MYBTGWALLET SCAM the Dark Side of the Fork
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American Bar Association Business Law Section Committee on Derivatives and Futures Law
American Bar Association Business Law Section Committee on Derivatives and Futures Law Winter Meeting 2018 Naples, Florida Friday, January 19, 2018 10:15 a.m. to 11:30 a.m. NEW PRODUCTS / FINANCIAL TECHNOLOGY Moderator for the Program: Conrad G. Bahlke, Willkie Farr &Gallagher LLP Speakers: Geoffrey F. Aronow, Sidley Austin LLP Debra W. Cook, Depository Trust & Clearing Corporation Katherine Cooper, Law Office of Katherine Cooper Isabelle Corbett, R3 David Lucking, Allen & Overy LLP Brian D. Quintenz, Commissioner, U.S. Commodity Futures Trading Commission ABA BUSINESS LAW SECTION DERIVATIVES & FUTURES LAW COMMITTEE 2018 WINTER MEETING NEW PRODUCTS / FIN TECH PANEL 2017 Developments in US Regulation of Virtual Currencies and Related Products: Yin and Yang January 5, 2018 By Katherine Cooper1 2017 was a year during which virtual currencies began to move into the mainstream financial markets. This generated significant legal and regulatory developments as U.S. regulators faced numerous novel products attempting to blend the old with the new. Although facing so many novel issues, the regulators’ responses tell a familiar story of the struggle to balance the yin of customer protection with the yang of encouraging financial innovation and competition. Below is a summary of 2017 developments from the SEC, CFTC, OCC, FinCEN and the States. I. Securities and Exchange Commission a. Bitcoin Exchange-Traded Products A number of sponsors of proposed Bitcoin exchange traded products had applications for approval pending before the Securities and Exchange Commission at the beginning of 2017. In March 2017, the SEC rejected a proposal backed by Tyler and Cameron Winklevoss.2 The Bats Exchange proposed a rule amendment which would list the shares of the Winklevoss Bitcoin Trust for trading. -
Rev. Rul. 2019-24 ISSUES (1) Does a Taxpayer Have Gross Income Under
26 CFR 1.61-1: Gross income. (Also §§ 61, 451, 1011.) Rev. Rul. 2019-24 ISSUES (1) Does a taxpayer have gross income under § 61 of the Internal Revenue Code (Code) as a result of a hard fork of a cryptocurrency the taxpayer owns if the taxpayer does not receive units of a new cryptocurrency? (2) Does a taxpayer have gross income under § 61 as a result of an airdrop of a new cryptocurrency following a hard fork if the taxpayer receives units of new cryptocurrency? BACKGROUND Virtual currency is a digital representation of value that functions as a medium of exchange, a unit of account, and a store of value other than a representation of the United States dollar or a foreign currency. Foreign currency is the coin and paper money of a country other than the United States that is designated as legal tender, circulates, and is customarily used and accepted as a medium of exchange in the country of issuance. See 31 C.F.R. § 1010.100(m). - 2 - Cryptocurrency is a type of virtual currency that utilizes cryptography to secure transactions that are digitally recorded on a distributed ledger, such as a blockchain. Units of cryptocurrency are generally referred to as coins or tokens. Distributed ledger technology uses independent digital systems to record, share, and synchronize transactions, the details of which are recorded in multiple places at the same time with no central data store or administration functionality. A hard fork is unique to distributed ledger technology and occurs when a cryptocurrency on a distributed ledger undergoes a protocol change resulting in a permanent diversion from the legacy or existing distributed ledger. -
Crypto-Asset Markets: Potential Channels for Future Financial Stability
