Tag: Blockchain

Dutch court says BTC does have ‘transferable value”

On By mehranmuslimiblogIn Bitcoin, Blockchain, Fintech, GovernmentsLeave a comment

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A Dutch court has made a very important judgement that could positively affect all Bitcoin (BTC) holders. The court ruling came in respect of a plaintiff who was owed 0.591 BTC according to court document, which was released on 20th March.

The plaintiff, Mr. J.W. De Vries lodged the complaint against Koinz Trading BV back in early February. Koinz is not a public company and had already been ordered by a court in the Middle Netherlands jurisdiction to pay Mr de Vries proceeds from mining, the 0.591 BTC, or make a penalty payment of up to €10,000.

It seems that Koinz failed to comply with the court’s demands to pay de Vries in BTC, and as a result were told, “pay up or be declared insolvent.”

What is interesting for those of us involved in the world of cryptocurrency, is the Dutch court’s statement with regard to Bitcoin having “all the characteristics of a property right”, and that therefore any claim to transfer of BTC under property rights is legitimate. The court text reads as follows

“Bitcoin exists, according to the court, from a unique, digitally encrypted series of numbers and letters stored on the hard drive of the right-holder’s computer. Bitcoin is ‘delivered’ by sending bitcoins from one wallet to another wallet. Bitcoins are stand-alone value files, which are delivered directly to the payee by the payer in the event of a payment. It follows that a Bitcoin represents a value and is transferable. In the court’s view, it thus shows characteristics of a property right. A claim for payment in Bitcoin is therefore to be regarded as a claim that qualifies for verification.”

The court also found that there was indisputably a contract between Koinz and Mr de Vries and that because the contract detail was set in Bitcoin, Mr de Vries should be paid in Bitcoin. As Cointelegraph states, “The court considers the legal relationship as a civil obligation to pay.”

The Dutch court’s decision is a step towards recognising Bitcoin as a legitimate currency, however not everyone is going in the same direction, The G20 Financial Stability Board (FSB) also issued a report on 20th March suggesting it is sticking with defining cryptocurrency as ‘assets’ and not a currency as the Dutch court ruling suggests. G20 claims that crypto “lacks the traits of sovereign currencies.” Mark Carnet, Governor of the Bank of England seems to agree with the FSB, because he made a similar statement last month, saying that in his opinion, “cryptocurrency has thus far failed to display the traditional characteristics of money.” He also said, “nobody uses it as a medium of exchange.” That’s not quite true Mr Carney, as the Dutch court judgment and others using BTC to pay for goods and services indicates.

The ICO Chill Factor

On By mehranmuslimiblogIn Bitcoin, Blockchain, Ethereum, Fintech, ICO, Initial Coin OfferingsLeave a comment

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Parts of Western Europe have been at the mercy of the “Beast from the East”, an icy wind that swept down from Siberia bringing havoc in its wake. Now a different kind of chilling wind is blowing in from the USA as regulatory bodies talk about putting ICO token trading on ice for 12 months.

As Mike Lempres, chief legal and risk officer at Coinbase put it, “the market is being chilled.” As crypto entrepreneurs in the U.S. shiver, it seems that months of uncertainty about how the country’s regulatory bodies would approach “wanton market growth” is coming to a head, if perhaps not an end.

Events leading up to this include the SEC’s announcement last week that

it is investigating companies and startups associated with ICOs. As a result, which Brady Dale writes about at Coindesk, “entrepreneurs are largely surrendering on the idea that new cryptocurrencies created and sold to investors could be considered so-called ‘utility tokens,’ a term denoting a digital commodity meant to represent the share of a blockchain protocol.”

However, these companies still have a problem: as yet there are no registered broker-dealers capable of trading security tokens in the U.S. Furthermore, and this view comes from a number f ICO founders, when they do issue tokens under a Schedule D exemption, a 12-month lock-up is still required.

