DeCC Day Token 2049 Singapore – Use Cases With Commercial Application

DeCC Day Token 2049 Singapore – Use Cases With Commercial Application

During the Token 2049 week in Singapore, the DeCC event hosted a panel discussion titled “Use Cases with Commercial Applications.” Moderated by Anndy Lian, a book author and governmental blockchain advisor, the panel featured prominent figures in the blockchain industry: Gavin Thomas, Co-Founder of TEN Protocol; Josh Wyant, Founder of Novapolis; Cal, Lead Developer at SquidGrow and SilentSwap; and Juan Mari, CEO of Blok Assets. The discussion delved into the practical applications of blockchain technology, focusing on privacy, regulatory challenges, and the potential for blockchain to revolutionize various industries.

The panel began with introductions, setting the stage for a deep dive into the commercial applications of blockchain. Juan Mari introduced Blok Assets, a firm based in Puerto Rico that builds legal structures within the SEC and FCA frameworks to tokenize assets. Gavin Thomas highlighted TEN Protocol’s work on an encrypted layer 2 for Ethereum, while Josh Wyant described Novapolis as a decentralized cloud platform with a community-centric approach. Cal, representing SilentSwap, explained their focus on privacy swaps powered by the Secret Network, enabling asset exchanges across multiple EVM chains.

The discussion quickly turned to privacy, a critical aspect of blockchain technology. The panelists shared various case studies illustrating the importance of privacy in commercial applications. Gavin Thomas cited the Italian banking system’s use of an enterprise-grade blockchain, which incorporates privacy into its design. He emphasized the potential benefits of moving to public blockchains with confidential computing, which could reduce vendor lock-in and foster competition, ultimately benefiting consumers.

Cal shared insights from SilentSwap’s journey, initially targeting consumer users but later attracting business clients who also required privacy. He highlighted the need for privacy in business transactions, where competitors should not have access to each other’s financial details. This need for privacy extends to various scenarios, such as venture capitalists being copy-traded or competitive traders being front-run by rivals. SilentSwap is now developing a business-to-business SDK to address these privacy concerns.

Juan Mari pointed out the lack of protocols for transfer agents in the tokenization of real-world assets. He stressed the need for a transfer agent with robust data privacy layers, especially when dealing with regulatory bodies like the SEC and FCA. The absence of such a solution presents a significant opportunity for innovation in the blockchain space.

The conversation then shifted to the role of confidential computing in governance and regulatory compliance. The panelists discussed how confidential computing could enable secure voting and other governance applications while maintaining privacy. They acknowledged the challenges governments face in balancing privacy with regulatory requirements, such as anti-money laundering (AML) and know-your-customer (KYC) processes. The panelists emphasized the importance of educating regulators about the benefits of blockchain technology and the potential for confidential computing to enhance security and privacy.

Anndy Lian raised the issue of privacy in the context of meme projects, questioning its importance in such communities. The panelists agreed that privacy remains crucial, even in meme projects, as it allows developers and traders to maintain anonymity and protect their identities. They shared anecdotes of individuals who have faced challenges due to a lack of privacy, underscoring the need for solutions that enable users to control their data and identities.

The panel also addressed the challenges of promoting and educating users about blockchain technology. They noted that many blockchain projects struggle to communicate their value propositions effectively, often using complex terminology that alienates potential users. The panelists suggested simplifying the user experience and abstracting away the complexity of blockchain to drive adoption. They emphasized the need for a “killer app” that showcases the benefits of blockchain without requiring users to understand the underlying technology.

In discussing the future of blockchain, the panelists expressed optimism about its potential to transform industries such as trade finance. They highlighted the inefficiencies in traditional trade finance processes, which involve extensive paperwork and reliance on third parties. Blockchain technology, with its ability to facilitate secure and transparent transactions, could streamline these processes and reduce friction. The panelists envisioned a future where blockchain underpins global trade finance, enabling more efficient and secure transactions.

The panel concluded with a discussion on emerging use cases for decentralized applications (dApps) that offer significant value for commercial adoption. They identified trade finance, real-world asset tokenization, and privacy-preserving advertising as areas ripe for innovation. The panelists also highlighted the potential for confidential computing to extend beyond web 3.0, enabling web 2.0 applications to incorporate privacy-preserving features.

