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Cryptocurrencies and the Regulatory Challenge

Author: Allan C. Hutchinson

Publisher: Routledge

Published: 2021-11-10

Total Pages: 188

ISBN-13: 1000466809

As a social process that places great stock in its stability and predictability, law does not deal easily or well with change. In a modern world that is in a constant and rapid state of flux, law is being placed under considerable stress in its efforts to fulfill its task as a primary regulator of social and economic behaviour. This challenge is particularly acute in the realm of technology and its profound ramifications for social and economic behaviour. The innovative Techno-Age not only offers fresh ways of handling old problems, but also throws up entirely new problems; traditional ways of thinking about and responding to these old and new problems and their optimal resolution are no longer as tenable as many once thought. One such example is the burgeoning world of cryptocurrencies – this peer-to-peer digital network presents a profound challenge to the status quo of the financial services sector, to the established modes of state-backed fiat currency, and to the regulatory authority and reach of law. Taken together, these related challenges demand the urgent attention of jurists, lawyers and law reformers. It is the future and relevance of legal regulation as much as cryptocurrency that is at stake. This book proposes an approach to regulating cryptocurrency that recognises and retains its innovative and transformative potential, but also identifies and deals with some of its less appealing qualities and implications.

Blockchain and Cryptocurrency: International Legal and Regulatory Challenges

Author: Dean Armstrong KC

Publisher: Bloomsbury Publishing

Published: 2022-11-21

Total Pages: 457

ISBN-13: 1526521679

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Providing a comprehensive explanation of blockchain, cryptocurrency and the international regulation and challenges that apply, this book introduces the reader to the core topics, including: global regulation of blockchain and cryptoassets; the Internet of Things; the Right to be Forgotten and the right to erasure; environmental, social and governance metrics; smart contracts; initial coin offerings; data protection regulation; Decentralised Autonomous Organisations ('DAOs') and the Metaverse. Written by leading UK experts in cyber law, the Second Edition includes: - fungible and non-fungible cryptoassets ('NFTs') - remedy and tracing strategies - financial hygiene requirements that flow from anti-money laundering - counter-terrorist financing regulations. Explaining the fundamentals of blockchain and cryptocurrency in an accessible and understandable way, and sparking new thinking about how old problems can be solved in new ways, this book is essential reading for anyone wishing to have a wider understanding of this complex and evolving area of law. This title is included in Bloomsbury Professional's Cyber Law online service.

Blockchain and Cryptocurrency

Author: Dean Armstrong

Publisher:

Published: 2019

Total Pages: 359

ISBN-13: 9781526508409

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"The importance of blockchain and cryptocurrencies continually evolving. The first book on this increasingly important topic, it is a pioneering and seminal read which aims to identify regulatory gaps and establish the first applicable legal framework. Written by well-known experts in cyber law, this reference work covers: · Blockchain - IP/ownership/legal consequences of use/areas of regulation · Crypto Assets - Security of wallets/IP/Data Sovereignty · The internet of things - Current regulation/ability of smart cities based on IOT to comply with pending legislation/regulation · The impact of GDPR/DPB · How Blockchain will impact on ownership of raw materials, eg energy, power and water and the legal implications · Comparative international compliance regimes/cross border jurisdiction issues · International cyber enforcement and certification · Decentralised Autonomous Organisations (DAOs) - Regulation and liability Coverage of the FCA/Bank of England/UK Treasury discussion paper for cryptocurrencies is also included and the impact these guidelines will have on possible future regulations. Case studies, flowcharts and handy checklists are also included for ease of use. Essential reading for commercial practitioners, IT and IP practicioners, financial regulatory practitioners, corporate/white collar crime practitioners, property practitioners, in-house counsel, practitioners in private practice, particularly those who advise entrepreneurs, and corporate and individual investors."--Bloomsbury Publishing.

