Crypto Legislation Might Progress Beyond Talk in 2022
Financial regulators have for years attempted to apply existing laws to the multitude of issues created by digital assets. In 2021, leading federal regulators and members of Congress have begun to call for legislation to address these issues. As a result, 2022 may be the year when federal legislation finally addresses digital asset issues that have been growing since the mining of the first Bitcoin block in 2009.
Digital Asset Regulation in the Absence of Legislation
So far, Congress has left the task of addressing issues created by digital assets to regulatory agencies. Although a Congressional Blockchain Caucus formed in 2016, House and Senate members introduced few bills addressing digital assets until 2018. As of October 2021, Congress has not amended federal laws on financial regulation, which were last significantly revised by the Dodd-Frank Act in 2010, to address digital asset issues.
In the absence of legislation, issues that do not fit well into existing statutes have created problems. An example is the legal status of digital assets, which can be considered to be either securities or commodities, and can even shift from one to the other over time. Years after the SEC’s 2017 report applying the definition of a security to digital tokens, the SEC and the CFTC have yet to clarify the distinction between securities and commodities for the thousands of digital assets in existence.
SEC Chair Gary Gensler has called for Congress to act, stating in August, “We need additional Congressional authorities to prevent transactions, products, and platforms from falling between regulatory cracks.” Gensler has reached out to Sen. Elizabeth Warren (D-Ma.), who has expressed her own concerns about the need for legislation.
Legislation on Digital Assets in 2021
While regulators and members of Congress talked about the need for legislation, and the debate over cryptocurrency tax reporting in the 2021 infrastructure bill generated headlines, House and Senate bills proposing specific solutions to various issues quietly started to emerge.
Digital Token Sales
Several House bills attempt to address securities law barriers to digital token sales—some of them by building on ideas proposed by regulators in past years.
Exclusion from the definition of a security. Congressional Blockchain Caucus members have been introducing bills to exclude digital tokens from the definition of a security since 2018, and they have revived those bills in 2021. They include the Token Taxonomy Act of 2021 (H.R. 1628), successor to identically named bills in 2018 and 2019, and the Securities Clarity Act (H.R. 4451), successor to a 2020 namesake.
Safe harbor. SEC Commissioner Hester Peirce proposed a regulatory safe harbor for token sales in 2020, and two 2021 bills have proposed statutory safe harbors. Rep. Patrick McHenry (R-N.C.), Republican leader of the House Financial Services Committee, introduced a Clarity for Digital Tokens Act of 2021 (H.R. 5496) that would amend the Securities Act to create a safe harbor providing a grace period of exemption from Securities Act registration requirements. The Digital Asset Market Structure and Investor Protection Act (H.R. 4741) from Rep. Don Beyer (D-Va.) would amend the Securities Exchange Act to define a new type of security—a “digital asset security”—and add issuers of digital asset securities to an existing provision for delayed registration of securities.
Stablecoins
Stablecoins—digital currencies linked to the value of the U.S. dollar or other fiat currencies—have not yet been the subject of regulatory action, although Treasury Secretary Janet Yellen and Federal Reserve Chair Jerome Powell have each underscored the need to create a regulatory framework for them. The Beyer bill proposes to create a regulatory regime for stablecoins by amending Title 31 of the U.S. Code. Treasury Department approval would be required for any “digital asset fiat-based stablecoin” to be issued or used, under an application process to be established by Treasury in consultation with the Federal Reserve, the SEC, and the CFTC.
Serious consideration for any of these proposals in the current session of Congress may be unlikely. A spate of autumn bills on crypto ransom payments (S. 2666, S. 2923, S. 2926, H.R. 5501) shows that Congress is more inclined to pay attention first to issues that are more spectacular and less arcane. Moreover, the arcaneness of digital asset regulatory issues is likely only to increase further, now that major industry players such as Coinbase and Andreessen Horowitz are starting to roll out their own regulatory proposals.
Digital Dollar vs. Digital Yuan
Impetus to pass legislation on another type of digital asset, a central bank digital currency (CBDC), may come from a different source: rivalry with China.
