1 of 72

CRYPTOCURRENCY AND NFTS:

Regulatory Issues

2 of 72

OUTLINE

  • Web 3 and its aspirations
  • The myth of decentralization
  • The proliferation of scams
  • Regulatory possibilities

3 of 72

WEB 3.0

  • Web 1.0: static webpages, minimal interactivity, users are mere consumers
    • Roughly from the dawn of the internet to 2004

  • Web 2.0: interactive webpages, social media, users as content generators
    • Growth of and market domination by large platforms (Facebook, YouTube, etc)
    • Proliferation of Javascript
    • Roughly from 2004 until the present

  • Web 3.0: ???

4 of 72

WEB 3.0: DEFINITIONS

Immutability (permanence of data)

Anonymity

Collective decision-making

AI, Big Data, Machine-learning

Bottom-up design

Decentralization

5 of 72

Investopedia

Wikipedia

CoinMarketCap

6 of 72

Forbes

NPR

7 of 72

DECENTRALIZATION

  • In this class, we have discussed one of two solutions for the problems of Web 2.0: regulating large tech companies

  • The Web 3.0 solution is to move to a decentralized system where these problems don’t exist
    • The internet would be dominated by democratic organizations rather than corporations

8 of 72

HOW DOES THIS ACTUALLY WORK?

  • Blockchains are “distributed ledgers”

    • Instead of having a central authority (a bank) controlling a single authoritative list of transactions and balances, a blockchain’s balances and transactions are all stored collectively, out in public view
    • It is virtually impossible for anyone to create a false version of the blockchain—any false entry in the chain is trivial to identify
    • It is virtually impossible to falsify a previous transaction
    • And when I say “virtually impossible,” I mean your odds are better to win the lottery 20 times in the next year*
      • *with one caveat, which I’ll come back to later

    • No one can lie about how much money they have, and no one can steal
      • (in theory)

9 of 72

HOW DOES THIS ACTUALLY WORK?

  • Anyone can interact with the blockchain
  • Anyone can make apps that interact with the blockchain
  • Total anonymity if desired
  • No certifications are necessary: everyone is equally trusted
    • “trustless”

  • What Bitcoin has done for finance can be extrapolated to other sectors
    • Imagine a blockchain for social media: no one can be de-platformed, no one can pretend to be someone they aren’t

10 of 72

IS DECENTRALIZATION A GOOD THING?

  • In theory, yes.

  • In practice? Maybe not so much.

11 of 72

DECENTRALIZATION AND REGULATION

  • Decentralized systems are inherently difficult to regulate
  • Blockchains essentially exist as just a protocol–a set of deterministic rules governing transactions.
  • Put together a program that functions according to this protocol, and you’re now part of the collective that is managing the blockchain
  • A licensing scheme would be impossible, by design: it is fundamental to the system that anyone can participate, without any credentials required
  • There is no one in charge, no head office, no jurisdiction of origin

12 of 72

DO WE WANT TO REGULATE?

  • The absence or at least the difficulty of regulation is part of the appeal of decentralization
    • Web 3.0 is all about anti-authoritarianism and resilience to corporate or governmental surveillance and coercion

But let’s look a bit closer at the realities of a decentralized system…

13 of 72

14 of 72

15 of 72

16 of 72

17 of 72

18 of 72

19 of 72

20 of 72

21 of 72

22 of 72

23 of 72

24 of 72

25 of 72

26 of 72

27 of 72

28 of 72

29 of 72

30 of 72

31 of 72

32 of 72

33 of 72

34 of 72

35 of 72

36 of 72

37 of 72

38 of 72

39 of 72

40 of 72

41 of 72

42 of 72

43 of 72

44 of 72

45 of 72

46 of 72

NOVEMBER 2021…

47 of 72

2 MONTHS LATER

48 of 72

49 of 72

50 of 72

51 of 72

52 of 72

53 of 72

54 of 72

55 of 72

56 of 72

57 of 72

58 of 72

REGULATION TODAY

  • You may notice that several of the scams above have resulted in criminal and civil action
  • All of the interaction (that I have found) between cryptocurrencies and the legal system has been through money–laundering regulation and traditional fraud actions

59 of 72

MONEY LAUNDERING REGULATION

  • “Know Your Customer” (KYC)
  • Most money laundering regulations revolve around demanding that financial institutes takes measures to confirm the identity of the customers
  • Crypto exchanges are included in the lists of institutes covered by these laws both in Canada and the US
  • Proceeds of Crime (Money Laundering) and Terrorist Financing Act:
    • s. 5(h) persons and entities that have a place of business in Canada and that are engaged in the business of providing at least one of the following services:
      • (iv) dealing in virtual currencies
    • s. 5(h.1) persons and entities that do not have a place of business in Canada, that are engaged in the business of providing at least one of the following services that is directed at persons or entities in Canada, and that provide those services to their clients in Canada:
      • (iv) dealing in virtual currencies

60 of 72

HOW DOES THIS AFFECT CRYPTO?

