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Enforcement Trends in Cryptocurrency
Latham & Watkins Financial Institutions Group & White Collar December 9, 2015 | Number 1904 Defense & Investigations Practice Enforcement Trends in Cryptocurrency Cryptocurrency is on the rise...and so are enforcement actions. In less than a decade, cyptocurrencies have grown from a novelty reserved for those dealing in the illicit into a robust platform embraced by financial institutions and businesses alike. Wall Street and strategic investors have increasingly taken note, working to adapt their technology, streamline market trading and integrate cryptocurrency into everyday financial transactions. The rapid adoption of cryptocurrencies has also led to increased government enforcement activity. These actions evidence US regulators’ appetite to investigate fraud and other violations linked to cryptocurrency — often using traditional laws and regulations. Given this increased government scrutiny, financial institutions and traders should understand how regulators have policed the virtual world in the past in order to be prepared for the future. Government Enforcement Actions in the Cryptocurrency Space Unsurprisingly, government regulators, including the Securities and Exchange Commission (SEC), the Department of Justice (DOJ), the Commodities Futures Trading Commission (CFTC), the Federal Trade Commission (FTC) and the Financial Crimes Enforcement Network (FinCEN), have become increasingly active in policing the cryptocurrency space. The below enforcement actions provide a bird’s-eye view of how the enforcement framework for cryptocurrencies -
Cryptocurrency: the Economics of Money and Selected Policy Issues
Cryptocurrency: The Economics of Money and Selected Policy Issues Updated April 9, 2020 Congressional Research Service https://crsreports.congress.gov R45427 SUMMARY R45427 Cryptocurrency: The Economics of Money and April 9, 2020 Selected Policy Issues David W. Perkins Cryptocurrencies are digital money in electronic payment systems that generally do not require Specialist in government backing or the involvement of an intermediary, such as a bank. Instead, users of the Macroeconomic Policy system validate payments using certain protocols. Since the 2008 invention of the first cryptocurrency, Bitcoin, cryptocurrencies have proliferated. In recent years, they experienced a rapid increase and subsequent decrease in value. One estimate found that, as of March 2020, there were more than 5,100 different cryptocurrencies worth about $231 billion. Given this rapid growth and volatility, cryptocurrencies have drawn the attention of the public and policymakers. A particularly notable feature of cryptocurrencies is their potential to act as an alternative form of money. Historically, money has either had intrinsic value or derived value from government decree. Using money electronically generally has involved using the private ledgers and systems of at least one trusted intermediary. Cryptocurrencies, by contrast, generally employ user agreement, a network of users, and cryptographic protocols to achieve valid transfers of value. Cryptocurrency users typically use a pseudonymous address to identify each other and a passcode or private key to make changes to a public ledger in order to transfer value between accounts. Other computers in the network validate these transfers. Through this use of blockchain technology, cryptocurrency systems protect their public ledgers of accounts against manipulation, so that users can only send cryptocurrency to which they have access, thus allowing users to make valid transfers without a centralized, trusted intermediary. -
Creation and Resilience of Decentralized Brands: Bitcoin & The
Creation and Resilience of Decentralized Brands: Bitcoin & the Blockchain Syeda Mariam Humayun A dissertation submitted to the Faculty of Graduate Studies in partial fulfillment of the requirements for the degree of Doctor of Philosophy Graduate Program in Administration Schulich School of Business York University Toronto, Ontario March 2019 © Syeda Mariam Humayun 2019 Abstract: This dissertation is based on a longitudinal ethnographic and netnographic study of the Bitcoin and broader Blockchain community. The data is drawn from 38 in-depth interviews and 200+ informal interviews, plus archival news media sources, netnography, and participant observation conducted in multiple cities: Toronto, Amsterdam, Berlin, Miami, New York, Prague, San Francisco, Cancun, Boston/Cambridge, and Tokyo. Participation at Bitcoin/Blockchain conferences included: Consensus Conference New York, North American Bitcoin Conference, Satoshi Roundtable Cancun, MIT Business of Blockchain, and Scaling Bitcoin Tokyo. The research fieldwork was conducted between 2014-2018. The dissertation is