Navigating the Privacy Paradox in Web3: Insights from DeCC Day at Consensus 2024

Navigating the Privacy Paradox in Web3: Insights from DeCC Day at Consensus 2024

Web3 privacy emerges as a central theme, often heralded as a fundamental human right yet paradoxically elusive in the digital realm. The DeCC Day panel at Consensus 2024, titled “The Importance of Privacy in Web3,” brought together a diverse group of experts to unravel this complex issue.

Adryenn Ashley, a venture capitalist and founder of Slay Ventures, opened the discussion with a provocative introduction, highlighting her background in creating a dating app that prioritized privacy and consent, leveraging blockchain technology. Her energetic tone set the stage for a dynamic exchange of ideas.

Anndy Lian, a book author and fund manager from Singapore, expressed his passion for privacy, emphasizing its significance in various conferences he attends. His perspective as an author and investor provided a unique lens through which to view the privacy debate.

Seth, known in the crypto community as ‘MineyourBiz,’ identified himself as a privacy advocate to the point of affliction. His commitment to evaluating technologies for market viability and technological soundness has led him to monitor major waves in privacy tech, interviewing many privacy-oriented founders.

Sandy Carter, COO of Unstoppable Domains and founder of Unstoppable Women of Web3 in AI, shared her company’s efforts in creating a digital identity platform that empowers users to control their personal information. She underscored the importance of allowing individuals to decide what they disclose, framing privacy as a choice rather than a given.

The panellists engaged in a spirited debate over the nature of privacy and its perception among individuals and governments. Seth argued that privacy is a universal human desire, transcending cultural and political boundaries. However, Adryenn countered that while individuals crave privacy for themselves, they are equally curious about others’ lives, driven by a systematic craving for information.

The conversation took a turn when Anndy brought up the consumer’s role in the privacy equation. He posited that consumers must care about their privacy for it to be effectively protected, citing the use of Zero-Knowledge Proofs (ZKPs) in blockchain applications as a means to preserve user anonymity while enhancing user experience.

Sandy expanded on this by discussing the role of digital identities in managing privacy settings, allowing users to selectively share information with applications. This approach, she argued, respects the individual’s right to privacy while acknowledging the varying degrees of openness each person is comfortable with.

The panelists also tackled the thorny issue of government surveillance and regulation. Seth highlighted the lack of consideration for privacy in government discussions, often viewed as an inconvenience rather than a necessity. Andy shared insights from his direct advisory role with governments, revealing that while on-chain activities might be challenging to trace, off-chain actions, particularly cashing out to fiat, are transparent and traceable.

As the discussion drew to a close, the panellists agreed on the paramount importance of trust in the relationship between privacy, governments, and the public. Austin Arnold, Co-founder of Altcoin Daily closed the panel by emphasizing that privacy builds confidence and trust, which are crucial for market movement and engagement.

In the digital tapestry of Web3, privacy stands as a beacon of individual autonomy, a principle ardently debated and fiercely defended. The DeCC Day panel at Consensus 2024 illuminated the intricate dance between personal discretion and societal transparency. The discourse traversed the spectrum of privacy—from a fundamental human yearning to a nuanced societal construct, challenging the audience to reconsider their own stances on the matter.

The panellists, each a vanguard in their respective fields, unravelled the privacy paradox with eloquence and insight. They painted a world where privacy is not a relic of the past but a cornerstone of the future—a future where trust is the currency and privacy its mint. The dialogue underscored the imperative for privacy to be more than an afterthought in the Web3 narrative; it must be the plot itself.

As the conversation drew to a close, the consensus was clear: privacy in Web3 is not just about the right to secrecy but the right to agency. It is about crafting a digital realm where individuals navigate with confidence, empowered by the sovereignty over their data. The panel at DeCC Day did not just discuss privacy; they championed it, urging us to envision a Web3 ecosystem that is as secure as it is open, as private as it is communal.

