Law news-Page 21
Developers need to stop crypto hackers — or face regulation in 2023
Third-party data breaches have exploded. The problem? Companies, including cryptocurrency exchanges, don’t know how to protect against them. When exchanges sign new vendors, most just innately expect that their vendors employ the same level of scrutiny as they do. Others don’t consider it at all. In today’s age, it isn’t just a good practice to test for vulnerabilities down the supply chain — it is absolutely necessary. Many exchanges are backed by international financiers and those new to financial technologies. Many are even new to technology altogether, instead backed by venture capitalists looking to get their feet wet in a …
Bitcoin Regulation / Nov. 3, 2022
Saying ‘not financial advice’ won’t keep you out of jail: Crypto lawyers
Crypto influencers may need to practice what they preach and “do their own research” when it comes to sharing their crypto tips. According to several digital asset lawyers, the popular disclaimer “this is not financial advice” — may not actually protect them in the eyes of the law. United-States-based securities lawyer Matthew Nielsen from Bracewell LLP told Cointelegraph that while its “best practice” for influencers to disclose that “this is not financial advice,” simply saying the term will not protect them from the law as the “federal and state securities laws heavily regulate who can offer investment advice.” Australian financial …
Nft / Nov. 2, 2022
Bankman-Fried misguides regulators by directing them away from centralized finance
Last month’s proposal from Sam Bankman-Fried, CEO of crypto exchange FTX, for regulators to establish a litany of standards for the cryptocurrency industry poses an existential threat to decentralized finance (DeFi) platforms and entrepreneurial spirit. As one of a select few with the capital and clout to move the needle in the discussion surrounding crypto regulation, Bankman-Fried, also known as SBF, should be taking a stand to protect DeFi by directing regulators to where they’re urgently needed: centralized finance (CeFi) platforms and centralized exchanges (CEXs). In a section of his blueprint for regulatory oversight and industry standards addressing DeFi, SBF …
Decentralization / Nov. 2, 2022
SEC chair highlights crypto enforcement cases to legal experts
United States Securities and Exchange Commission chair Gary Gensler cited major enforcement actions against crypto firms as part of the “economic realities” of securities regulation. In written remarks for the Practising Law Institute’s Annual Institute on Securities Regulation on Nov. 2, Gensler used examples of SEC enforcement against crypto lending firm BlockFi and a former Coinbase employee in justifying the agency’s actions on violations of U.S. securities laws. Under Gensler, the SEC would take a “treat like cases alike” approach to enforcement actions regardless of the form of securities, funds, or investors. “When BlockFi failed to register the offers and …
Regulation / Nov. 2, 2022
Crypto regulation is 1 of 8 planned priorities under India's G20 presidency, says finance minister
India’s Finance Minister Nirmala Sitharaman said she would love to show that the country is “moving speedily forward” with digital financial technology as it prepares to assume the presidency of the G20. Speaking at the Indian Council for Research on International Economic Relations on Nov. 1, Sitharaman said the people of India have taken to digital technology “as fish to water.” The finance minister added that crypto asset regulation would likely be one of India’s priorities in its leadership of the G20, but needed the support of other members. According to Sitharaman, India needed to work with organizations including the …
Regulation / Nov. 1, 2022
Core Scientific may consider bankruptcy following uncertain financial condition: Report
Bitcoin mining firm Core Scientific is reportedly considering a potential bankruptcy amid a group of its convertible bondholders consulting restructuring lawyers. According to a Nov. 1 report from Bloomberg Law, the Core Scientific bondholders worked with legal firm Paul Hastings following a United States Securities and Exchange Commission filing suggesting financial distress. The Oct. 26 filing indicated that the mining company was unable to meet its financial obligations in late October and early November, citing the low price of Bitcoin (BTC), rising costs of electricity, an increase in the global BTC hash rate and legal issues with crypto lending firm …
Business / Nov. 1, 2022
Coinbase seeks to join Ripple’s legal fight against the SEC
United States-based crypto exchange Coinbase has become the latest organization to stand behind Ripple Labs n its legal battle against the Securities and Exchange Commission (SEC), which could wrap up as soon as the first half of 2023. Paul Grewal, Coinbase’s chief legal officer in a series of tweets on Oct. 31 said the exchange had asked the presiding judge for permission to file an amicus brief, saying the case was a “textbook” definition of “just how critical fair notice is.” Earlier today, @coinbase asked Judge Torres for permission to file an amicus brief in the SEC case over XRP. …
Regulation / Nov. 1, 2022
Blockchain Association throws support behind Ripple in SEC duel
United States-based crypto advocacy group Blockchain Association has come out in support of Ripple Labs amid its ongoing legal battle with the Securities and Exchange Commission (SEC), claiming the case could be very important for the future of the crypto industry. In an Oct. 28 post, the advocacy group announced it will "stand" with the American crypto economy by filing an amicus brief, also known as "friend of the court" in the SEC enforcement action against Ripple. Nearly two years ago, the SEC announced they were suing Ripple (XRP), former CEO Christian Larsen, and current CEO Brad Garlinghouse in Dec. …
Altcoin / Oct. 31, 2022
UK Prime Minister Rishi Sunak's win was a victory for crypto
As the youngest PM to take office in the U.K. in more than 200 years, Sunak has something else in common with his millennial peers: He is a crypto enthusiast. In fact, as a recent Bank of America survey found, “Younger investors are choosing to allocate significantly more of their portfolios to crypto” than their older counterparts. Additionally, those in the 21–42 age bracket are “more likely to believe crypto offers the greatest opportunities for growth” and allocate an average of 15% of their portfolios to crypto investments, compared with the 2% invested by the over-42s. The difference is, of …
Adoption / Oct. 28, 2022
Terra co-founder Do Kwon faces $57-million lawsuit in Singapore
Do Kwon, the co-founder of Terraform Labs who may be facing legal actions in South Korea and the United States, is also the target of a lawsuit in Singapore along with the Luna Foundation Guard, or LFG, and Terra founding member Nicholas Platias. In a lawsuit filed in Singapore’s high court on Sept. 23, 359 individuals alleged Kwon, Platias, LFG, and Terra made fraudulent claims including that Terra’s stablecoin TerraUSD (UST) — now TerraUSD Classic (USTC) — was not “stable by design” and unable to maintain its U.S. dollar peg. The claimants sought compensation for roughly $57 million worth of …
Regulation / Oct. 28, 2022
Does the IMF have a vendetta against cryptocurrencies?
Is the International Monetary Fund (IMF) really hostile to crypto? Many in the cryptocurrency/blockchain space think so. In January, the fund asked El Salvador to drop Bitcoin (BTC) as legal tender. In May, it reportedly pressured Argentina to curtail crypto trading as the price for an IMF loan extension, and it also recently warned the Republic of the Marshall Islands (RMI) that raising a digital currency to the status of legal tender could “raise risks to macroeconomic and financial stability as well as financial integrity.” “I do believe that the IMF is an implacable foe of crypto,” David Tawil, president …
Bitcoin / Oct. 27, 2022
United Kingdom banks hate crypto, and that's bad news for everyone
In 2018, the United Kingdom’s Financial Conduct Authority (FCA) wrote to the heads of the country’s biggest high street banks to emphasize the importance of due diligence when dealing with crypto businesses. That seems to have led to widespread high-risk ratings and bans on crypto-related banking, impacting both crypto businesses hoping to operate in the U.K. and investors alike. Banks are, understandably and responsibly, concerned with scams, but the current situation creates uncertainty. Crypto investors need to be able to move their money around as they like, and crypto businesses need access to payment rails for a variety of other …
Regulation / Oct. 26, 2022