investment funds, which can streamline the supply chain, reduce costs, and enable faster transactions. DLT can automate various elements of the supply chain, reducing the need for reconciliations between entities such as custodians, administrators, and investment managers.
  • Issuance, settlement and payment platforms:Market participants are developing trusted networks using DLT technology to serve as a single source of shared truth among participants in financial instrument investment ecosystems.
  • Legal framework: Luxembourg has adapted its legal framework to accommodate DLT, recognising the validity and enforceability of DLT-based financial instruments. This includes the following:
    • Allow the use of DLT for the issuance of dematerialized securities,
    • Recognize DLT for the circulation of securities,
    • Enabling financial collateral arrangements on DLT financial instruments.
  • Regulatory compliance: DLT can improve transparency in fund share ownership and regulatory compliance, providing fund managers with new opportunities for liquidity management and operational efficiency.
  • Financial inclusion: By leveraging DLT, Luxembourg aims to promote greater financial inclusion and participation, potentially creating a more diverse and resilient financial system.
  • Governance and ethics:The implementation of DLT can promote higher standards of governance and ethics, contributing to a more sustainable and responsible financial sector.

Luxembourg’s approach to DLT in finance and fund management is characterised by a principle of technology neutrality, recognising that innovative processes and technologies can contribute to improving financial services. This is exemplified by its commitment to creating a compatible legal and regulatory framework.

Short story

Luxembourg has already enacted three major blockchain-related laws, often referred to as Blockchain I, II and III.

Blockchain Law I (2019): This law, passed on March 1, 2019, was one of the first in the EU to recognize blockchain as equivalent to traditional transactions. It allowed the use of DLT for account registration, transfer, and materialization of securities.

Blockchain Law II (2021): Enacted on 22 January 2021, this law strengthened the Luxembourg legal framework on dematerialised securities. It recognised the possibility of using secure electronic registration mechanisms to issue such securities and expanded access for all credit institutions and investment firms.

Blockchain Act III (2023): Also known as Bill 8055, this is the most recent law in the blockchain field and was passed on March 14, 2023. This law has integrated the Luxembourg DLT framework in the following way:

  • Update of the Act of 5 August 2005 on provisions relating to financial collateral to enable the use of electronic DLT as collateral on financial instruments registered in securities accounts,
  • Implementation of EU Regulation 2022/858 on a pilot scheme for DLT-based market infrastructures (DLT Pilot Regulation),
  • Redefining the notion of financial instruments in Law of 5 April 1993 on the financial sector and the Law of 30 May 2018 on financial instruments markets to align with the corresponding European regulations, including MiFID.

The Blockchain III Act strengthened the collateral rules for digital assets and aimed to increase legal certainty by allowing securities accounts on DLT to be pledged, while maintaining the efficient system of the 2005 Act on Financial Collateral Arrangements.

With the Blockchain IV bill, Luxembourg will build on the foundations laid by previous Blockchain laws and aims to consolidate Luxembourg’s position as a leading hub for financial innovation in Europe.

Blockchain Bill IV

The key provisions of the Blockchain IV bill include the following:

  • Expanded scope: The bill expands the Luxembourg DLT legal framework to include equity securities in addition to debt securities. This expansion will allow the fund industry and transfer agents to use DLT to manage registers of shares and units, as well as to process fund shares.
  • New role of the control agent: The bill introduces the role of a control agent as an alternative to the central account custodian for the issuance of dematerialised securities via DLT. This control agent can be an EU investment firm or a credit institution chosen by the issuer. This new role does not replace the current central account custodian, but, like all other roles, it must be notified to the Commission de Surveillance du Secteur Financier (CSSF), which is designated as the competent supervisory authority. The notification must be submitted two months after the control agent starts its activities.
  • Responsibilities of the control agent: The control agent will manage the securities issuance account, verify the consistency between the securities issued and those registered on the DLT network, and supervise the chain of custody of the securities at the account holder and investor level.
  • Simplified payment processesThe bill allows issuers to meet payment obligations under securities (such as interest, dividends or repayments) as soon as they have paid the relevant amounts to the paying agent, settlement agent or central account custodian.
  • Simplified issuance and reconciliationThe bill simplifies the process of issuing, holding and reconciling dematerialized securities through DLT, eliminating the need for a central custodian to have a second level of custody and allowing securities to be credited directly to the accounts of investors or their delegates.
  • Smart Contract Integration:The new processes can be executed using smart contracts with the assistance of the control agent, potentially increasing efficiency and reducing intermediation.