China established itself as a world leader in developing a CBDC with a pilot project launched in 2020, and in 2021, the People’s Bank of China announced that its CBDC will be used at the Beijing Winter Olympics in February 2022. Republican Senators responded by calling for the U.S. Olympic Committee to forbid use of China’s CBDC by U.S. athletes in Beijing and introducing a bill (S. 2543) to require a study of its national security implications.
The Beijing Olympics could motivate a legislative mandate to accelerate implementation of a U.S. digital dollar, which the Federal Reserve has been in the process of considering in 2021. Antecedents to such legislation already exist. A House bill sponsored by 46 Republicans (H.R. 4792) has a provision that would require the Treasury Department to assess China’s CBDC project and report on the status of Federal Reserve work on a CBDC, and the Beyer bill includes a provision amending the Federal Reserve Act to authorize issuing a digital dollar.
Both parties are likely to support creating a digital dollar. The Covid-19 pandemic made a digital dollar for delivery of relief payments a popular idea in 2020, and House Democrats introduced bills with provisions for creating one in 2020 and 2021. Bipartisan support for a bill on a digital dollar, based on concerns both foreign and domestic in nature, could result.
International rivalry and bipartisan support may make the digital dollar a gateway issue for digital asset legislation in 2022. Legislative work on a digital dollar may open the door for considering further digital asset issues—including the regulatory issues that have been emerging for years—in 2022 and beyond.
(Edited)
More on Web3 & Crypto
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The Verge
3 years ago
Bored Ape Yacht Club creator raises $450 million at a $4 billion valuation.
Yuga Labs, owner of three of the biggest NFT brands on the market, announced today a $450 million funding round. The money will be used to create a media empire based on NFTs, starting with games and a metaverse project.
The team's Otherside metaverse project is an MMORPG meant to connect the larger NFT universe. They want to create “an interoperable world” that is “gamified” and “completely decentralized,” says Wylie Aronow, aka Gordon Goner, co-founder of Bored Ape Yacht Club. “We think the real Ready Player One experience will be player run.”
Just a few weeks ago, Yuga Labs announced the acquisition of CryptoPunks and Meebits from Larva Labs. The deal brought together three of the most valuable NFT collections, giving Yuga Labs more IP to work with when developing games and metaverses. Last week, ApeCoin was launched as a cryptocurrency that will be governed independently and used in Yuga Labs properties.
Otherside will be developed by “a few different game studios,” says Yuga Labs CEO Nicole Muniz. The company plans to create development tools that allow NFTs from other projects to work inside their world. “We're welcoming everyone into a walled garden.”
However, Yuga Labs believes that other companies are approaching metaverse projects incorrectly, allowing the startup to stand out. People won't bond spending time in a virtual space with nothing going on, says Yuga Labs co-founder Greg Solano, aka Gargamel. Instead, he says, people bond when forced to work together.
In order to avoid getting smacked, Solano advises making friends. “We don't think a Zoom chat and walking around saying ‘hi' creates a deep social experience.” Yuga Labs refused to provide a release date for Otherside. Later this year, a play-to-win game is planned.
The funding round was led by Andreessen Horowitz, a major investor in the Web3 space. It previously backed OpenSea and Coinbase. Animoca Brands, Coinbase, and MoonPay are among those who have invested. Andreessen Horowitz general partner Chris Lyons will join Yuga Labs' board. The Financial Times broke the story last month.
"META IS A DOMINANT DIGITAL EXPERIENCE PROVIDER IN A DYSTOPIAN FUTURE."
This emerging [Web3] ecosystem is important to me, as it is to companies like Meta,” Chris Dixon, head of Andreessen Horowitz's crypto arm, tells The Verge. “In a dystopian future, Meta is the dominant digital experience provider, and it controls all the money and power.” (Andreessen Horowitz co-founder Marc Andreessen sits on Meta's board and invested early in Facebook.)
Yuga Labs has been profitable so far. According to a leaked pitch deck, the company made $137 million last year, primarily from its NFT brands, with a 95% profit margin. (Yuga Labs declined to comment on deck figures.)
But the company has built little so far. According to OpenSea data, it has only released one game for a limited time. That means Yuga Labs gets hundreds of millions of dollars to build a gaming company from scratch, based on a hugely lucrative art project.
Investors fund Yuga Labs based on its success. That's what they did, says Dixon, “they created a culture phenomenon”. But ultimately, the company is betting on the same thing that so many others are: that a metaverse project will be the next big thing. Now they must construct it.