structured as three papers: - “Satoshi is Dead. Long Live Satoshi.” The Curious Case of Bitcoin: This paper focuses on the myth of anonymity and how by remaining anonymous, Satoshi Nakamoto, was able to leave his creation open to widespread adoption. - Tracing the United Nodes of Bitcoin: This paper examines the intersection of religiosity, technology, and money in the Bitcoin community. - Our Brand Is Crisis: Creation and Resilience of Decentralized Brands – Bitcoin & the Blockchain: Drawing on ecological resilience framework as a conceptual metaphor this paper maps how various stabilizing and destabilizing forces in the Bitcoin ecosystem helped in the evolution of a decentralized brand and promulgated more mainstreaming of the Bitcoin brand. ii Dedication: To my younger brother, Umer. -
Cybersecurity-The Silk Road Market
City University of New York (CUNY) CUNY Academic Works Open Educational Resources Hostos Community College 2020 Cybersecurity-The Silk Road Market Amy J. Ramson CUNY Hostos Community College How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/ho_oers/7 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] CYBERSECURITY: SILK ROAD MARKET These slides describe an account of how the Department of JusEce through the FBI and DEA successfully brought the mastermind, Ross Ulbricht, behind the DARK WEB drug bazaar, SILK ROAD, to jusEce Silk Road Professor Amy Ramson, Esq. This OER material was produced as a result of the PIT-UN network Challenge Grant – New America Creative Commons License This work is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 4.0 License Ulbricht-head of the Silk Road market Ø Ross Ulbricht was born on March 27, 1984 Ø Ulbricht created the Silk Road website in 2011 Ø Ulbricht earned millions of dollars in profits from the commissions collected on purchases Ø Around January 2012, he adopted the username Dread Pirate Roberts referring to the pirate in the popular novel and film The Princess Bride that is passed to whom ever was wearing the mask Ø In order to assure users that posts from by DPR were his own, DPR authenEcated his posts using an electronic signature known as a PGP key. Ø See explanaon of PGP key signature authenEcaon on next slide PGP electronic signature authenEcaon Ø When sending digital signatures, PGP uses an algorithm that generates a hash (a mathemacal summary) which is encrypted with the sender's private key Ø The receiver uses the sender's public key to decrypt the hash code. -
Bitcoin Financial Regulation: Securities, Derivatives, Prediction Markets, and Gambling Jerry Brito [email protected]
digitalcommons.nyls.edu Faculty Scholarship Articles & Chapters 2014 Bitcoin Financial Regulation: Securities, Derivatives, Prediction Markets, and Gambling Jerry Brito [email protected] Houman B. Shadab New York Law School Andrea Castillo Follow this and additional works at: http://digitalcommons.nyls.edu/fac_articles_chapters Part of the Banking and Finance Law Commons, Business Organizations Law Commons, Commercial Law Commons, and the Consumer Protection Law Commons Recommended Citation 16 Colum. Sci. & Tech. L. Rev. 144 (2014-2015) This Article is brought to you for free and open access by the Faculty Scholarship at DigitalCommons@NYLS. It has been accepted for inclusion in Articles & Chapters by an authorized administrator of DigitalCommons@NYLS. 144 COLUM. SCI. & TECH. L. REV [Vol. XVI THE COLUMBIA SCIENCE & TECHNOLOGY LAW REVIEW VOL. XVI STLR.ORG FALL 2014 ARTICLE BITCoIN FINANCIAL REGULATION: SECURITIES, DERIVATIVES, PREDICTION MARKETS, AND GAMBLINGt Jerry Brito*, Houman Shadab,** and Andrea Castillo*** The next major wave of Bitcoin regulation will likely be aimed at financial instruments, including securities and derivatives, as well as prediction markets and even gambling. While there are many easily reglated intermediaries when it comes to traditional securities and derivatives, emerging bitcoin- denominated instruments rely much less on traditional intermediaries such as banks and securities exchanges. Additionally, the block chain technology that Bitcoin introducedfor thefirst time makes completely decentralized markets and exchanges possible, thus eliminating the need for intermediaries in complex financial transactions. In this Article we surey the type of financial instruments and transactions that will most likely be of interest to regulators, including traditional securities and derivatives, new bitcoin-denominatedinstruments, and completely decentralized markets and exchanges. -
How Money Got Free
