April 24th, 2023

The 1940s legal test that could pave the way for crypto regulation

Binance USD (BUSD) is a stablecoin issued by New York-based Paxos Trust Company and is backed 1:1 by the US dollar. However, recent regulatory scrutiny by the US Securities and Exchange Commission (SEC) has raised questions about whether BUSD should be considered a security.

There are arguments for and against this, which I’ll dive into in this article. Most interestingly, the Howey Test and legislation from the 1940s could have a key role to play in this most modern of financial disputes.

Security or not security

To begin, it is important to understand what a security is. According to the SEC, a security is any investment contract, note, stock, or instrument that represents an ownership interest in a company, partnership, or investment pool, or that is offered as a means of raising capital.

In the case of BUSD, the SEC issued a notice to Paxos stating that the stablecoin should have been registered as a security.

The regulator argued that BUSD meets the definition of a security because it is offered as a means of raising capital, has the potential for profit or loss, and derives its value from the success of a third party, namely Binance.

However, Paxos has disputed this classification. The company has even threatened litigation.

There are several arguments for why BUSD is not a security. First, BUSD is a stablecoin, which means that its value is pegged to the US dollar.

This pegging makes it less likely to experience the volatility associated with other cryptocurrencies. As a result, BUSD may not meet the definition of an investment contract because it does not have the potential for significant price fluctuations.

Second, BUSD is not an investment in a company or partnership, but it’s a digital asset that represents a claim on a reserve of US dollars held by Paxos. This means that BUSD does not represent an ownership interest in any entity and is not used to raise capital.

Third, BUSD is used primarily as a means of payment and is not marketed as an investment. Unlike securities, which are marketed to investors expecting a profit, BUSD is promoted as a stablecoin used for transactions.

On the other side of the coin (pun intended), there are arguments for security classification.

To start, BUSD is backed by Paxos, which is a regulated financial institution. This means that investors may view the stablecoin as a safe investment, similar to a money market fund or certificate of deposit.

Next, the fact that BUSD derives its value from the success of Binance may be enough to classify it as a security. Investors may be purchasing the asset with the expectation of profit.

Lastly, the fact that BUSD is used primarily as a means of payment does not necessarily stop it from being a security. The SEC has previously classified cryptocurrencies like Bitcoin and Ethereum as commodities, despite their use as a means of payment.

The Howey Test for cryptocurrencies

The Howey Test is a legal standard used to determine whether a financial instrument is a security. There is debate over whether the almost 100-year-old test can be applied to digital assets, so some experts have proposed a modern-day version tailored to cryptocurrencies.

This version would include looking at several factors.

The first – as with the original test – is whether there is an investment of money. However, if a digital asset issuer has not sold any assets to build its project, it is unlikely to be considered a security.

The second factor is whether there is an expectation of profits from the investment. If a digital asset is utility-based and is used for purposes other than investment, such as voting, it is unlikely to be considered a security.

The third factor is whether the investment of money is in a common enterprise. If the project is decentralized and not controlled and operated by a centralized entity, it is unlikely to be considered a security.

The fourth is whether 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 digital asset, it is unlikely to be considered a security.

Improving the Howey Test

One approach to adapting the Howey Test to fit cryptocurrencies better is to examine the underlying tech of the digital asset being scrutinized. This would involve evaluating whether the cryptocurrency is sufficiently decentralized and functional to qualify as a utility token rather than a security.

If a token is used mainly to access a blockchain network or platform, and its value is tied to its use rather than speculation, it may not fit as a security.

The SEC has also brought cases against companies that issue cryptocurrencies but do not meet the requirements of the Howey Test. This suggests to me that the SEC is trying to apply the standard to cryptocurrencies even though it may not be completely apt.

While there are some potential ways to improve the test’s application, the ongoing debate highlights the need for greater clarity and guidance from regulators regarding the treatment of cryptocurrencies.

Seeking clarity

While the Howey Test can serve as a starting point for regulation, it is essential to adapt and refine the rules to better reflect the realities of the cryptocurrency market.

A more nuanced and flexible approach is required to ensure innovation while protecting investors from fraud, and more fleshed out regulatory guidance can establish clarity in the market. To do this, authorities should work collaboratively with industry players.

To end where we started, it’s important to note that BUSD should not be classified as a security. Its main purpose is to serve as a payment method rather than an investment tool, and it’s not structured to produce returns for investors in the same manner as conventional securities.

BUSD’s value – with its link to the US dollar’s value – is meant to remain steady instead of being influenced by the speculative pressures that frequently hit other cryptocurrencies. So, let’s keep it this way.

