Tag Archives: Regulation

cointelegraph.com

The difficulty of getting Bitcoin to catch on in Italy

Italy’s
first Bitcoin ATM was a Lamassu machine, installed in Udine,
a northeastern city nestled between the Alps and the Adriatic
Sea.

(CoinTelegraph) That’s wine country, and you would need plenty of it to wash
down the stuffed gnocchi.
The machine’s owner, Luca Dordolo, is often nearby to assist
anyone who needs help using the machine (it’s located in the hall of his family’s business).
He’s even had the interface translated into the local Friulian language, as
well as Italian.
Dordolo’s vision is to create an Italian hub for Bitcoin, and
his next step at this point is to install more machines around the country.
Obstacles, both legal and cultural, are making this difficult,
though.

Legal Obstacles

First, Dordolo laments the “lack of relevant legislation” in Italy
regarding Bitcoin, forcing him to operate in a grey area with which many
Bitcoin entrepreneurs are familiar.
Before buying that first Lamassu ATM, Dordolo said he had a
pool of attorneys and legal experts advise him on what he could and could not
do. Italy,
they told him, does not regulate Bitcoin itself, nor are there any
know-your-customer regulations, but any transactions above 999.99 EUR need to
be reported.
So, that was the limit he set.
Here is what BitLegal says about Italian legislation:

“The use of electronic
currency is restricted to banks and electronic money institutions — that is,
private legal entities duly authorized and registered by the Central Bank of Italy.
Aside from these developments, Italy
does not regulate Bitcoin use by private individuals, and currently the
implementation of initiatives concerning the use of electronic currencies lies
with the EU.”

Dordolo is not confident Italian law will catch up with the
technology.

“Banca d’Italia is
studying the [Bitcoin] phenomenon, and perhaps — if they were fast — in 10-20
years we could have a law on it.”

Cultural Obstacles
Dealing with murky Italian laws is one thing. Dealing with
local perception is something else entirely, Dordolo said.

“In Italy, we are at the beginning of
Bitcoin’s spreading among the population. There is an interesting Bitcoin
community [in Italy],
but it is still very hard to explain to Italian people the real value that
Bitcoin creates in the economy and the job opportunities it creates.
This is because of
misinformation by the national media that actually regard it as a scam or worst
as associated with criminal deeds.
Even the local Bitcoin
Foundation is not as active as it should be, so whatever can move this
situation is welcome.”

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Ed Moy High Res Hero Full

Former US Mint Chief: Bitcoin a serious challenge to government money

(CoinDesk) Edmund C. Moy, the former director of the US Mint — the government
body responsible for producing the country’s physical coins, made waves
in the bitcoin community this week when he took to Twitter to voice his
enthusiasm for digital currencies.
Moy’s comments were issued in response to the most recent $2.6bn Credit Suisse settlement, in which the Switzerland-based banking giant pleaded guilty to helping clients evade taxes.
In light of this news, the 38th Director of the US Mint went so far as to suggest that digital currency could provide the answer to current problems in the financial system, writing:

However, Moy didn’t stop there. The former member of the Department of Homeland Security took to his blog on 23rd May to issue an entire post on how bitcoin is leading to “a revolution in payment systems”.

Moy wrote:

“Bitcoin,
and the ideas behind it, will be a disruptor to the traditional notions
of currency. In the end, currency will be better for it.”

The
full post lightheartedly addressed bitcoin and its strengths and
weaknesses, with Moy offering a perhaps surprisingly optimistic
assessment of how the technology will impact the global financial
marketplace.

Bitcoin removes government monopolies

Perhaps
most notably, Moy suggested that digital currencies can even help
prevent some of the more severe drawbacks associated with fiat
currencies. In particular, he predicts it will eliminate what he views
as the government monopoly on money, writing:

“It has a
low risk of collapse unlike a sovereign government’s currency (just ask
the Greeks or more broadly, the European Union).”

Moy acknowledged this as a positive, even if he realized the innovation would likely threaten his former employer.
He added: “You can mine your own bitcoins. No mint needed!”