Coinbase
4 years ago
10 Predictions for Web3 and the Cryptoeconomy for 2022
By Surojit Chatterjee, Chief Product Officer
2021 proved to be a breakout year for crypto with BTC price gaining almost 70% yoy, Defi hitting $150B in value locked, and NFTs emerging as a new category. Here’s my view through the crystal ball into 2022 and what it holds for our industry:
1. Eth scalability will improve, but newer L1 chains will see substantial growth — As we welcome the next hundred million users to crypto and Web3, scalability challenges for Eth are likely to grow. I am optimistic about improvements in Eth scalability with the emergence of Eth2 and many L2 rollups. Traction of Solana, Avalanche and other L1 chains shows that we’ll live in a multi-chain world in the future. We’re also going to see newer L1 chains emerge that focus on specific use cases such as gaming or social media.
2. There will be significant usability improvements in L1-L2 bridges — As more L1 networks gain traction and L2s become bigger, our industry will desperately seek improvements in speed and usability of cross-L1 and L1-L2 bridges. We’re likely to see interesting developments in usability of bridges in the coming year.
3. Zero knowledge proof technology will get increased traction — 2021 saw protocols like ZkSync and Starknet beginning to get traction. As L1 chains get clogged with increased usage, ZK-rollup technology will attract both investor and user attention. We’ll see new privacy-centric use cases emerge, including privacy-safe applications, and gaming models that have privacy built into the core. This may also bring in more regulator attention to crypto as KYC/AML could be a real challenge in privacy centric networks.
4. Regulated Defi and emergence of on-chain KYC attestation — Many Defi protocols will embrace regulation and will create separate KYC user pools. Decentralized identity and on-chain KYC attestation services will play key roles in connecting users’ real identity with Defi wallet endpoints. We’ll see more acceptance of ENS type addresses, and new systems from cross chain name resolution will emerge.
5. Institutions will play a much bigger role in Defi participation — Institutions are increasingly interested in participating in Defi. For starters, institutions are attracted to higher than average interest-based returns compared to traditional financial products. Also, cost reduction in providing financial services using Defi opens up interesting opportunities for institutions. However, they are still hesitant to participate in Defi. Institutions want to confirm that they are only transacting with known counterparties that have completed a KYC process. Growth of regulated Defi and on-chain KYC attestation will help institutions gain confidence in Defi.
6. Defi insurance will emerge — As Defi proliferates, it also becomes the target of security hacks. According to London-based firm Elliptic, total value lost by Defi exploits in 2021 totaled over $10B. To protect users from hacks, viable insurance protocols guaranteeing users’ funds against security breaches will emerge in 2022.
7. NFT Based Communities will give material competition to Web 2.0 social networks — NFTs will continue to expand in how they are perceived. We’ll see creator tokens or fan tokens take more of a first class seat. NFTs will become the next evolution of users’ digital identity and passport to the metaverse. Users will come together in small and diverse communities based on types of NFTs they own. User created metaverses will be the future of social networks and will start threatening the advertising driven centralized versions of social networks of today.
8. Brands will start actively participating in the metaverse and NFTs — Many brands are realizing that NFTs are great vehicles for brand marketing and establishing brand loyalty. Coca-Cola, Campbell’s, Dolce & Gabbana and Charmin released NFT collectibles in 2021. Adidas recently launched a new metaverse project with Bored Ape Yacht Club. We’re likely to see more interesting brand marketing initiatives using NFTs. NFTs and the metaverse will become the new Instagram for brands. And just like on Instagram, many brands may start as NFT native. We’ll also see many more celebrities jumping in the bandwagon and using NFTs to enhance their personal brand.
9. Web2 companies will wake up and will try to get into Web3 — We’re already seeing this with Facebook trying to recast itself as a Web3 company. We’re likely to see other big Web2 companies dipping their toes into Web3 and metaverse in 2022. However, many of them are likely to create centralized and closed network versions of the metaverse.