Crypto-asset markets Potential channels for future financial stability implications 10 October 2018 The Financial Stability Board (FSB) is established to coordinate at the international level the work of national financial authorities and international standard-setting bodies in order to develop and promote the implementation of effective regulatory, supervisory and other financial sector policies. Its mandate is set out in the FSB Charter, which governs the policymaking and related activities of the FSB. These activities, including any decisions reached in their context, shall not be binding or give rise to any legal rights or obligations under the FSB’s Articles of Association. Contacting the Financial Stability Board Sign up for e-mail alerts: www.fsb.org/emailalert Follow the FSB on Twitter: @FinStbBoard E-mail the FSB at: [email protected] Copyright © 2018 Financial Stability Board. Please refer to: www.fsb.org/terms_conditions/ Contents Executive Summary ................................................................................................................... 1 1. Introduction ......................................................................................................................... 3 2. Primary risks in crypto-asset markets ................................................................................. 5 2.1 Market liquidity risks ............................................................................................... 5 2.2 Volatility risks ......................................................................................................... -
Blockchain Law: the Fork Not Taken
Blockchain Law The fork not taken Robert A. Schwinger, New York Law Journal — November 24, 2020 I shall be telling this with a sigh Somewhere ages and ages hence: Two roads diverged in a wood, and I— I took the one less traveled by, And that has made all the difference. — Robert Frost Is the token holder — often the holder of some form of digital currency — always free to choose which branch of the fork to take? A blockchain is often envisioned as a record of a single continuous Background: ‘Two roads diverged in a sequential series of transactions, like the links of the metaphorical chain from which the term “blockchain” derives. But sometimes yellow wood’ the chain turns out to be not so single or continuous. Sometimes situations can arise where a portion of the chain can branch off A blockchain fork occurs when someone seeks to divide a into a new direction from the original chain, while the original chain blockchain into two branches by changing its source code, which also continues to move forward separately. This presents a choice is possible to do because the code is open. For those users who for the current holders of the digital tokens on that blockchain choose to upgrade their software, the software then “rejects about which direction they wish to follow going forward. In the all transactions from older software, effectively creating a new world of blockchain, this scenario is termed a “fork.” branch of the blockchain. However, those users who retain the old software continue to process transactions, meaning that But is the tokenholder—often the holder of some form of digital there is a parallel set of transactions taking place across two currency—always free to choose which branch of the fork to different chains.” See generally N. -
Review Articles
review articles DOI:10.1145/3372115 system is designed to achieve common Software weaknesses in cryptocurrencies security goals: transaction integrity and availability in a highly distributed sys- create unique challenges in responsible tem whose participants are incentiv- revelations. ized to cooperate.38 Users interact with the cryptocurrency system via software BY RAINER BÖHME, LISA ECKEY, TYLER MOORE, “wallets” that manage the cryptograph- NEHA NARULA, TIM RUFFING, AND AVIV ZOHAR ic keys associated with the coins of the user. These wallets can reside on a local client machine or be managed by an online service provider. In these appli- cations, authenticating users and Responsible maintaining confidentiality of crypto- graphic key material are the central se- curity goals. Exchanges facilitate trade Vulnerability between cryptocurrencies and between cryptocurrencies and traditional forms of money. Wallets broadcast cryptocur- Disclosure in rency transactions to a network of nodes, which then relay transactions to miners, who in turn validate and group Cryptocurrencies them together into blocks that are ap- pended to the blockchain. Not all cryptocurrency applications revolve around payments. Some crypto- currencies, most notably Ethereum, support “smart contracts” in which general-purpose code can be executed with integrity assurances and recorded DESPITE THE FOCUS on operating in adversarial on the distributed ledger. An explosion of token systems has appeared, in environments, cryptocurrencies have suffered a litany which particular functionality is ex- of security and privacy problems. Sometimes, these pressed and run on top of a cryptocur- rency.12 Here, the promise is that busi- issues are resolved without much fanfare following ness logic can be specified in the smart a disclosure by the individual who found the hole. -