HOW MONEY GOT FREE BITCOIN AND THE FIGHT FOR THE FUTURE OF FINANCE BRIAN PATRICK EHA Oneworld: Bitcoin has only been around for OW: Over the past several years, you’ve spoken eight years or so. Why is now the right time to do at length with many of the major players in the a deep dive into the history and implications of Bitcoin space: Roger Ver, Charlie Shrem, Nic Cary what some have called not only the money of the and Barry Silbert, to name a few who are profiled Internet but “the Internet of money”? in your book. Whose story resonates with you the most? Brian Eha: While the ultimate fate of Bitcoin is anyone’s guess, we’re well past the point where BE: Charlie’s story resonates with me, because he we know the technology is good for something—it was just a young middle-class guy living with his has been praised by Bill Gates, Ben Bernanke parents in Brooklyn before he discovered Bitcoin. and former Treasury secretary Larry Summers, He co-founded one of the major early Bitcoin among others—so it makes sense to look back at startups, the first to receive serious venture capital its origins and take stock of how we got here. On funding. Of all the major players in those days, he a human level, the story of those who risked their was perhaps the one most gratified by the atten- money, time and freedom to build the foundations tion and most eager for the publicity, fame and of a new economy is fascinating. -
The Legal Status and Regulation of Bitcoin in Australia
The University of Notre Dame Australia ResearchOnline@ND Theses 2017 Future digital money: The legal status and regulation of bitcoin in Australia Chinelle van der Westhuizen Follow this and additional works at: https://researchonline.nd.edu.au/theses Part of the Law Commons COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING The material in this communication may be subject to copyright under the Act. Any further copying or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice. Publication Details van der Westhuizen, C. (2017). Future digital money: The legal status and regulation of bitcoin in Australia (Master of Laws (Thesis)). University of Notre Dame Australia. https://researchonline.nd.edu.au/theses/160 This dissertation/thesis is brought to you by ResearchOnline@ND. It has been accepted for inclusion in Theses by an authorized administrator of ResearchOnline@ND. For more information, please contact [email protected]. The University of Notre Dame Australia School of Law FUTURE DIGITAL MONEY: THE LEGAL STATUS AND REGULATION OF BITCOIN IN AUSTRALIA Chinelle van der Westhuizen LLB, LLM (University of Pretoria) This thesis is submitted in fulfilment of the requirements of the Degree of Master of Laws by Research 2017 DECLARATION This thesis does not, to the best of my knowledge, contain previously published or written material by another person except where due reference is made in the text, or any material previously submitted for a degree in any higher degree institution. _________________________________ Chinelle van der Westhuizen _________________________________ Date i ACKNOWLDEGEMENTS First and foremost, I thank God for his abundant love and goodness throughout this research period and for Blessing me with the talents to endure such a challenging research project. -
Bitcoin and the Uniform Commercial Code Jeanne L
University of Miami Law School Institutional Repository University of Miami Business Law Review 6-1-2016 Bitcoin and the Uniform Commercial Code Jeanne L. Schroeder Follow this and additional works at: http://repository.law.miami.edu/umblr Part of the Banking and Finance Law Commons, and the Commercial Law Commons Recommended Citation Jeanne L. Schroeder, Bitcoin and the Uniform Commercial Code, 24 U. Miami Bus. L. Rev. 1 (2016) Available at: http://repository.law.miami.edu/umblr/vol24/iss3/3 This Article is brought to you for free and open access by Institutional Repository. It has been accepted for inclusion in University of Miami Business Law Review by an authorized administrator of Institutional Repository. For more information, please contact [email protected]. Bitcoin and the Uniform Commercial Code Jeanne L. Schroeder* Much of the discussion of bitcoin in the popular press has concentrated on its status as a currency. Putting aside a vocal minority of radical libertarians and anarchists, however, many bitcoin enthusiasts are concentrating on how its underlying technology – the blockchain – can be put to use for wide variety of uses. For example, economists at the Fed and other central banks have suggested that they should encourage the evolution of bitcoin’s blockchain protocol which might allow financial transactions to clear much efficiently than under our current systems. As such, it also holds out the possibility of becoming that holy grail of commerce – a payment system that would eliminate or minimize the roles of third party intermediaries. In addition, the NASDAQ and a number of issuers are experimenting with using the blockchain to record the issuing and trading of investments securities. -
How Did Dread Pirate Roberts Acquire and Protect His Bitcoin Wealth?