Overall, the panel discussion at DeCC provided valuable insights into the commercial applications of blockchain technology. The panelists highlighted the importance of privacy, the challenges of regulatory compliance, and the potential for blockchain to revolutionize industries. As blockchain technology continues to evolve, it holds the promise of transforming how businesses operate, offering new opportunities for innovation and growth.

Anndy Lian is an early blockchain adopter and experienced serial entrepreneur who is known for his work in the government sector. He is a best selling book author- “NFT: From Zero to Hero” and “Blockchain Revolution 2030”.

Currently, he is appointed as the Chief Digital Advisor at Mongolia Productivity Organization, championing national digitization. Prior to his current appointments, he was the Chairman of BigONE Exchange, a global top 30 ranked crypto spot exchange and was also the Advisory Board Member for Hyundai DAC, the blockchain arm of South Korea’s largest car manufacturer Hyundai Motor Group. Lian played a pivotal role as the Blockchain Advisor for Asian Productivity Organisation (APO), an intergovernmental organization committed to improving productivity in the Asia-Pacific region.

An avid supporter of incubating start-ups, Anndy has also been a private investor for the past eight years. With a growth investment mindset, Anndy strategically demonstrates this in the companies he chooses to be involved with. He believes that what he is doing through blockchain technology currently will revolutionise and redefine traditional businesses. He also believes that the blockchain industry has to be “redecentralised”.

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Session 7: Blockchain Application for Smart Contract and Decentralized Applications by Anndy Lian

Session 7: Blockchain Application for Smart Contract and Decentralized Applications by Anndy Lian

The digital age has ushered in an era of unprecedented technological advancement, and with it, a wave of innovation is sweeping across all sectors, including the often-complex realm of governance. At the forefront of this transformation lies the convergence of cryptocurrency, decentralized applications (dApps), and e-governance, a powerful synergy poised to redefine the relationship between governments and citizens. Anndy Lian, an intergovernmental blockchain expert, shares his views at a training program co-hosted by The Asian Productivity Organization (APO) and the National Productivity Centre (NPCC) of MISTI of Cambodia.

At its core, this transformation is fueled by the principles of decentralization, transparency, and efficiency – values deeply embedded within the architecture of blockchain technology. Unlike traditional centralized systems, where power and control reside in the hands of a few, blockchain operates as a distributed ledger, accessible to all participants. This inherent transparency fosters a new level of accountability, as every transaction, every decision, is recorded immutably and can be publicly verified. For governments grappling with issues of corruption and mistrust, blockchain emerges as a powerful tool to restore faith and ensure ethical conduct.

Beyond transparency, blockchain empowers the creation of automated, efficient systems through the use of smart contracts. These self-executing agreements, encoded on the blockchain, have the potential to revolutionize public services, eliminating bureaucratic bottlenecks and reducing the risk of human error. Imagine a world where applying for permits, receiving government benefits, or registering property is as simple as clicking a button – a world where citizens are no longer bogged down by paperwork and lengthy processing times. Smart contracts can make this vision a reality, streamlining government operations and freeing up resources for more critical tasks.

The burgeoning world of Decentralized Finance (DeFi) offers a compelling glimpse into the transformative potential of these technologies for e-governance. Platforms like PancakeSwap and Aave, built on blockchain networks, have gained immense popularity for their ability to facilitate financial transactions with minimal fees and user-friendly interfaces. These platforms demonstrate how governments could leverage similar principles to create more inclusive and efficient systems for distributing aid, managing public funds, and incentivizing citizen participation in governance initiatives.

One of the key barriers to widespread adoption of these technologies, however, is the perceived complexity of blockchain and cryptocurrency. Many view these as highly technical domains, accessible only to programmers and tech-savvy individuals. However, this perception is rapidly changing with the emergence of user-friendly tools like ChatGPT, which can assist even non-programmers in writing and testing smart contracts. These tools are democratizing access to blockchain technology, empowering individuals and organizations to explore its potential without requiring extensive technical expertise.

While the opportunities are vast, it is crucial to acknowledge the challenges that come with integrating these nascent technologies into existing governance structures. Establishing clear regulatory frameworks for cryptocurrencies, addressing concerns related to security and volatility, and building the necessary technological infrastructure will require careful consideration and collaboration between governments, technologists, and citizens.