These changes are expected to bring several benefits to the Luxembourg financial sector, including:

  • Fund Operations: Greater efficiency and reduced costs by leveraging DLT for the issuance and transfer of fund shares.
  • Financial transactions: Greater transparency and security.
  • Transparency of the regulatory environment: Increased attractiveness and competitiveness of the Luxembourg financial centre through greater legal clarity and flexibility for issuers and investors using DLT.
  • Smart Contracts: Potential for automation of contractual terms, reduction of intermediaries and improvement of transaction traceability through smart contracts.

Blockchain Bill IV is part of Luxembourg’s ongoing strategy to develop a strong digital ecosystem as part of its economy and maintain its status as a leading hub for financial innovation. Luxembourg is positioning itself at the forefront of Europe’s growing digital financial landscape by constantly updating its regulatory framework.

Local regulations, such as Luxembourg law, complement European regulations by providing a more specific legal framework, adapted to local specificities. These local laws, together with European initiatives, aim to improve both the use and the security of projects involving new technologies. They help establish clear standards and promote consumer trust, while promoting innovation and ensuring better protection against potential risks associated with these emerging technologies. Check out our latest posts on these topics and, for more information on this law, blockchain technology and the tokenization mechanism, do not hesitate to contact us.

We are available to discuss any project related to digital finance, cryptocurrencies and disruptive technologies.

This informational piece, which may be considered advertising under the ethics rules of some jurisdictions, is provided with the understanding that it does not constitute the rendering of legal or other professional advice by Goodwin or its attorneys. Past results do not guarantee a similar outcome.

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New bill pushes Department of Veterans Affairs to examine how blockchain can improve its work

BlockChainGuardian Staff

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New bill pushes Department of Veterans Affairs to examine how blockchain can improve its work

The Department of Veterans Affairs would have to evaluate how blockchain technology could be used to improve benefits and services offered to veterans, according to a legislative proposal introduced Tuesday.

The bill, sponsored by Rep. Nancy Mace, R-S.C., would direct the VA to “conduct a comprehensive study of the feasibility, potential benefits, and risks associated with using distributed ledger technology in various programs and services.”

Distributed ledger technology, including blockchain, is used to protect and track information by storing data across multiple computers and keeping a record of its use.

According to the text of the legislation, which Mace’s office shared exclusively with Nextgov/FCW ahead of its publication, blockchain “could significantly improve benefits allocation, insurance program management, and recordkeeping within the Department of Veterans Affairs.”

“We need to bring the federal government into the 21st century,” Mace said in a statement. “This bill will open the door to research on improving outdated systems that fail our veterans because we owe it to them to use every tool at our disposal to improve their lives.”

Within one year of the law taking effect, the Department of Veterans Affairs will be required to submit a report to the House and Senate Veterans Affairs committees detailing its findings, as well as the benefits and risks identified in using the technology.

The mandatory review is expected to include information on how the department’s use of blockchain could improve the way benefits decisions are administered, improve the management and security of veterans’ personal data, streamline the insurance claims process, and “increase transparency and accountability in service delivery.”

The Department of Veterans Affairs has been studying the potential benefits of using distributed ledger technology, with the department emission a request for information in November 2021 seeking input from contractors on how blockchain could be leveraged, in part, to streamline its supply chains and “secure data sharing between institutions.”

The VA’s National Institute of Artificial Intelligence has also valued the use of blockchain, with three of the use cases tested during the 2021 AI tech sprint focused on examining its capabilities.

Mace previously introduced a May bill that would direct Customs and Border Protection to create a public blockchain platform to store and share data collected at U.S. borders.

Lawmakers also proposed additional measures that would push the Department of Veterans Affairs to consider adopting other modernized technologies to improve veteran services.

Rep. David Valadao, R-Calif., introduced legislation in June that would have directed the department to report to lawmakers on how it plans to expand the use of “certain automation tools” to process veterans’ claims. The House of Representatives Subcommittee on Disability Assistance and Memorial Affairs gave a favorable hearing on the congressman’s bill during a Markup of July 23.



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