How Did Dread Pirate Roberts Acquire and Protect His Bitcoin Wealth? Dorit Ron and Adi Shamir Department of Computer Science and Applied Mathematics, The Weizmann Institute of Science, Israel {dorit.ron,adi.shamir}@weizmann.ac.il Abstract. The Bitcoin scheme is one of the most popular and talked about alternative payment schemes. It was conceived in 2008 by the mysterious Satoshi Nakamoto, whose real identity remains unknown even though his bitcoin holdings are believed to be worth several hundred million dollars. One of the most active parts of the Bitcoin ecosystem was the Silk Road marketplace, in which highly illegal substances and services were traded. It was run by another mysterious person who called himself Dread Pirate Roberts (DPR), whose bitcoin holdings are also estimated to be worth hundreds of millions of dollars at today's exchange rate. On October 1-st 2013, the FBI arrested a 29 year old person named Ross William Ulbricht, claiming that he is DPR, and seizing a small fraction of his bitcoin wealth. In this paper we use the publicly available record to trace the evolution of his holdings in order to find how he acquired and how he tried to hide them from the authorities. For example, we show that all his income from the months of May, June and September 2013, along with numerous other amounts, were not seized by the FBI. One of the most surprising discoveries we made during our analysis was the existence of a recent substantial transfer (which was worth more than 60,000 dollars when made on March 20-th 2013, and close to a million dollars at today's exchange rate) which may link these two mysterious figures. -
United States District Court Southern District of New York ------X
Case 1:14-cr-00068-KBF Document 21 Filed 03/29/14 Page 1 of 64 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------X UNITED STATES OF AMERICA : 14 Cr. 68 (KBF) - against - : (Electronically Filed) ROSS ULBRICHT, : Defendant. : ------------------------------------------------------X MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT ROSS ULBRICHT’S PRE-TRIAL MOTIONS CHALLENGING THE FACE OF THE INDICTMENT JOSHUA L. DRATEL JOSHUA L. DRATEL, P.C. 29 Broadway, Suite 1412 New York, New York 10006 (212) 732-0707 Attorneys for Defendant Ross Ulbricht – Of Counsel – Joshua L. Dratel Lindsay A. Lewis Whitney Schlimbach Case 1:14-cr-00068-KBF Document 21 Filed 03/29/14 Page 2 of 64 TABLE OF CONTENTS Table of Contents.. i Table of Authorities. iv INTRODUCTION. 1 STATEMENT OF FACTS. 3 ARGUMENT POINT I COUNTS ONE, TWO, AND THREE SHOULD BE DISMISSED BECAUSE THE CONDUCT CHARGED THEREIN AGAINST MR. ULBRICHT DOES NOT STATE AN OFFENSE UNDER THE ENUMERATED STATUTES AND BECAUSE EVEN IF THE CONDUCT DID STATE AN OFFENSE, THOSE STATUTES WOULD BE UNCONSTITUTIONALLY VAGUE AS APPLIED IN THIS CASE. 6 A. The Applicable Law Regarding Challenges to the Sufficiency of an Indictment.. 7 B. The Statutes Cited In Counts One, Two, and Three Do Not Cover the Conduct Alleged Against Mr. Ulbricht.. 9 1. Count One: The Controlled Substances Trafficking Conspiracy. 9 2. Count Two: The Continuing Criminal Enterprise. 13 a. Count Two Fails to Allege Sufficiently That Mr. Ulbricht Occupied a “Position of Organizer, a Supervisory Position, and a Position of Management” Necessary to a CCE Violation.. 14 b. Count Two Fails to Enumerate the Requisite Predicate Series of Violations Necessary to a Violation of 21 U.S.C. -
Perfecting Bitcoin