Bitcoin an innovative means of exchange

Moy was also enthusiastic about bitcoin’s potential to offer a new way for global consumers to transact, stating:

“As
a medium of exchange, bitcoin offers several unique innovations to
currency: global nature, infinite divisibility and easy to carry.”

Calling
today’s transaction systems “archaic”, he argued that bitcoin’s ability
to divide effortlessly would allow for new methods of monetization via
micropayments, and that it could eliminate existing barriers to global
markets.

Bitcoin will be a safe store of value

Moy was equally positive about bitcoin as a store of value, saying that he believes bitcoin’s price will become more stable as it’s adopted by mainstream consumers.
However,
he took aim at critics of the idea who believe that government-backed
alternatives are perhaps more secure, saying that the US dollar is
driven mostly by market demand.
As an added benefit, he theorized
bitcoin could even allow governments the ability to dedicate more time
to monetary policy that could positively impact their economies should
it reach its full potential.
To read Moy’s full remarks, read his full post.

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Federal reserve advisory council sheds positive light on Bitcoin

Bitcoin regulation has consistently proved to be a touchy subject inside and out of the bitcoin community.
In February, much of the community rejoiced when Federal Reserve Chairwoman Janet Yellen insisted that the regulatory entity had no authority to when it came to the digital currency.
On the other hand, other enthusiasts say that regulation exactly what bitcoin needs in order to get to the next level in terms of mainstream adoption; one of those being SecondMarket CEO, Barry Silbert. The bitcoin proponent and Bitcoin Investment Trust founder believes that regulation is necessary in order for Wall Street to increase its involvement in the digital currency landscape.

A recently obtained document from a Federal Reserve Advisory Committee meeting early this month has shed some light on this very topic, in return, revealing exactly how the Fed plans on reacting to the relatively new and emerging technology.

The Federal Advisory Council and Board of Governor’s record of meeting devoted a special section of the outline to bitcoin specifically. Among the key topics of concerns listed in respect to the digital currency were whether or not bitcoin has the potential to cause the “disruption of traditional channels of commerce with high potential for illicit use.” In respect to banking, the document also questions the possible “disintermediation of traditional payment networks, promoting shadow transacting.”

In the eyes of the Fed, indications point that the outlook is unanimous in that rather than posing as threat, bitcoin, with increased regulation, may hold promise:

Bitcoin does not present a threat to economic activity by disrupting traditional channels of commerce; rather, it could serve as a boon … Its global transmissibility opens new markets to merchants and service providers … Driving capital flows from the developed to the developing world should increase consumption.

The Federal Advisory Council (FAC) is comprised of twelve elite representatives of the banking industry. The committee meets four times a year, as required, to consult with and advise the Board on all matters within the Board’s jurisdiction. The overall rhetoric among the committee is that the board echoes the voice of Silbert in that the current financial institutions will play a key role in bitcoin’s future. The FAC ‘s conclusion was that, “should [bitcoin] adoption accelerate, banking could participate increasingly in bitcoin fund flows, especially as multicurrency accounts proliferate and reputational concerns subside.”

The FAC’s stance on bitcoin supports a reversal in the plethora of bad news encompassing the digital currency. Following easing tensions in China, the wildly successful Bitcoin2014 conference in Amsterdam, which delivered a surplus of positive news along with several major announcements, bitcoin has surged in value over that past several hours. Prices on Bitstamp rose from an opening of $448.34, while spiking as high as $500.00 mid-day as optimism surrounding the digital currency continues to influence bitcoin’s value.

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Winklevoss twins betting Bitcoin will be bigger than Facebook

(NewsBTC) The duo — who infamously won a multimillion dollar settlement from
Facebook following claims Mark Zuckerberg had ripped off their idea —
says that bitcoin could very well become bigger than Facebook, says The Guardian.

The Winklevoss twins are betting big on bitcoin.

Facebook, of course, is the world’s largest social network — with a user base exceeding one billion.

The two came to learn about bitcoin whilst on holiday in Ibiza, saying they were “fascinated from day one.”