Source: https://www.techinasia.com/1940s-legal-test-crypto-regulation

Anndy Lian

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”.

www.anndy.com

j j j

April 4th, 2023

Anndy Lian’s Keynote Speech at TMRW Conference Dubai: Web4, A New Way to Decentralise

Decentralised cryptocurrency, a digital currency that operates independently of a central bank or authority, is a concept that has revolutionized the financial world. Transactions are recorded on a public digital ledger, such as a blockchain, and verified by a network of users rather than a single centralized institution. This innovative and decentralised structure allows for increased transparency, security, and autonomy in financial transactions.

But decentralisation is not limited to just cryptocurrency. When we talk about decentralisation, the term web3 often comes up. Web3, also known as the decentralised web or “Web3.0,” is a visionary concept for the future of the internet in which power and control are distributed among users rather than concentrated in a small group of companies or organizations.

The central concept of web3 is decentralisation, which aims to allow users to control their own data and identity, as well as giving them more control over the apps and services they use. It is also thought to have the potential to create new business models and economic opportunities.

Jack Dorsey, co-founder and former CEO of Twitter, Inc., mentioned that web3 is not necessarily decentralised, and I completely agree with his comments. The reality is that the concept of decentralisation is complex and nuanced, and we must continue to explore its potential and limitations in the context of the evolving digital landscape.

We need something more decentralised. My suggestion to this is “Web4”. Web4, or what some refer to as the second generation of the decentralized web, envisions a future internet where power and control are spread across users instead of a select few companies or organizations. Rather than relying on centralized servers and data storage, web4 would utilize cutting-edge decentralized technologies such as blockchain and peer-to-peer networks to create an internet that’s more transparent, secure, and open. With this, users can enjoy greater data privacy, censorship resistance, and ownership of digital assets.

At the heart of web4 is decentralization, which empowers users to manage their data and identity while providing more control over their apps and services. The potential for web4 goes beyond mere convenience and opens doors to new business models and economic opportunities. Furthermore, web4 is intertwined with the burgeoning field of AI, which can complement its decentralized nature in various ways. Think decentralized AI, Federated Learning, Privacy-Preserving AI, Blockchain-based AI, and AI-driven scalability. The possibilities are endless!

Artificial intelligence (AI) could potentially play a crucial role in realizing this vision. Here are some tantalizing possibilities of how Web4 and AI could interact: First up, decentralized AI. Web4 aims to decentralize control on the internet, and that could be applied to AI as well. Decentralized AI systems would enable more distributed decision-making and prevent a single entity from having too much power over AI systems. Talk about leveling the playing field!

Then there’s Federated Learning. Web4 is all about making different technologies and platforms work together seamlessly. Federated learning, a technique where multiple devices, like smartphones, work together to train a shared AI model, could be a perfect fit for Web4. Who knew that smartphones could be such a powerful force for good?

And let’s not forget about Privacy-Preserving AI. Web4 is all about providing users with increased security and privacy. Privacy-preserving AI, which protects users’ data privacy while still allowing for useful AI models to be trained, is the perfect solution to achieve this goal.

Last but not least, we have AI-driven scalability. Web4 aims to handle more data and users by using blockchain technology and sharding concepts, which allows for faster processing of transactions. Deep learning techniques can also be used to optimize the scalability of the network. It’s all about being able to handle more, faster.

As you can see, the potential for Web4 and AI to work together is truly mind-boggling. We can’t wait to see what the future holds!

“I believe in decentralisation. Web4 could be the next big movement.” – Anndy Lian

Anndy Lian

www.anndy.com

j j j

November 18th, 2022

Green and sustainable crypto – Is this the way forward?

Energy consumption has been a major source of criticism in the cryptocurrency business. Ethereum has finally deployed a huge network upgrade that dramatically transforms how the blockchain validates transactions, mints new currency, and secures its network.

This mechanism, known as proof-of-stake, has cut Ethereum energy use by more than 99 per cent. This sounds good. However, Bitcoin is unlikely to follow suit.

Is Bitcoin now green? No, but at least Bitcoin’s emissions of greenhouse gases are down than before. According to the Cambridge Bitcoin Electricity Consumption Index, Bitcoin’s greenhouse gas emissions decreased from 59 metric tons of carbon dioxide equivalent in October 2021 to 48.88 metric tons.

According to research released by Cambridge University’s Centre of Alternative Finance, Bitcoin is failing to go green, with the cryptocurrency recording only modest increases in its use of renewable energy in the year leading up to January.

