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Circle Warns US Cryptocurrency Laws are ‘Chilling Innovation’

Circle warns us cryptocurrency laws are ‘chilling innovation’

Circle Warns US Cryptocurrency Laws are ‘Chilling Innovation’

Goldman Sachs-backed cryptocurrency startup Circle says lack of clarity from U.S. regulators about digital assets is hurting the country’s crypto market.


Regulatory Ambiguity Hurting US Cryptocurrency Market

In a blog post published on Thursday (May 23, 2019), Circle put forward its opinion about the current regulatory environment for cryptocurrencies in the U.S.

According to the cryptocurrency startup, uncertainties caused by conflicting signals from regulatory bodies in the country are frustrating many stakeholders.

Sec bitcoin etf

For Circle, the major part of this frustration comes from the classification of virtual currency tokens as securities. As reported by Bitcoinist, Poloniex, a Circle-owned cryptocurrency exchange recently had to delist nine tokens for U.S. traders only.

On Wednesday (May 22, 2019), Bitcoinist also reported that Circle laid off about 10 percent of its workforce. The company blamed “restrictive” U.S. regulations as the reason for the decision.

“Sufficiently Decentralized” vs. Howey Test

The Securities and Exchange Commission (SEC) has consistently stood by its characterization of most cryptocurrency tokens as securities. This position comes from the Howey Test created in 196 as a guide to determine whether an asset is a security or not.

Critics of this approach like Circle say 20th-century laws are grossly inadequate to cover the many nuances of 21st-century technology. Then, there is also William Hinman’s (SEC’s Director of Corporate Finance) assertion that cryptocurency tokens in a “sufficiently decentralized” network do not represent a security.

Here lies the conundrum; Hinman’s speech back in June 2018 eliminated the second portion of the Howey Test – “reasonable expectation of profit derived from the efforts of others.”

However, the SEC’s current framework states that the first portion of the Howey Test – “monetary investment in a common enterprise,” almost always applies to all digital assets.

The US Risks Falling Behind

The so-called Hinman Test should have created a nuanced interpretation of the Howey Test for crypto tokens. However, it appears the “decentralization defense” may not suffice for cryptocurrency utility tokens.

The post by Circle sums up the bleakness of such an outcome in the excerpt below:

The foreseeable consequence of this is chilling innovation in the U.S. and nudging crypto projects toward jurisdictions with greater regulatory clarity—neither of which is good for U.S. business.

For its part, the company says it will continue to lobby Congress to enact laws that do not stifle innovation. Circle says it is also participating actively in getting key pieces of legislation like the Token Taxonomy Act passed into law.

Five of the top ten largest companies in the world are tech firms based in the U.S. that benefitted greatly from the loose regulations of the early 90s and 2000s.

If more nuanced regulations aren’t introduced in the U.S. the country may not be able to gain dominance in the emerging cryptocurrency landscape.

Do you think the U.S. will enjoy the same level of dominance in the crypto industry as it did in the tech sphere? Let us know in the comments below.


Images via Bitcoinist and Twitter @nic_carter, @Poloniex, @charliebilello

The Rundown

Published at Fri, 24 May 2019 15:00:36 +0000

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Estonia Is One Step Closer to Creating a Digital Nation

Estonia is well on its way to realizing its dream of building a global nation supported by its e-Residency program and its own cryptocurrency.


Digital currencies have definitely taken 2017 by storm. Massive price increases, mainstream adoption and just an overall interest in the benefits of blockchain technology have been some of the key highlights of this year.

It’s not just investors hoping to capitalize on these benefits though, governments can also see the advantages to having a cashless financial system.

Bragging Rights for the First State-Run ICO

Bragging Rights for the First State-Run ICO

Estonia had previously announced its plan to develop its own cryptocurrency, the Estcoin. In addition, the country has plans to launch an ICO for its crypto. If successful, it will be the world’s first state-approved and supported ICO.

According to Futurism, the Estcoin would support the country’s e-Residency initiative, which is a project aimed at creating and fostering a global digital nation. Kaspar Korjus, who is the program’s managing director, explained that essentially, anyone in the world who has Internet access can become a “digital citizen” of Estonia. In addition, these citizens can set up and run their business in the country.

Since its launch, the e-Residency initiative has received over 27,000 applicants from more than 140 countries. In addition, 4,272 companies have been registered.

[youtube https://www.youtube.com/watch?v=1IxLHLEDY0Y?feature=oembed&w=500&h=281]

A Multi-Faceted Token

According to Korjus, the state-operated Estcoin token would have varied uses. He explained:

The community Estcoin would be structured to support the objective of growing our new digital nation by incentivizing more people around the world to apply for and make greater use of e-Residency. This includes encouraging investors and entrepreneurs to use e-Residency as their platform for trusted ICO activity.

These tokens, which cannot be traded, can also be used to facilitate electronic signatures, and for log-in purposes. Even though its value will be connected to that of the euro, it is by no means a substitute for the country’s fiat currency.

Vitalik Buterin, who is the co-founder of Ethereum, gave his opinion on the matter:

[I]f these estcoins are issued on top of a blockchain (they could possibly be issued in multiple formats at the same time, nothing wrong with this) then it would become easy and convenient to use them inside of smart contracts and other applications.

Estcoin Is Part of the Bigger Picture

Estcoin Is Part of the Bigger Picture

Even though countries such as Russia, Israel, and Dubai have plans to launch their own state-controlled digital currencies, Estonia seems to have a clear picture in mind, not just in creating a useful crypto, but incorporating it into a new era in the digital revolution.

Do you think Estonia will succeed in creating a digital nation? Will the Estcoin help with this vision? Let us know in the comments below!


Images courtesy of Shutterstock, e-resident.gov.ee

The post Estonia Is One Step Closer to Creating a Digital Nation appeared first on Bitcoinist.com.