A statement from Nick Ayton, CEO of Chainstarter, who was in a panel discussion at the MIT Bitcoin Expo on 17th-18th March, addressed this issue. He predicted that the SEC will view all tokens as a security and stated: “Most exchanges are listing coins that are securities, and our view is a large number of these exchanges are going to be closed.”

Another voice at the conference, that of Gary Genseler, an MIT professor and former CFTC chair, said: “I think it is without a doubt that numerous exchanges will have to seek exemptions under alternative trading system [rules] because many of the exchanges, not all, have tokens that are securities trading on them.”

Currently, the problem is that even when companies want to comply with the rules, they still don’t know what the rules are. There is some knowledge about what is forbidden, but when it comes to avoiding the wrath of the SEC they are operating in the dark.

Munche is cited as the case that alerted some to what was coming from the SEC. This little known ICO received a bunch of subpoenas from the SEC, requesting information typically includes lists of investors, emails, marketing materials, organisational structure, amounts raised, the location of the funds and the people involved and their locations. In the case of Munchee, “what the federal regulators think of as a utility token and not a security token is so small, and the eye of the needle got even smaller,” said Joshua Klayman, legal counsel at Morrison Foerster.

What will be the end effect of this chill factor in the U.S? Well, Mike Lempres of Coinbase told Congress about one potential scenario if the United States doesn’t “provide a clear, thoughtful regulatory environment, the investment can very quickly move to other countries.”  Perhaps that will encourage the government and its regulatory bodies to bring a little sunshine to its crypto companies.

 

 

 

 

 

Crypto Commandos: The Blockchain Forces vs Big Finance

On By mehranmuslimiblogIn Bitcoin, Blockchain, Economy, FintechLeave a comment

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The last few weeks have seen the forces of Big Finance arranging in battle formation to take on what its ‘generals’ see as the usurper forces on the blockchain.

FUD spreading media

From the initial rumours and misinterpretation of crypto-related announcements from the Far East, the FUD (Fear, Uncertainty, Doubt) statements coming from the international economic summit at Davos to the loud-mouthed Augustin Carstens of the Bank for International Settlements, the institutional forces have been set on destroying Bitcoin and the other coins on the blockchain. It is nothing less than a declaration of war, and those of us who believe in blockchain technology knew it would come one day. How could it not? The blockchain is a threat to the status quo enjoyed by governments and financial institutions since the Medicis got into banking.

Carstens, appropriately portrayed as a ‘fat bastard’ in Cointelegraph, called Bitcoin, “a combination of a bubble, a Ponzi scheme and an environmental disaster.” And he is one of the bankers screaming for more regulation. Of course they want to regulate cryptocurrency. Anything which is outside their control and which might put a dent in their resources is an enemy that must be executed or at least imprisoned. Because that is what regulation will effectively do: it will suck all the revolutionary qualities out of the blockchain and its crypto progeny until its potential to change the world is put back in the box and locked away for good.

It’s a ‘Criminal’ Currency

He’s not the only one who bleats on about the use of cryptocurrency for criminal activities. The mainstream media and the voices it chooses to publish, also keeps coming back to this time and again, demonstrating a massive lack of imagination, not to mention a real paucity of knowledge about the use of cryptocurrency. But, it’s easy to spot why they focus on this: they want to scare the average Joe away from crypto. Perhaps they missed the memo that showed less than one percent of Bitcoin transactions are involved with money laundering. In fact, the big banks handle more dirty money than the blockchain. But, the media doesn’t let that detail get in the way of the ‘criminal’ story.

The Control Freaks

Of course, the FUD coming from the Big Finance forces is emanating from their collective fear of losing control of the established financial system. Without that, how will they line their pockets? It is unthinkable to them that ‘the people’ might have access to an alternative resource that endangers the use of fiat currency. Big Finance may claim that they want regulation in order to protect ‘us’, but those of us who have been supporting blockchain achievements for many years, know that it is the ideology behind the blockchain that instils a terrible fear in the central and national banks.