Cryptocurrency Compliance and Operations

Author: Jason Scharfman

Publisher: Springer Nature

Published: 2021-11-26

Total Pages: 251

ISBN-13: 3030880001

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Cryptocurrencies and digital assets are increasingly garnering interest from institutional investors. This is on top of the already strong support in place for cryptocurrencies such as Bitcoin from the retail investor. With this rapid growth has come a series of complex operational and regulatory compliance challenges. These challenges have become further exacerbated by the increasing pace of technological advances in areas such as decentralized finance (DeFi) tokenization, blockchain and distributed ledger technology (DLT) essential to the crypto and digital asset markets. This book will be the first book to provide current and practical guidance on the operational and compliance foundations of crypto investing and asset management. The book will include: · Step-by-step analysis of the modern operational mechanics behind cryptocurrency investment operations · Detailed guidance and example documentation on the procedures launching a crypto fund · Explanation of the operational procedures and compliance requirements for crytpo asset managers · Detailed analysis of crypto anti-money laundering compliance, regulations and laws for cryptocurrencies · Up-to-date analysis of recent crypto case studies, frauds and regulatory enforcement actions · Review of the digital asset landscape including non-fungible tokens (NFTs) and asset tokenization · Current examples of real-world crypto operations policies and compliance manuals · Analysis of the emerging trends in crypto operations and compliance in areas including blockchain, DeFi, crypto lending, yield farming, crypto mining and dApps Cryptocurrency Compliance and Operations will be an invaluable up-to-date resource for investors, fund managers, and their operations and compliance personnel as well as service providers on the implementation and management of best practice operations.

Cryptocurrency Regulation

Author: Immaculate Dadiso Motsi-Omoijiade

Publisher: Routledge

Published: 2022-06-16

Total Pages: 122

ISBN-13: 1000594602

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This work argues that current cryptocurrency regulation, particularly in the areas of enforcement and compliance, is inadequate. It proposes reflexive regulation as an alternative approach. This book provides strategies for a reflexive regulation approach to cryptocurrencies, developed through the identification of the internal self-regulatory mechanisms of the cryptocurrency system. Apportioning blame for current problems to the regulators’ failure to take into account the inherent technical features of cryptocurrencies, the work promotes reflexive regulation in which the law acts at a subsystem-specific level to install, correct, and redefine democratic self-regulatory mechanisms. It provides strategies for this approach, developed through the identification of the internal self-regulatory mechanisms of the cryptocurrency system. These are identified as imbedded in the technical functionality of computer code and consensus-based distributive governance mechanisms respectively. In addition to providing a technical, historical and legal overview of cryptocurrencies, the book concludes by providing recommendations aimed at redirecting code and consensus towards achieving regulatory goals. In this way, it draws from the theory of reflexive law, in order to provide both a substantive and jurisprudential perspective on the regulation of cryptocurrencies and to illustrate how Financial Technology (Fintech) regulation can only be effective once regulators consider both the ‘Fin’ and the ‘tech’ in their regulatory approaches. The book will be of interest to researchers, academics and policy-makers working in the areas of Financial Regulation and Jurisprudence, Financial Crime, Banking Regulation, Information Systems, and Information Technology.

Cryptocurrencies and Cryptoassets

Author: Andrew Haynes

Publisher: Taylor & Francis

Published: 2020-04-28

Total Pages: 214

ISBN-13: 1000064042

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This book examines the legal and regulatory aspects of cryptocurrency and blockchain and the emerging practical issues that these issues involve. The analysis covers a range of advanced economies across the world, in America, Europe and Asia. The book describes, explains and analyses the nature of cryptocurrencies and the blockchain systems they are constructed on in these major world economies and considers relevant law and regulation and their shortcomings. It will be of use and interest to academics, lawyers, regulators and anyone involved with cryptocurrencies and blockchain.