10. Time for DAO 2.0 — We’ll see DAOs become more mature and mainstream. More people will join DAOs, prompting a change in definition of employment — never receiving a formal offer letter, accepting tokens instead of or along with fixed salaries, and working in multiple DAO projects at the same time. DAOs will also confront new challenges in terms of figuring out how to do M&A, run payroll and benefits, and coordinate activities in larger and larger organizations. We’ll see a plethora of tools emerge to help DAOs execute with efficiency. Many DAOs will also figure out how to interact with traditional Web2 companies. We’re likely to see regulators taking more interest in DAOs and make an attempt to educate themselves on how DAOs work.
Thanks to our customers and the ecosystem for an incredible 2021. Looking forward to another year of building the foundations for Web3. Wagmi.
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Neeramitra Reddy
3 years ago
The best life advice I've ever heard could very well come from 50 Cent.
He built a $40M hip-hop empire from street drug dealing.
50 Cent was nearly killed by 9mm bullets.
Before 50 Cent, Curtis Jackson sold drugs.
He sold coke to worried addicts after being orphaned at 8.
Pursuing police. Murderous hustlers and gangs. Unwitting informers.
Despite his hard life, his hip-hop career was a success.
An assassination attempt ended his career at the start.
What sane producer would want to deal with a man entrenched in crime?
Most would have drowned in self-pity and drank themselves to death.
But 50 Cent isn't most people. Life on the streets had given him fearlessness.
“Having a brush with death, or being reminded in a dramatic way of the shortness of our lives, can have a positive, therapeutic effect. So it is best to make every moment count, to have a sense of urgency about life.” ― 50 Cent, The 50th Law
50 released a series of mixtapes that caught Eminem's attention and earned him a $50 million deal!
50 Cents turned death into life.
Things happen; that is life.
We want problems solved.
Every human has problems, whether it's Jeff Bezos swimming in his billions, Obama in his comfortable retirement home, or Dan Bilzerian with his hired bikini models.
All problems.
Problems churn through life. solve one, another appears.
It's harsh. Life's unfair. We can face reality or run from it.
The latter will worsen your issues.
“The firmer your grasp on reality, the more power you will have to alter it for your purposes.” — 50 Cent, The 50th Law
In a fantasy-obsessed world, 50 Cent loves reality.
Wish for better problem-solving skills rather than problem-free living.
Don't wish, work.
We All Have the True Power of Alchemy
Humans are arrogant enough to think the universe cares about them.
That things happen as if the universe notices our nanosecond existences.
Things simply happen. Period.
By changing our perspective, we can turn good things bad.
The alchemists' search for the philosopher's stone may have symbolized the ability to turn our lead-like perceptions into gold.
Negativity bias tints our perceptions.
Normal sparring broke your elbow? Rest and rethink your training. Fired? You can improve your skills and get a better job.
Consider Curtis if he had fallen into despair.
The legend we call 50 Cent wouldn’t have existed.
The Best Lesson in Life Ever?
Neither avoid nor fear your reality.
That simple sentence contains every self-help tip and life lesson on Earth.
When reality is all there is, why fear it? avoidance?
Or worse, fleeing?
To accept reality, we must eliminate the words should be, could be, wish it were, and hope it will be.
It is. Period.
Only by accepting reality's chaos can you shape your life.
“Behind me is infinite power. Before me is endless possibility, around me is boundless opportunity. My strength is mental, physical and spiritual.” — 50 Cent
Khyati Jain
3 years ago
By Engaging in these 5 Duplicitous Daily Activities, You Rapidly Kill Your Brain Cells
No, it’s not smartphones, overeating, or sugar.
Everyday practices affect brain health. Good brain practices increase memory and cognition.
Bad behaviors increase stress, which destroys brain cells.
Bad behaviors can reverse evolution and diminish the brain. So, avoid these practices for brain health.
1. The silent assassin
Introverts appreciated quarantine.
Before the pandemic, they needed excuses to remain home; thereafter, they had enough.
I am an introvert, and I didn’t hate quarantine. There are billions of people like me who avoid people.
Social relationships are important for brain health. Social anxiety harms your brain.
Antisocial behavior changes brains. It lowers IQ and increases drug abuse risk.
What you can do is as follows:
Make a daily commitment to engage in conversation with a stranger. Who knows, you might turn out to be your lone mate.
Get outside for at least 30 minutes each day.
Shop for food locally rather than online.
Make a call to a friend you haven't spoken to in a while.
2. Try not to rush things.
People love hustle culture. This economy requires a side gig to save money.