Two years ago they didn’t care about Bitcoin, neither did the mainstream media; it was for geeks, not for ordinary citizens. But the crypto events of 2017 spurred them into action. A force was coming that had the potential to “replace the current model based on FIAT money and tax collection and change the current economic power system, which earns profits with financial services, interests and transaction fees,” as Abel Colmenares wrote in Cryptocoin News.

Fear is the weapon

Now we can expect crypto regulation to be the buzz topic at the next G20 summit in Argentina, as France and Germany have already announced their intention to push for global Bitcoin regulation. The French Finance Minister, Bruno Le Maire said: “We have a responsibility towards our citizens to explain and reduce the risks.” Lobbyists at the International Monetary Fund are keen to make sure the IMF is on board with ‘world governance’ for cryptocurrencies. All of the arguments in favour of this focus on spreading fear about the new digital currencies without any regard for the benefits it brings.

Paul Gordon, in an article published by Steemit, summed up why Big Finance is waging war against the blockchain: “Cryptocurrencies create two of the most dangerous potentials for individuals and free associations. They create the potential for anonymity and they significantly increase the ability of individuals and free associations to become self-reliant.”

So, far we have just experienced the first skirmish. This may be a protracted war, and whilst the Blockchain Forces may need to rally more troops, the odds are in favour of it winning. Because Big Finance needs the blockchain to evolve, more than people need centralised financial services. This is a war against liberty – which side are you on?

Are celebrity brand ambassadors worth it?

On By mehranmuslimiblogIn Bitcoin, Blockchain, Ethereum, Fintech, ICO, Initial Coin OfferingsLeave a comment

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Generally, having a celebrity endorse your product is a ‘good thing’! Advertisers will give their right arms for a famous face to front their product. In 2017, Paris Hilton, Floyd Mayweather, Ghostface Killah (Wu Tang Clan) and Jamie Foxx were among the celebrities who were most vocal about their support for crypto and ICOs and they all used their social media platforms to let their followers know what they’re doing in the crypto world.

One thing that ICOs who use celebrity endorsements need to note is that if celebrities don’t disclose if they are benefiting from making an endorsement, the Securities and Exchange Commission in the USA may view it as illegal.

And that is what has happened to Bitcoiin2Gen (B2G) ICO, which has been using Steven Seagal to endorse its offering. As reported in Cointelegraph and many other outlets, New Jersey Bureau of Securities (BoS) regulators issued a ‘cease and desist’ order on 7th March and have accused the team behind the ICO of “fraudulently offering unregistered securities in violation of the Securities Law.”

Clearly the B2G team didn’t get the memo from the SEC about the dangers of celebrity endorsements!

The BoS order focused on what it said was “the secretive nature” of Steven Seagal’s involvement with the business and its ICO. A statement from the regulators said:

“The Bitcoin Websites do not disclose what expertise, if any, Steven Seagal has to ensure that the Bitcoiin investments are appropriate and in compliance with federal and state securities laws.”  And added, “Additionally, there are no disclosures as to the nature, scope, and amount of compensation paid by Bitcoiin in exchange for Steven Seagal’s promotion of the Bitcoiin investments.”

Perhaps Seagal was not the best choice of celebrity for a blockchain business, as he is better known as an actor specialising in martial arts, but then none of the other celebrities backing crypto in 2017 are immediately linked to Bitcoin or the blockchain either.

But, it is easy to see where the problem lies from a regulatory perspective. These celebrities have an enormous power over their fans, so when Steven Seagal tweeted on March 6th that B2G would shortly be listed on major exchanges, his fans will take his word as gospel. If he says, “invest in this ICO because I have” in so many words, then that is what his followers will do, and many of them will not be savvy investors who understand the risks and rewards of crypto assets. This is something that the SEC is well aware of, and now it is acting on its previous warnings.

So, whilst a celebrity may do wonders for your alcohol brand or similar consumer item, they are not quite so desirable when it comes to promoting your ICO – unless every aspect of their involvement is completely transparent and regulators can see that they are active in and knowledgeable about the blockchain and cryptocurrency.