GEORGIA LAW REVIEW(DO NOT DELETE) 4/27/2018 1:43 PM PERFECTING BITCOIN Kevin V. Tu* Bitcoin is still here. The price of Bitcoin rebounded— setting a record high of $19,783.21 per Bitcoin in December 2017 before dropping to a price of $8,690 per Bitcoin as of March 22, 2018. Moreover, legal and regulatory developments, like New York’s BitLicense and federal taxation of virtual currency as property, can be viewed as legitimizing its use. The normalization of virtual currency is evidenced by its increasingly mainstream applications. Virtual currency can be used as a faster and lower cost method of transferring funds domestically and internationally. A growing number of retailers now accept virtual currency as a method of payment. In addition, more and more investors are trying to capitalize on the price volatility of virtual currency by buying and selling it as a speculative investment. Recognizing the potential of this growing market of users, investment in virtual currency businesses and startups has also risen. Even traditional financial institutions and the New York Stock Exchange have invested—participating in a funding round for Coinbase that raised $75 million dollars. Putting aside the normative question of whether the normalization of virtual currency is desirable, an inescapable truth remains. Virtual currency is a present reality. It has the potential to disrupt a range of traditional industries and implicate a host of legal issues. But to date, the legal and regulatory treatment of virtual currency has been limited. Developments in * Associate Professor of Law, University of Maryland Francis King Carey School of Law. -
Bitcoin Governance As a Decentralized Financial Market Infrastructure
Bitcoin Governance as a Decentralized Financial Market Infrastructure Hossein Nabilou Abstract Bitcoin is the oldest and most widely established cryptocurrency network with the highest market capitalization among all cryptocurrencies. Although bitcoin (with lowercase b) is increasingly viewed as a digital asset belonging to a new asset class, the Bitcoin network (with uppercase B) is a decentralized financial market infrastructure (dFMI) that clears and settles transactions in its native asset without relying on the conventional financial market infrastructures (FMIs). To be a reliable asset class as well as a dFMI, however, Bitcoin needs to have robust governance arrangements; whether such arrangements are built into the protocol (i.e., on-chain governance mechanisms) or relegated to the participants in the Bitcoin network (i.e., off-chain governance mechanisms), or are composed of a combination of both mechanisms (i.e., a hybrid form of governance). This paper studies Bitcoin governance with a focus on its alleged shortcomings. In so doing, after defining Bitcoin governance and its objectives, the paper puts forward an idiosyncratic governance model whose main objective is to preserve and maximize the main value proposition of Bitcoin, i.e., its censorship- resistant property, which allows participants to transact in an environment with minimum social trust. Therefore, Bitcoin governance, including the processes through which Bitcoin governance crises have been resolved and the standards against which the Bitcoin Improvement Proposals (BIPs) are examined, should be analyzed in light of the prevailing narrative of Bitcoin as a censorship-resistant store of value and payment infrastructure. Within such a special governance model, this paper seeks to identify the potential shortcomings in Bitcoin governance by reference to the major governance crises that posed serious threats to Bitcoin in the last decade.