And while bitcoin’s $5.67 billion market cap doesn’t come close to
touching Facebook’s $150 billion cap, the Winklevosses put their faith
in the digital currency for the reason that it has more potential to be
more impactful than a social network.

“Bitcoin potentially could be more impactful because being able to
donate 50 cents to someone across the world has more impact than
potentially sharing a picture,” said Tyler Winklevoss.

“But they’re very different. Facebook is like the internet – a large
company and an application. Bitcoin is a protocol for decentralisation,
so you could build a decentralised company on top of it, a stock market.
It’s an internet of ownership, so it’s not quite a direct comparison.”

For critics who point to bitcoin’s volatility as a reason it can
never be widely successful, the twins say that’s basically a
non-statement.

“Unregulated assets with unclear regulatory landscapes are always
going to be volatile. That’s what unregulated assets do,” said Tyler,
who points to the early days of the Internet as an example of a
technology that can go from an enthusiast’s interest to a worldwide
phenomenon.

The twins, who are working on the own bitcoin ETF (and also recently launched a price index) predict that this is the year Wall Street becomes heavily involved in the bitcoin-o-sphere.

Already, we’re seeing incredibly amounts of investor interest,
especially in the wake of two major price spikes that eventually brought
the price of bitcoin above $1,000 late last year.

The Winklevosses are estimated to own one percent of bitcoins presently in circulation. 

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japan bitcoin flag

Japan to monitor Bitcoin rather than regulate it

japan flag

(CoinReport) Japan’s involvement with bitcoin has taken a massive blow due to all of the negative press surrounding the Japanese failed bitcoin exchange, Mt. Gox. Since then, warnings of the risks involved with dealing in the digital currency have been spread throughout the world by regulators and critics alike.

Japan Will Monitor Bitcoin

However, rather than placing specific laws or regulations attached to how the country should be allowed to use bitcoin, it will just monitor it instead. On Tuesday, the Japanese government claimed that regulating bitcoin wasn’t under their jurisdiction. Sources say that Japan’s Ministry of Economy, Trade and Industry is devising a plan to make it easier to monitor illegal bitcoin activity. Prime Minister Shinzo Abe and his administration identify bitcoin as not being a form of currency. They do identify it as being an electronic payment method.
As most government officials and regulators do, Japan’s warn the public of bitcoin’s potential dangers, such as its uses in money laundering and drug trafficking.

Regulators Warn of Bitcoin

While Japan has no plans to enforce rules over bitcoin, other regulators feel that regulation over the digital currency is the only way for it to be safe enough for investors to get into. On the other hand, some feel bitcoin isn’t safe enough to implement into our economy, but for those that want in, they should do their homework first. Indiana Secretary of State, Connie Lawson claims that:

“The value of virtual currencies is highly volatile, and the concept behind the currency is difficult to understand even for sophisticated financial experts.”

Though this may be true in some cases, that doesn’t mean people can’t figure it out for themselves. Bitcoin was foreign to every enthusiast at one point in time. Like with all new concepts and innovations, time is needed to get acquainted with the technology. Once upon a time, even the Internet sounded dangerous and ludicrous idea. Regulators, whether in Japan or the U.S., need to stop putting fear in people and let bitcoin have an organic chance at success.

Open your free digital wallet here to store your cryptocurrencies in a safe place.