Segwit2x –
SegWit2x – A New Statement The Overwhelming power of SegWit2x In order to safeguard the community from an undesired chain split, the upgrade should be overwhelming, but it’s not enough. It should also ‘appear’ as overwhelming. People, businesses and services needs to be certain about what is going to happen and the risks if they won’t follow. My impression is that still too many speaking english people in the western world think the upgrade will be abandoned before or immediately after block 494784 is mined, thus they are going to simply ignore it. That could lead to unprepared patch up and confusion, while naïve users risk to harm themselves. For this reason and for the sake of the Bitcoin community as a whole, we need to show again, clearly and publicly the extent of the support to SegWit2x. We also need to commit ourselves in a widespread communication campaign. I know this is not a strict technical matter, but it could help a lot avoiding technical issues in the future. What we have to do First, we need a new statement from the original NYA signers and all the business, firms and individuals who joined the cause later. That statement should be slightly different from the original NYA though, and I am explaining why. We all know that what Bitcoin is will be ultimately determined by market forces, comprehensive of all the stakeholders involved: businesses, miners, users, developers, traders, investors, holders etc. Each category has its own weight in the process, and everybody has incentives in following the market. -
Transparent and Collaborative Proof-Of-Work Consensus
StrongChain: Transparent and Collaborative Proof-of-Work Consensus Pawel Szalachowski, Daniël Reijsbergen, and Ivan Homoliak, Singapore University of Technology and Design (SUTD); Siwei Sun, Institute of Information Engineering and DCS Center, Chinese Academy of Sciences https://www.usenix.org/conference/usenixsecurity19/presentation/szalachowski This paper is included in the Proceedings of the 28th USENIX Security Symposium. August 14–16, 2019 • Santa Clara, CA, USA 978-1-939133-06-9 Open access to the Proceedings of the 28th USENIX Security Symposium is sponsored by USENIX. StrongChain: Transparent and Collaborative Proof-of-Work Consensus Pawel Szalachowski1 Daniel¨ Reijsbergen1 Ivan Homoliak1 Siwei Sun2;∗ 1Singapore University of Technology and Design (SUTD) 2Institute of Information Engineering and DCS Center, Chinese Academy of Sciences Abstract a cryptographically-protected append-only list [2] is intro- duced. This list consists of transactions grouped into blocks Bitcoin is the most successful cryptocurrency so far. This and is usually referred to as a blockchain. Every active pro- is mainly due to its novel consensus algorithm, which is tocol participant (called a miner) collects transactions sent based on proof-of-work combined with a cryptographically- by users and tries to solve a computationally-hard puzzle in protected data structure and a rewarding scheme that incen- order to be able to write to the blockchain (the process of tivizes nodes to participate. However, despite its unprece- solving the puzzle is called mining). When a valid solution dented success Bitcoin suffers from many inefficiencies. For is found, it is disseminated along with the transactions that instance, Bitcoin’s consensus mechanism has been proved to the miner wishes to append. -
Blockchain Consensus: an Analysis of Proof-Of-Work and Its Applications. Amitai Porat1, Avneesh Pratap2, Parth Shah3, and Vinit Adkar4