Regulation of Cryptocurrencies and Blockchain Technologies

Author: Rosario Girasa

Publisher: Springer

Published: 2018-06-29

Total Pages: 274

ISBN-13: 3319785095

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The book highlights the rise of Bitcoin, which is based on blockchain technology, and some of the many types of coins and tokens that emerged thereafter. Although Bitcoin and other cryptocurrencies have made national and international news with their dramatic rise and decline in value, nevertheless the underlying technology is being adopted by both industry and governments, which have noted the benefits of speed, cost efficiency, and protection from hacking. Based on numerous downloaded articles, laws, cases, and other materials, the book discusses the digital transformation, the types of cryptocurrencies, key actors, and the benefits and risks. It also addresses legal issues of digital technology and the evolving U.S. federal regulation. The varying treatment by individual U.S. states is reviewed together with attempts by organizations to arrive at a uniform regulatory regime. Both civil and criminal prosecutions are highlighted with an examination of the major cases that have arisen. Whether and how to tax cryptocurrency transactions both in the U.S. and internationally are analyzed, and ends with a speculative narrative of future developments.

Understanding cryptocurrency fraud

Author: Shaen Corbet

Publisher: Walter de Gruyter GmbH & Co KG

Published: 2021-12-06

Total Pages: 217

ISBN-13: 311071857X

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This handbook focuses on the key issues that continue to hinder the formal development of cryptocurrencies as a mainstream financial asset. It primarily examines reputationally damaging events, particularly those related to illicit behavior. The goal of the handbook is to determine whether some of these events could be mitigated by improved or at least coordinated international regulation. The handbook will be useful for specialist technical audiences such as legal, accounting and financial practices. It will also be beneficial for upper level masters and research students in economics, law, accounting, taxation, investment and portfolio management.

Virtual Currencies and Beyond

Author: Mr.Dong He

Publisher: International Monetary Fund

Published: 2016-01-20

Total Pages: 42

ISBN-13: 149836327X

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New technologies are driving transformational changes in the global financial system. Virtual currencies (VCs) and the underlying distributed ledger systems are among these. VCs offer many potential benefits, but also considerable risks. VCs could raise efficiency and in the long run strengthen financial inclusion. At the same time, VCs could be potential vehicles for money laundering, terrorist financing, tax evasion and fraud. While risks to the conduct of monetary policy seem less likely to arise at this stage given the very small scale of VCs, risks to financial stability may eventually emerge as the new technologies become more widely used. National authorities have begun to address these challenges and will need to calibrate regulation in a manner that appropriately addresses the risks without stifling innovation. As experience is gained, international standards and best practices could be considered to provide guidance on the most appropriate regulatory responses in different fields, thereby promoting harmonization and cooperation across jurisdictions.

CryptoDad

Author: J. Christopher Giancarlo

Publisher: John Wiley & Sons

Published: 2021-10-26

Total Pages: 431

ISBN-13: 111985508X

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An insider's account of the rise of digital money and cryptocurrencies Dubbed "CryptoDad" for his impassioned plea to Congress to acknowledge and respect cryptocurrencies as the inevitable product of a fast-growing technological wave and a free marketplace, Chris Giancarlo is considered one of "the most influential individuals in financial regulation." CryptoDad: The Fight for the Future of Money describes Giancarlo’s own reckoning with the future of the global economy—at the intersection of markets, technology, and public policy—and lays out the fight for a Digital Dollar. CryptoDad is Giancarlo's own personal story, detailing his forays into the world of Wall Street to his tenure as the 13th Chairman of the United States Commodity Futures Trading Commission (CFTC), where he pushed for the agency to recognize the digitization of markets. His growing fame as a Twitter presence in this essential debate has given Giancarlo a platform to makes a case for the future of cryptocurrencies as the natural successor to America’s current failing financial market infrastructure. CryptoDad provides readers with: A thorough exploration of digital change and how it affects the lives of everyone in a global economy A revolutionary consideration of regulatory responses to the rapid pace of technological innovation A call to update our aging financial organizations, particularly the infrastructure of money itself, and focus on renewed faith and confidence in free market innovation A foreword by Cameron and Tyler Winklevoss, two of the biggest names in cryptocurrencies CryptoDad argues that the next digital wave will be the coming Internet of Value, where cryptocurrencies will do the Internet of Information did to immaterial things: make them accessible, distributable, and movable instantly across the globe. This book is an ideal introduction to the importance of technology in the marketplace.