Satoshi

Bitcoin Regulation Update – 03/07/14

(BitcoinMagazine) This
week saw the outing (or not) of Satoshi Nakamoto, Bitcoin’s alleged
inventor, who is said to have abruptly disappeared from the online
forums he was known to frequent in Bitcoin’s early days. Though the man
alleged to be Nakamoto, who was living under a different name in the
United States, denied involvement with Bitcoin, Newsweek, the
publication that broke the story, stands behind their work. The early
response from the online Bitcoin community could best be described as a
low grade form of moral outrage, combined with a dash of horror. What
seems to have upset Bitcoiners most is the fact that a media outlet was
able to identify and publicly name a person who clearly was not
interested in being identified, using little more than public
information and basic detective work. To the extent that the majority of
crypto enthusiasts value privacy, if not anonymity, the Satoshi
Nakamoto affair does not bode well.
Canada-based Bitcoin exchange Vault of Satoshi announced via Facebook on Thursday that it would discontinue
support for US customers due to an “increasingly hostile” regulatory
environment. The exchange, which connects users with others looking to
trade crypto currencies for fiat currencies, claimed to be facing
considerable difficulties complying with FinCEN’s anti-money laundering
rules, not the least of which was FinCEN’s policy disallowing the filing
of paper reports by money service businesses and the seeming
incompatibility of the online reporting system with foreign businesses.
The decision to abandon the US market entirely seems to be a fairly
drastic response to US law, which could rightly be described as overly
complicated. Vault of Satoshi is neither the first nor the only non-US
based company to face US regulatory requirements, so it isn’t clear why
it seems to be having unusual difficulty in this area.  The company’s
Bitcoin to US dollar volume on Friday stood at 280 coins as of 5:00 PM
CST, compared to 314 for Bitcoin to Canadian dollars. Under the new
policy, US traders will be unable to deposit or withdraw cash from the
exchange, but will be permitted to trade coins.
Yet another exchange, this time Canadian company Flexcoin, informed customers this week that it is insolvent
as the result of a hack induced theft and would have no choice but to
cease operations. The exchange lost an estimated $500,000 worth of coins
in its hot wallet, but a spokesman said that customer coins in cold
storage would be returned to their owners.  Flexcoin referred to its
terms of service, reminding its customers that they agreed not to hold
Flexcoin liable for theft, while informing everyone else that they were
out of luck. The operative verbiage states that “Flexcoin is not
responsible for insuring any bitcoins stored in the Flexcoin system.”
Whether this will be sufficient to ward off civil liability remains to
be seen.
Her Majesty’s Revenue and Customs service in the United Kingdom has reportedly dropped
a plan to apply value added taxes to mined bitcoins and Bitcoin
exchange transactions. However, the treasury maintained in a brief
delivered to British lawmakers that the 20% VAT still applies to goods
and services purchased with bitcoins, just the same as it would if those
same goods and services were purchased with Pounds. After a careful
review, HM Treasury was more likely to have discovered the near
impossibility of taxing Bitcoin at the point of exchange or the point of
creation, than to have determined that it falls outside the scope of
transactions subject to the tax.  Merchants, on the other hand, are
already accustomed to collecting VAT and equipped with the
infrastructure both to report it and to comply with the audit
requirements of the British government. The UK has developed a
reputation in the Bitcoin community of late for being comparatively
friendly to crypto currency from a regulatory standpoint and more
accessible than US regulators.
Vietnam’s Communist government has officially banned
all Bitcoin transactions. The Vietnamese central bank announced the
policy, citing Bitcoin’s alleged role in promoting money laundering and
other criminal activity. The bank did not specify how the ban would be
enforced or what the penalties for non-compliance would be. The
Vietnamese government maintains restrictive capital controls (ostensibly
to protect the Dong against speculators), that Bitcoin could be used to
subvert. Few exchanges offer the ability to convert from Bitcoin to the
Vietnamese Dong.  However, other currencies, such as the US dollar, are
in common use on Vietnam’s streets, especially in urban centers.
Japan has announced
that it will not attempt to regulate Bitcoin transactions carried out
within its borders on the grounds that bitcoins are not considered a
currency. However, Japanese banks will be prohibited from buying or
selling bitcoins. The Japanese government also clarified that it intends
to treat Bitcoin as a commodity and subject it to the applicable
taxation regime. Japan is the home of Mt. Gox, the collapsed Bitcoin
exchange which is currently the subject of a bankruptcy filing in that
country, along with at least one criminal probe and numerous civil
suits.

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Satoshi
bitcoin bars nyc

Lawsky says New York will adapt money transfer rules for Bitcoin

 

(Bloomberg) New York state will adapt existing rules on money transmission to license digital currency firms, financial services Superintendent Benjamin Lawsky said in remarks prepared for a conference in Washington today.

We do not have to throw out all of our existing rules for money transmitters or banks, which have generally served consumers well when vigorously enforced,” Lawsky said in a statement delivered to a New America Foundation forum on Bitcoin. “Indeed, certain aspects of virtual currency could dovetail with existing regulations.