Long hours reduce brain health. A side gig is great until you burn out.
Work ages your wallet and intellect. Overworked brains age faster and lose cognitive function.
Working longer hours can help you make extra money, but it can harm your brain.
Side hustle but don't overwork.
What you can do is as follows:
Decide what hour you are not permitted to work after.
Three hours prior to night, turn off your laptop.
Put down your phone and work.
Assign due dates to each task.
3. Location is everything!
The environment may cause brain fog. High pollution can cause brain damage.
Air pollution raises Alzheimer's risk. Air pollution causes cognitive and behavioral abnormalities.
Polluted air can trigger early development of incurable brain illnesses, not simply lung harm.
Your city's air quality is uncontrollable. You may take steps to improve air quality.
In Delhi, schools and colleges are closed to protect pupils from polluted air. So I've adapted.
What you can do is as follows:
To keep your mind healthy and young, make an investment in a high-quality air purifier.
Enclose your windows during the day.
Use a N95 mask every day.
4. Don't skip this meal.
Fasting intermittently is trendy. Delaying breakfast to finish fasting is frequent.
Some skip breakfast and have a hefty lunch instead.
Skipping breakfast might affect memory and focus. Skipping breakfast causes low cognition, delayed responsiveness, and irritation.
Breakfast affects mood and productivity.
Intermittent fasting doesn't prevent healthy breakfasts.
What you can do is as follows:
Try to fast for 14 hours, then break it with a nutritious breakfast.
So that you can have breakfast in the morning, eat dinner early.
Make sure your breakfast is heavy in fiber and protein.
5. The quickest way to damage the health of your brain
Brain health requires water. 1% dehydration can reduce cognitive ability by 5%.
Cerebral fog and mental clarity might result from 2% brain dehydration. Dehydration shrinks brain cells.
Dehydration causes midday slumps and unproductivity. Water improves work performance.
Dehydration can harm your brain, so drink water throughout the day.
What you can do is as follows:
Always keep a water bottle at your desk.
Enjoy some tasty herbal teas.
With a big glass of water, begin your day.
Bring your own water bottle when you travel.
Conclusion
Bad habits can harm brain health. Low cognition reduces focus and productivity.
Unproductive work leads to procrastination, failure, and low self-esteem.
Avoid these harmful habits to optimize brain health and function.
Web3Lunch
3 years ago
An employee of OpenSea might get a 40-year prison sentence for insider trading using NFTs.
The space had better days. Those greenish spikes...oh wow, haven't felt that in ages. Cryptocurrencies and NFTs have lost popularity. Google agrees. Both are declining.
As seen below, crypto interest spiked in May because of the Luna fall. NFT interest is similar to early October last year.
This makes me think NFTs are mostly hype and FOMO. No art or community. I've seen enough initiatives to know that communities stick around if they're profitable. Once it starts falling, they move on to the next project. The space has no long-term investments. Flip everything.
OpenSea trading volume has stayed steady for months. May's volume is 1.8 million ETH ($3.3 billion).
Despite this, I think NFTs and crypto will stick around. In bad markets, builders gain most.
Only 4k developers are active on Ethereum blockchain. It's low. A great chance for the space enthusiasts.
An employee of OpenSea might get a 40-year prison sentence for insider trading using NFTs.
Nathaniel Chastian, an OpenSea employee, traded on insider knowledge. He'll serve 40 years for that.
Here's what happened if you're unfamiliar.
OpenSea is a secondary NFT marketplace. Their homepage featured remarkable drops. Whatever gets featured there, NFT prices will rise 5x.
Chastian was at OpenSea. He chose forthcoming NFTs for OpenSeas' webpage.
Using anonymous digital currency wallets and OpenSea accounts, he would buy NFTs before promoting them on the homepage, showcase them, and then sell them for at least 25 times the price he paid.
From June through September 2021, this happened. Later caught, fired. He's charged with wire fraud and money laundering, each carrying a 20-year maximum penalty.
Although web3 space is all about decentralization, a step like this is welcomed since it restores faith in the area. We hope to see more similar examples soon.
Here's the press release.
Understanding smart contracts
@cantino.eth has a Twitter thread on smart contracts. Must-read. Also, he appears educated about the space, so follow him.