Powerful computers connected to a worldwide network process Bitcoin transactions and “mine” new tokens in a competition to solve challenging mathematical puzzles. Policymakers, investors, and environmentalists concerned about the process’s impact on global warming criticise it for guzzling electricity and heavily relying on dirty fossil fuels like coal.

Green cryptocurrencies are those whose mining activities are powered by renewable energy sources.

Things are changing, and there are alternatives to make it “greener”

Solar

Currently, solar is said to as “the cheapest energy source.” Solar energy, which has the greatest pace of growth among all energy sources, presently provides three per cent of the world’s electricity while emitting no noise pollution and scaling up easily. Solar energy has global potential, in contrast to comparatively rare geothermal.

According to Bloomberg, a solar power company in South Africa pays investors with cryptocurrency. Sun Exchange allows investors to spend as little as US$4 on solar cells. Although the cost is lower than what would have been charged for electricity from the grid, the customers who receive the renewable energy nevertheless pay the price for a 20-year contract.

Sun Exchange gets a portion of the revenue to pay for installation and upkeep while also turning a profit. Investors are paid the balance. They can receive South African Rands or Bitcoin, with the latter enabling simple cross-border payments to the more than 35,000 participants thus far across 180 countries.

Biomass

Five per cent of US primary consumption, 10 per cent of global energy, and 1.4 per cent of Canada’s electrical production come from biomass. Most of this energy is used for industrial heating and other activities, which have considerable environmental benefits that include enhancing hygiene by reusing waste and lowering greenhouse gas emissions.

Utilising biodegradable materials as fuel for energy production is not out of place in the race for a sustainable Bitcoin mining business. When compared to solar, it might not offer a more significant arbitrage, but buying these energy choices from a position of strength remains the ideal.

Bitcoin Magazine reported that a Dallas, Texas-based hemp processor, Generation Hemp, sees more peer-to-peer in the future for cannabis than just passing around a pre-roll. They have unveiled plans to mine for cryptocurrency using cannabis as fuel.

Hydro

Compared to other renewable energy sources, hydropower has the best energy extraction (conversion) efficiency (up to 90 per cent), is the most dependable, and has the smallest carbon footprint.

Borgo d’Anaunia is a small municipality in the Trentino-Alto Adige area of northern Italy. The 37-year-old Daniele Graziadei became Italy’s first municipality to run a crypto data centre. Another illustration of the use of hydropower is this.

The need to be more green expands to other tokens too

VeChain is working on green initiatives to increase stakeholder involvement, such as the one agreed with the government of San Marino, or to deliver the future of safe and traceable food. According to the project’s current estimating models, VeChain generates 4.58 metric tons of carbon emissions, which is equivalent to the emissions generated by mining a single BTC.

FRZ Solar System (FRZSS) was created to combat the energy issue using blockchain technologies and web innovations. Given that solar energy is limitless, renewable, endless, pollution-free, and inexpensive, the FRZSS intends to popularise solar power plants as the primary power source. The team has also been working with other companies to reduce the cost of electricity generation.

Tezos is a green energy crypto blockchain similar to Ethereum in that it supports smart contracts and can be used to mint NFTs. The low carbon footprint of Tezos means developers and users can prioritise innovation without compromising sustainability. They have increased energy efficiency per-transaction basis by at least 70 per cent.

IMPT is a blockchain-based technology that allows individuals and businesses to swiftly and safely reduce their carbon footprint. Customers can earn carbon credits while buying online. They could even buy them directly from the platform. Furthermore, IMPT should tokenise carbon credits so users can purchase them as NFTs. The NFTs are then recorded into a decentralised ledger that users view to give traceability and transparency.

Back to Bitcoin

The large carbon footprint associated with Bitcoin mining appears to be at odds with any environmental objectives. The demand that limited electricity is used for the real economy and not for Bitcoin mining is justified in light of escalating energy prices and shortages.

Creating new strategies for the most efficient utilisation of resources is necessary. Bitcoin mining has the potential to hasten the global energy transition by serving as a backup energy buyer for the excess power balance.

Additionally, energy power plants constructed with the intention of mining Bitcoin can generate a higher profit than those built to sell the electricity at market rates, mainly when constructed in remote areas with easy access to renewable energy sources but no infrastructure for integrating them into the grid. Plant owners might use these revenues to fund additional clean energy initiatives that support ESG objectives and the world’s increasing demand for electricity.

But for these projects to be successful, Bitcoin generation and the associated value chains would need to be held to a very high standard of accountability and measurability.

Source: https://e27.co/green-and-sustainable-crypto-is-this-the-way-forward-20221114/