New York will “likely have to proceed with issuing some form of specially tailored BitLicense that adapts those rules to the world of virtual currency,” Lawsky said.

The Treasury Department’s Financial Crimes Enforcement Network said in March that virtual currency businesses may be regulated as money transmitters. Since states license such companies, the decision set off a scramble by states to decide how to treat the embryonic industry.

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Reserve Bank of India closely examining digital currencies

(The Hindu) A number of countries around the world are taking a close look at the use of bitcoin and other digital currencies, and India is no exception. It is being reported that the country’s government on Tuesday said that the Reserve Bank of India (commonly known as RBI) is taking a close look at both the legal and security elements of digital currencies.

“The RBI is presently examining the issues associated with the usage, holding and trading of virtual currencies, including bitcoins, under the extant legal and regulatory framework of the country, including foreign exchange and payment systems laws and regulations,” said P. Chidambaram, Finance Minister.

seal reserve bank indiaThis isn’t the RBI’s first run-in with digital currencies, though. Late last year (Christmas Eve, in fact), it was reported that the RBI issued a public advisory on bitcoin, warning citizens if its potential pitfalls. “No regulatory approvals, registration or authorization has been obtained by entities concerned for carrying on such activities. As such, they may pose several risks to their users,” said Chidambaram.

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Satoshi

French authority forces Bitcoin exchanges to register

(BitcoinExaminer) Every Bitcoin exchange currently operating in France must now be registered with the local authorities and ask for a license in order to legally function in the country. The news was announced by the French Prudential Supervisory Authority (ACPR).

 

The institution, which is responsible for the regulation of the French banks, has issued a statement clarifying the status of Bitcoin and related exchanges in the country. Besides revealing several concerns and leaving warnings for the users, the ACPR also states that anyone operating an exchange in France must mandatorily have a license.

 

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The move means that every exchange will have to become a provider of payment services
under the authority’s supervision. So all cryptocurrency transactions
that involve exchanges must go through a registered provider, whether we
are talking about a credit institution, payment institution or an
electronic money institution, Coindesk reports.

 

The ACPR used the same statement to
remind the public that Bitcoin has its hazards. “Risk of fraud and money
laundering and terrorist financing” are just some of the dangers set
forth by the French authority, which also recalled that the European
Banking Authority (EBA) has already issued other public warnings about
digital currencies.

 

Despite the consequences for the
exchanges, the statement doesn’t force the individual users living in
France to adapt to any changes.

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WashingtonDC

Washington considers digital currencies are included in the definition of “money”

(BitcoinExaminer) The state of Washington, in the United States, has declared that digital currencies are included in the definition of “money”, within the state’s Uniform Money Services Act (UMSA).

The new definition can be consulted at the Department of Financial Institutions’ (DFI) website, where the state’s authority provides information to money transmitters and currency exchangers.

The virtual page reads that “virtual
currency, also known as digital currency or cryptocurrency, is a medium
of exchange not authorized or adopted by a government. There are many
different digital currencies being used over the internet, the most
commonly known being Bitcoin. In Washington, digital currency is included in the definition of ‘money’  in the Uniform Money Services Act”.

According to the legislature of
Washington state, “money means a medium of exchange that is authorized
or adopted by the United States or a foreign government or other
recognized medium of exchange. ‘Money’ includes a monetary unit of
account established by an intergovernmental organization or by agreement
between two or more governments”. Nevertheless, the state considers
that digital currencies can be part of this definition.

Washington’s recent alteration to the status of Bitcoin and other virtual coins was quite discreet, but a Redditor shared the information on the platform.

The department’s website also adds that
“companies wishing to transmit money for Washington residents in a
digital currency form can contact the DFI for a determination whether licensure under the UMSA is required. If it is, a license is required before the company can engage in the activity”.

The decision made by the Department of Financial Institutions opens a precedent that will surely affect how the financial authorities, courts and judges across the state (and maybe even out of it) look at cases that include Bitcoin or other digital currencies.

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