  • The “off-ramp”: its easy enough to buy Bitcoin, but how do you turn your bitcoin back into CAD?
  • All major crypto exchanges comply with Canadian KYC regulations when dealing with Canadian investors
  • You are required to prove your identity using multiple forms of ID
  • Your transaction will be denied if your crypto has been through a “tumbler” or has triggered one of many money laundering red flags

61 of 72

62 of 72

63 of 72

WHAT ARE THE IMPACTS OF KYC REGULATION?

  • Does nothing to address the proliferation of scams

  • Greatly reduces many of the benefits of switching to crypto in the first place
    • Less centralized – you have to enter through one of a small set of major, government approved exchanges
    • Anonymity becomes impossible

64 of 72

CRIMINAL FRAUD

  • You may have noticed charges being laid against crypto scammers in the scam section earlier
  • NFT “rug pulls” (when someone publicizes a new NFT project with lots of benefits to participants, “mints” the NFTs, then disappears with all of the money before any of the benefits materialize) are now being prosecuted in the US:�
    • "Rather than providing the benefits advertised to Frosties NFT purchasers, Nguyen and Llacuna transferred the cryptocurrency proceeds of the scheme to various cryptocurrency wallets under their control… the same rules apply to an investment in an NFT or a real estate development. You can’t solicit funds for a business opportunity, abandon that business and abscond with money investors provided you.”
      • -US Dept. of Justice

65 of 72

CRIMINAL FRAUD

  • While I have not seen regulation specifically aimed at fraud in the crypto space, this is conceivably not far away

  • How would this work? Most likely, by demanding that people initiating new projects be accountable to some central authority
    • The decentralized community has proven itself completely incapable of handling the problem so far

66 of 72

ARE DECENTRALIZATION AND REGULATION INHERENTLY INCOMPATIBLE?

  • As the NFT community has sought to prevent rug-pulls and other scams, the only solutions available to them end up looking very centralized
  • OpenSea is the primary marketplace for NFTs, controlling 95% of NFT trading
  • When you get scammed out of your NFT, what do you do?
    • Complain to OpenSea, who will delist your NFT so no one can trade it

When you’re an artist and your work is used in an NFT without your permission, what do you do?

    • Complain to OpenSea, who will delist your NFT so no one can trade it

When someone is outed as a scammer, how do you stop them from scamming others?

    • Complain to OpenSea and the big crypto exchanges to get them blacklisted

67 of 72

ARE DECENTRALIZATION AND REGULATION INHERENTLY INCOMPATIBLE?

  • Another major goal of blockchain-based systems is immutability—unalterable transaction data

  • When a scam is so big that it threatens your community’s survival, what do you do?

  • Previous transactions on the blockchain cannot be altered. However, the chain can split off in two directions—some people say block B is the block that should follow block A, and others say that block C is the right next block

  • Ordinarily, the community quickly and automatically decides which is correct

68 of 72

THE “HARD FORK”

  • However, there is nothing preventing the community from simply going back to a earlier block, when they feel that later blocks should be ignored
  • This is called a “hard fork” – the blockchain splits in two and one side of the split is retroactively discarded
  • How/why does this happen? When a major scam upsets the community, everyone can simply agree to pretend every transaction after a certain point didn’t happen, and “hard fork” back to a state before the scam, and start from there

69 of 72

THE “HARD FORK”

  • Admittedly, this happens fairly rarely. And in a very widely used blockchain like Bitcoin, it probably never will.

  • However, it means blockchains are from from immutable—they’re only immutable so long as the community remains in agreement on which transactions are legitimate

  • Furthermore, the decision to “hard fork” is a collective, de-centralized decision in name only
    • Even if it is done by vote, it is often effectively controlled by the people in charge of the project

70 of 72

HARD FORKS

  • The DAO (July 2016)
    • Ethereum blockchain splits in two to undo a hacker stealing 1/3 of a large project’s funds
    • Democratic decision, but very low voter turnout (5.5%)
    • Some purists still use the older, scammed blockchain today, “Ethereum Classic”

  • Polygon (December 2021)
    • Almost the entirety of the currency in circulation is stolen, effectively ruining the project
    • Project leaders choose to hard fork to save the project with no community input

71 of 72

ETHERIUM’S HARD FORK

  • “The people who continued with Ethereum Classic advocate for blockchain immutability, and the concept that "code is law"[17] against the pro-fork side (Ethereum) which largely argued for extra-protocol intentionality, decentralized decision-making, and conflict resolution.[18]
    • https://en.wikipedia.org/wiki/Ethereum_Classic#Code_is_law

72 of 72

CONCLUSIONS

  • Crypto and NFTs are not as decentralized as their proponents claim them to be, and if they want to become adopted widely they never will be

  • This is due to a fundamental tension between scam-prevention and de-centralization: if you want to prevent scams and punish bad actors, you inevitably need to implement centralized regulatory systems