In this era of technological renaissance, the panel’s insights serve as a compass, guiding us toward a more equitable and private digital future. The importance of privacy in Web3, as articulated by these thought leaders, is a clarion call to action—a call to protect what makes us human in a world that is increasingly digital.

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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Modern-Day Version of Howey Test For Cryptocurrencies- How Does It Look Like?

Modern-Day Version of Howey Test For Cryptocurrencies- How Does It Look Like?

Howey test, which the Securities and Exchange Commission uses to decide whether a digital asset should be classed as a security, has certain limitations, according to SEC Commissioner Hester Peirce. I can relate to this statement very much. I felt the same way too, especially when they used the same framework for cryptocurrencies. I will walk you through my thoughts on what should the modern-day version look like.

What is Howey Test?

The Howey test is used by the U.S. Securities and Exchange Commission (SEC) to determine whether a particular financial product or transaction qualifies as an “investment contract.” If a product or transaction is deemed to be an investment contract, it is subject to certain regulatory requirements under federal securities laws.

The test is named after the 1946 Supreme Court case SEC v. W.J. Howey Co., in which the Court established a four-part test to determine whether a transaction qualifies as an investment contract:

1.         It involves an investment of money

2.         There is an expectation of profits from the investment

3.         The investment of money is in a common enterprise

4.         Any profit comes from the efforts of a promoter or third party

If all four of these criteria are met, the transaction is considered an investment contract and is subject to regulation as a security.

What is a Security?

Before we look further, let’s look at what is a security. A security is a financial instrument representing an ownership position in a publicly traded corporation (stock), a creditor relationship with a governmental body or a corporation (bond), or rights to ownership as represented by an option.

There are several types of securities, including:

1.         Stocks: Stocks represent ownership in a company and entitle the holder to a share of the company’s profits.

2.         Bonds: Bonds are a type of debt security that involves borrowing money from an investor for a set period of time at a fixed interest rate.

3.         Options: Options are a type of derivative security that gives the holder the right, but not the obligation, to buy or sell a specific asset at a predetermined price within a specific time frame.

4.         Mutual funds: Mutual funds are investment vehicles that pool money from multiple investors and use that money to buy a diversified portfolio of stocks, bonds, or other securities.

5.         Exchange-traded funds (ETFs): ETFs are investment funds that are traded on stock exchanges, much like stocks. They typically track an index, such as the S&P 500, or a specific sector or theme.

6.         Derivatives: Derivatives are financial instruments that are derived from other assets, such as stocks, bonds, commodities, or currencies. They are used to hedge risk or speculate on the price movements of the underlying asset. Examples of derivatives include futures, options, and swaps.

Howey Test Applied to Cryptocurrencies

The Howey test is a well-established legal test used for decades to determine whether a financial product or transaction qualifies as an investment contract and is subject to regulation as a security. While the test was originally developed in the context of traditional securities, it has also been applied to cryptocurrency and initial coin offerings (ICOs).

The four-part test established by the Howey case has generally been applied to cryptocurrency in the same way as it has been used to traditional securities. However, there may be some nuances or specific considerations that apply specifically to cryptocurrency when applying the Howey test.

For example, the first prong of the test, which requires an investment of money, may be satisfied by the purchase of a cryptocurrency using fiat currency (such as U.S. dollars) or by the exchange of one cryptocurrency for another.

The second prong, which requires an expectation of profits, may be satisfied by the potential appreciation of the cryptocurrency’s value or by the ability to earn returns through the use of the cryptocurrency in a particular platform or network.

The third prong, which requires the investment of money to be in a common enterprise, may be satisfied by the pooling of resources or the use of a shared infrastructure or platform.

The fourth prong, which requires any profits to come from the efforts of a promoter or third party, may be satisfied by the involvement of a central authority or the use of a decentralized autonomous organization (DAO) to manage the cryptocurrency or ICO.