Blockchain Consensus: An analysis of Proof-of-Work and its applications. Amitai Porat1, Avneesh Pratap2, Parth Shah3, and Vinit Adkar4 [email protected] [email protected] [email protected] [email protected] ABSTRACT Blockchain Technology, having been around since 2008, has recently taken the world by storm. Industries are beginning to implement blockchain solutions for real world services. In our project, we build a Proof of Work based Blockchain consensus protocol and evauluate how major applications can run on the underlying platform. We also explore how varying network conditions vary the outcome of consensus among nodes. Furthermore, to demonstrate some of its capabilities we created our own application built on the Ethereum blockchain platform. While Bitcoin is by and far the first major cryptocurrency, it is limited in the capabilities of its blockchain as a peer-to-peer currency exchange. Therefore, Ethereum blockchain was the right choice for application development since it caters itself specifically to building decentralized applications that seek rapid deployment and security. 1 Introduction Blockchain technology challenges traditional shared architectures which require forms of centralized governance to assure the integrity of internet applications. It is the first truly democratized, universally accessible, shared and secure asset control architecture. The first blockchain technology was founded shortly after the US financial collapse in 2008, the idea was a decentralized peer-to-peer currency transfer network that people can rely on when the traditional financial system fails. As a result, blockchain largely took off and made its way into large public interest. We chose to investigate the power of blockchain consensus algorithms, primarily Proof of Work. -
Disruption in Digital Currency
FinTech: Disruption in Digital Currency July 23, 2019 © 2019 Winston & Strawn LLP Today’s Webinar Presenters Danielle Williams Basil Godellas Cari Stinebower Partner Partner Partner Charlotte Chicago Washington, D.C. +1 704-350-7790 +1 312-558-7237 +1 202-282-5788 [email protected] [email protected] [email protected] © 2019 Winston & Strawn LLP 2 • More than 2300 crytpocurrencies • Over $290 Billion in market cap • Bitcoin represents more than 50% of the market cap © 2019 Winston & Strawn LLP 3 Cryptocurrency – 2008 to 2019 8/2008 1/2009 5/2010 6/2011 2/2011 2013 2/2014 7/2014 Domain name First Bitcoin Bitcoin used to buy 2 Mount Gox (online Bitcoin criticized First Bitcoin Mount Gox Dell and Newegg bitcoin.org is registered transaction pizzas from Papa Bitcoin exchange) is for Silk Road fork collapses accept Bitcoin John’s raided connection 10/2008 10/2009 8/2010 2/2011 6/2012 10/2013 8/2014 12/2014 the bitcoin designer, New Liberty Bitcoin is Litecoin, Namecoin, Coinbase is First Bitcoin ATM Microsoft accepts BitPay sponsors St. publishes whitepaper, Standard publishes hacked and Swiftcoin launch founded launched in Bitcoin for Xbox Petersburg Bowl “Bitcoin: A peer-to-peer first Bitcoin Vancouver transactions game Electronic Cash System exchange rate 2/2018 1/2014 7/2016 5/2016 7/2017 2017 2018 Lloyds Bank, Halifax, Bank 6/2019 Las Vegas hotels Uber accepts Bidorbuy, a South African Bitcoin forks Skandiabanken Samsung of Scotland, and MBNA Facebook accept Bitcoin Bitcoin in online market, accepts into BTC and recognizes -
Cryptocurrencies and Their Impact on Crime a Brief History of Bitcoin/Crypto
Cryptocurrencies and their impact on crime A Brief History of Bitcoin/Crypto • 2008 Satoshi Nakamoto publishes the Bitcoin whitepaper • 2009 First Bitcoin transaction • 2010 Lazlo Hanyecz paid 10,000 bitcoins for two delivered pizzas • 2011 Bitcoin reached parity with the U.S. dollar for the first time (1 USD = 1 BTC) • 2012 First Bitcoin Halving Day observed • 2013 Total bitcoin market capitalization exceeded $1billion USD for the first time 2 A Brief History of Bitcoin/Crypto • 2014 Tokyo-based bitcoin exchange Mt. Gox begins to collapse • 2015 European Union issued its first ever ruling on bitcoin • 2016 Bitfinex was hacked • 2017 Japan categorized bitcoin as legal tender • 2018 Bitcoin the price dropped 60% • 2019 Hackers stole $41 million in BTC from Binance • 2020 The third bitcoin halving occurred 3 Characteristics of Bitcoin and other Cryptocurrencies • Private • Decentralized • Digital • Cryptocurrency 4 Classic bank payment / BTC payment 5 Bitcoin Blockchain • Highly durable • Highly portable • Highly fungible • Highly divisible • Highly resistant to counterfeiting 6 Bitcoin and Cryptography • A decentralized peer-to-peer network • A public transaction ledger (the blockchain) • Distributed mining and the “Proof-of-Work” consensus algorithm • A decentralized transaction verification system • Cryptographic hash functions • Public Key Cryptography (i.e. ECDSA) 7 Generating a Bitcoin Address https://bitcoinpaperwallet.com 8 Cryptocurrencies • Bitcoin • Bitcoin Cash • Litecoin • Privacy Coins (Monero, Zcash, Dash, Grin) • Ethereum -
Bitwise Asset Management, Inc., NYSE Arca, Inc., and Vedder Price P.C
MEMORANDUM TO: File No. SR-NYSEArca-2019-01 FROM: Lauren Yates Office of Market Supervision, Division of Trading and Markets DATE: March 20, 2019 SUBJECT: Meeting with Bitwise Asset Management, Inc., NYSE Arca, Inc., and Vedder Price P.C. __________________________________________________________________________ On March 19, 2019, Elizabeth Baird, Christian Sabella, Natasha Greiner, Michael Coe, Edward Cho, Neel Maitra, David Remus (by phone), and Lauren Yates from the Division of Trading and Markets; Charles Garrison, Johnathan Ingram, Cindy Oh, Andrew Schoeffler (by phone), Amy Starr (by phone), Sara Von Althann, and David Walz (by phone) from the Division of Corporation Finance; and David Lisitza (by phone) from the Office of General Counsel, met with the following individuals: Teddy Fusaro, Bitwise Asset Management, Inc. Matt Hougan, Bitwise Asset Management, Inc. Hope Jarkowski, NYSE Arca, Inc. Jamie Patturelli, NYSE Arca, Inc. David DeGregorio, NYSE Arca, Inc. (by phone) Tom Conner, Vedder Price P.C. John Sanders, Vedder Price P.C. The discussion concerned NYSE Arca, Inc.’s proposed rule change to list and trade, pursuant to NYSE Arca Rule 8.201-E, shares of the Bitwise Bitcoin ETF Trust. Bitwise Asset Management, Inc. also provided the attached presentation to the Commission Staff. Bitwise Asset Management Presentation to the U.S. Securities and Exchange Commission March 19, 2019 About Bitwise 01 VENTURE INVESTORS Pioneer: Created the world’s first crypto index fund. 02 TEAM BACKGROUNDS Specialist: The only asset we invest in is crypto. 03 Experienced: Deep expertise in crypto, asset management and ETFs. 2 Today’s Speakers Teddy Fusaro Matt Hougan Chief Operating Officer Global Head of Research Previously Senior Vice President and Senior Previously CEO of Inside ETFs. -
ECONOMIC LIMITS of the BLOCKCHAIN Joshua S. Gans Neil
NBER WORKING PAPER SERIES MORE (OR LESS) ECONOMIC LIMITS OF THE BLOCKCHAIN Joshua S. Gans Neil Gandal Working Paper 26534 http://www.nber.org/papers/w26534 NATIONAL BUREAU OF ECONOMIC RESEARCH 1050 Massachusetts Avenue Cambridge, MA 02138 December 2019 We are grateful to Orbs for an academic grant and to Eric Budish and Oded Noam for helpful discussion, suggestions and comments that significantly improved the paper. All opinions (to the extent that they are opinions) are those of the authors. The views expressed herein are those of the authors and do not necessarily reflect the views of the National Bureau of Economic Research. At least one co-author has disclosed a financial relationship of potential relevance for this research. Further information is available online at http://www.nber.org/papers/w26534.ack NBER working papers are circulated for discussion and comment purposes. They have not been peer-reviewed or been subject to the review by the NBER Board of Directors that accompanies official NBER publications. © 2019 by Joshua S. Gans and Neil Gandal. All rights reserved. Short sections of text, not to exceed two paragraphs, may be quoted without explicit permission provided that full credit, including © notice, is given to the source. More (or Less) Economic Limits of the Blockchain Joshua S. Gans and Neil Gandal NBER Working Paper No. 26534 December 2019 JEL No. D00,E50,L10 ABSTRACT This paper extends the blockchain sustainability framework of Budish (2018) to consider proof of stake (in addition to proof of work) consensus mechanisms and permissioned (where the number of nodes are fixed) networks.