Despite these challenges, the potential rewards are too significant to ignore. The convergence of cryptocurrency, dApps, and e-governance represents a paradigm shift in how we think about governance in the digital age. By embracing the principles of decentralization, transparency, and efficiency, governments can harness the power of these technologies to create more responsive, accountable, and citizen-centric societies. The journey may be complex, but the destination – a future where technology empowers and strengthens the very fabric of our democracies – is one worth striving for.

Anndy Lian is an early blockchain adopter and experienced serial entrepreneur who is known for his work in the government sector. He is a best selling book author- “NFT: From Zero to Hero” and “Blockchain Revolution 2030”.

Currently, he is appointed as the Chief Digital Advisor at Mongolia Productivity Organization, championing national digitization. Prior to his current appointments, he was the Chairman of BigONE Exchange, a global top 30 ranked crypto spot exchange and was also the Advisory Board Member for Hyundai DAC, the blockchain arm of South Korea’s largest car manufacturer Hyundai Motor Group. Lian played a pivotal role as the Blockchain Advisor for Asian Productivity Organisation (APO), an intergovernmental organization committed to improving productivity in the Asia-Pacific region.

An avid supporter of incubating start-ups, Anndy has also been a private investor for the past eight years. With a growth investment mindset, Anndy strategically demonstrates this in the companies he chooses to be involved with. He believes that what he is doing through blockchain technology currently will revolutionise and redefine traditional businesses. He also believes that the blockchain industry has to be “redecentralised”.

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Decentralized Transactions Challenge Howey Test’s Application to NFTs

Decentralized Transactions Challenge Howey Test’s Application to NFTs
  • The key question is whether NFTs meet the Howey test criteria for classification as securities under federal laws.
  • In the NFT industry, adopting best practices includes transparency, fraud prevention, respecting intellectual property, and ethical conduct.

Non-fungible tokens (NFTs) are unique digital assets that can represent anything from art and music to virtual land and gaming items. They have exploded in popularity and value in recent years, attracting the attention of celebrities, investors, and regulators alike. The legal status of NFTs remains unclear and controversial, especially in the United States, where the Securities and Exchange Commission (SEC) has the authority to regulate securities and protect investors from fraud and manipulation.

One of the key questions that arises is whether NFTs are securities under the federal securities laws, and specifically, whether they meet the criteria of the Howey test, the legal framework established by the Supreme Court in 1946 to determine whether an instrument is an investment contract and thus a security. Howey test has four elements, I will argue that NFTs are not securities. On top of that, I will also address some of the counterarguments and challenges that NFTs may face in the future, and suggest some possible solutions and recommendations for the industry and the regulators.

NFTs are not investments of money, but rather purchases of digital goods

The first element of the Howey test is whether there is an investment of money or something of value in exchange for the instrument. This element is usually easy to satisfy, as most financial transactions involve some form of payment. However, in the case of NFTs, the payment is not an investment, but rather a purchase of a digital good.

They are not shares, bonds, or derivatives that represent a claim or a right to a future cash flow or a share of profits. Rather, they are digital tokens that prove ownership and authenticity of a unique digital asset. In my point of view, they are similar to other digital goods, such as e-books or music downloads, that consumers buy for personal use and enjoyment, not for investment purposes.

NFTs are not common enterprises, but rather individualized and decentralized transactions

The second element of the Howey test assesses the presence of a common enterprise, where investors’ fortunes are tied to the success of an issuer or third party. However, in the case of NFTs, no such common enterprise exists. Transactions are decentralized and individualized, with various artists and creators minting NFTs across different blockchain networks like Ethereum or Solana. NFT buyers rely on blockchain‘s public ledger to verify authenticity, rather than trusting a specific issuer or promoter.

NFTs do not generate profits, but rather subjective value and utility

The third element of the Howey test concerns whether there’s a reasonable expectation of profits. Unlike traditional investments, NFTs don’t generate income or appreciate based on others’ efforts. Instead, their value comes from subjective qualities like rarity, originality, and cultural significance, rather than anticipated financial returns. NFT buyers don’t expect profits but rather value the assets for their intrinsic qualities and utility.