Modern-Day Version of Howey Test for Cryptocurrencies

The above pointers may sound familiar to you. You are a project owner and have spoken to a lawyer before; this is the same advice they gave you. My question now is, since the state of play in cryptocurrencies are changing rapidly, should there be an adapted version for the modern day?

The modern-day version might look something like this:

1.         Is there an investment of money?

If the crypto digital asset issuer has not sold any assets issued to build its project. It is most likely not considered a security.

2.         Is there an expectation of profits from the investment?

If the crypto asset is utility-based, for example, it is used for voting purposes. It is most likely not considered a security.

3.         Is the investment of money in a common enterprise?

If the project is decentralized, it is not controlled and operated by a centralized entity. It is most likely not considered a security.

4.         Are any profit comes from the efforts of a promoter or third party?

If the profit primarily comes from the community which has nothing to do with the issuance of the crypto asset. It is most likely not considered a security.

Reminding all again, when all four criteria are met, the investment is considered a security and is subject to regulatory requirements of the Securities Act of 1933. The application of the Howey test to cryptocurrency may involve considering the specific characteristics and features of the particular cryptocurrency or ICO in question, as well as the broader market and regulatory context in which it operates.

Take some time to do a self-evaluation based on the above thoughts shared. If you have time, you can ask yourself these questions about the tokens you invested. This is a good exercise for self-reference. I am not a lawyer, and none of the written content is formal advice.

“If you are a retail crypto investor- Do your crypto research. Learning about the regulation side of things can help you with your investment decision, avoiding unnecessary issues down the road.

If you are a project and you claim to be decentralized. Please stay decentralized. This will also avoid getting into any regulatory problems.” – Anndy Lian

 

 

Source: https://www.benzinga.com/22/12/30205466/modern-day-version-of-howey-test-for-cryptocurrencies-how-does-it-look-like

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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BWB2022 Day 3 First Mover Stage 앤디 리안Anndy Lian

BWB2022 Day 3  First Mover Stage 앤디 리안Anndy Lian

BWB 2022, hosted by Busan Metropolitan City was held at BEXCO for 3 days from Oct. 27th (Thu.) to the 29th (Sat).

With the theme of “Blockchain, City and Life”, as an extension of last year’s NFT Busan 2021, BWB 2022 featured conferences for the advancement of the blockchain industry and provide a space to obtain insight as well as to share information.

Anndy Lian, Book Author of NFT: From Zero to Hero presented his views on Trends Shaping the Future of NFT.

In his speech, he reminded all to go back to basics.

1. The 5 P’s of Marketing – Product, Price, Promotion, Place and People – are key marketing elements used to position a business strategically. Most of us, whilst still understanding what makes an NFT valuable, have forgotten that these are also the key elements for an NFT project to succeed. The industry is filled with people who are focusing on short-term hypes and price pumps. This is more obvious when the market is bullish; all kinds of projects get a price push upward no matter what you launch and draw.

He went on by saying that the regulation of NFT is a must, and we need to understand its importance.

2. As we can see, the market for NFTs is still growing, and it will take some time until an appropriate regulatory framework for NFTs is put in place. Having said that, governments worldwide have already begun developing NFT norms and standards, proving that they are seriously interested in these digital assets.

Additionally, you should be aware that the phenomenal success of NFTs will undoubtedly result in fraudulent activities. For this reason, it is becoming more and more crucial to conduct your research before purchasing or investing in NFT collections or projects.

3. Lastly, he also hoped that the general public and enthusiasts of NFT should understand what the market is like. Do not just be fooled by fake statistics. He cited NFT wash trading as an example.

Wash trading makes it difficult for non-fungible token enthusiasts to gauge genuine market interest in NFT collections. It also inflates and skews the amount of trading in marketplaces, misleading analysts about what’s going on on trading platforms.

Anndy Lian is an all-rounded business strategist in Asia. He has provided advisory across a variety of industries for local, international, public listed companies and governments. He is an early blockchain adopter and experienced serial entrepreneur, book author, investor, board member and keynote speaker.

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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