NFTs are not dependent on the efforts of others, but rather on the creativity and innovation of the creators and the community

The fourth element of the Howey test examines whether profits stem from the efforts of others. Unlike traditional securities, NFT profits aren’t reliant on issuer or third-party services. NFT value is driven by the creativity and innovation of artists and developers, not centralized platforms. Buyers assess and appreciate digital assets based on personal judgment, rather than external influences.

Counterarguments and challenges

Despite the arguments in favor of NFTs, potential challenges from regulators and courts may arise in the future. One such challenge is the classification of certain NFTs as securities under regulatory tests like the Howey or Reves tests. Depending on their characteristics, some NFTs could represent real-world assets or rights, potentially falling under the definition of securities, especially if they promise future cash flows or resemble investment instruments.

Moreover, even if NFTs don’t meet all elements of the Howey test, they might still be deemed securities through a flexible analysis. For instance, if they are marketed as investments or show characteristics of speculative opportunities, they could create expectations of profit, thus falling under securities regulations. Additionally, if buyers pool funds or share risks and rewards, or if the NFTs’ value depends on underlying asset performance, regulators might consider them securities.

Furthermore, beyond securities laws, NFTs could be subject to various other regulations based on their nature and function. Anti-money laundering and sanctions regulations might apply if NFTs facilitate illicit transactions. Tax regulations could come into play if NFT transactions generate taxable income or capital gains. Consumer protection laws might be relevant if NFTs involve deceptive practices or breach contracts. Intellectual property regulations could be triggered if NFTs infringe upon original creators’ rights.

My take: Possible solutions and recommendations

Given the uncertainty and complexity of the legal landscape surrounding NFTs, it is important for the industry and the regulators to work together to find possible solutions and recommendations that can balance the interests and needs of all the stakeholders. Here are some suggestions from me that may help to achieve this goal:

  • Industry stakeholders should adhere to best practices and standards to improve transparency, accountability, and compliance in the NFT market. This includes clear disclosure of terms and conditions for NFT transactions, implementing measures to prevent fraud and illegal activities, and respecting intellectual property rights. Additionally, they should engage in responsible and ethical behavior, avoiding harm to the environment, society, or public interest.
  • Regulators should adopt a flexible approach to regulate the diverse NFT market. Avoiding overly restrictive frameworks is crucial to foster innovation and growth. Recognizing nuances among NFT types and consulting with industry and community for feedback is essential. Continuous monitoring and evaluation of market evolution are necessary to update policies accordingly.

Conclusion

NFTs are a new and exciting phenomenon that has revolutionized the digital economy and culture. They offer unprecedented opportunities and challenges for the creators, consumers, and regulators of the digital assets.

The legal status and implications of NFTs are still unclear and uncertain, and may vary depending on the facts and circumstances of each case. Therefore, it is important to understand and address the potential legal issues and risks that may arise from the creation, distribution, and consumption of NFTs, and to seek appropriate solutions and recommendations that can foster a healthy and sustainable NFT market.

 

Source: https://www.financemagnates.com/cryptocurrency/decentralized-transactions-challenge-howey-tests-application-to-nfts/

Anndy Lian is an early blockchain adopter and experienced serial entrepreneur who is known for his work in the government sector. He is a best selling book author- “NFT: From Zero to Hero” and “Blockchain Revolution 2030”.

Currently, he is appointed as the Chief Digital Advisor at Mongolia Productivity Organization, championing national digitization. Prior to his current appointments, he was the Chairman of BigONE Exchange, a global top 30 ranked crypto spot exchange and was also the Advisory Board Member for Hyundai DAC, the blockchain arm of South Korea’s largest car manufacturer Hyundai Motor Group. Lian played a pivotal role as the Blockchain Advisor for Asian Productivity Organisation (APO), an intergovernmental organization committed to improving productivity in the Asia-Pacific region.

An avid supporter of incubating start-ups, Anndy has also been a private investor for the past eight years. With a growth investment mindset, Anndy strategically demonstrates this in the companies he chooses to be involved with. He believes that what he is doing through blockchain technology currently will revolutionise and redefine traditional businesses. He also believes that the blockchain industry has to be “redecentralised”.

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