Russia retreats from crypto ban as it pushes rules for industry

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In this issue

1.  Rus­sia: The Kremlin’s cryp­to gam­ble
2. OpenSea: Trou­ble in Texas
3. Chi­na: Whose meta­verse is it anyway?

From the Editor’s Desk

Dear Read­er,

“War is a mat­ter not so much of arms as of mon­ey.” So said Thucy­dides, the Athen­ian gen­er­al and his­to­ri­an of the fifth cen­tu­ry B.C. Pelo­pon­nesian War.

Not much has changed since. Right now, mil­lions of peo­ple in Ukraine and along Russia’s west­ern flank face the threat of armed con­flict. But in Rus­sia, war and mon­ey — more specif­i­cal­ly, war and cryp­tocur­ren­cy — are becom­ing increas­ing­ly intertwined.

Moscow, fac­ing poten­tial­ly crip­pling eco­nom­ic and finan­cial sanc­tions over its deci­sion to invade parts of Ukraine, decid­ed a fort­night ago to reg­u­late cryp­tocur­ren­cies rather than ban them.

The tim­ing of that move, less than two weeks after Pres­i­dent Vladimir Putin expressed care­ful­ly cal­i­brat­ed sup­port for the country’s cryp­to min­ing indus­try, may be less a coin­ci­dence than a cal­cu­la­tion. When sanc­tions — includ­ing broad exclu­sion from the inter­na­tion­al finan­cial sys­tem — begin to bite, wouldn’t cryp­to present an oppor­tu­ni­ty to skirt them?

Maybe. But Mr. Putin’s more pow­er­ful cryp­to bet involves Russia’s min­ing sec­tor. The country’s exports are heav­i­ly weight­ed toward oil and gas, which sanc­tions will ensure have no West­ern buy­ers. What to do with all that excess ener­gy? Among oth­er things, why not mine cryp­to, as its pres­i­dent seems to be suggesting?

As neigh­bor­ing Kaza­khstan clamps down on its min­ing com­mu­ni­ty, prompt­ing some of its mem­bers to eye the exit, could Rus­sia steal a march to replace it as the world’s sec­ond-biggest min­ing hub, or even its biggest?

A min­ing push by Moscow would give the Rus­sians two things: an enlarged domes­tic indus­try, and brag­ging rights as they con­ceiv­ably edge clos­er to con­trol­ling the lion’s share of the hashrate of Bit­coin and oth­er cryptos.

Of course, brag­ging rights are very much the small­er prize when set against the income that could be gen­er­at­ed by a pumped-up min­ing indus­try, par­tic­u­lar­ly if the Krem­lin ensures it gets a slice of the action. Despite being able to onshore sig­nif­i­cant cryp­to hashrate, real mon­ey is what ulti­mate­ly mat­ters to stu­dents of strat­e­gy, and of history.

Until the next time,

Ang­ie Lau
Edi­tor-in-Chief
Forkast


1. Taming Cyberia

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Russ­ian Pres­i­dent Vladimir Putin’s lat­est gam­bles include not only Ukraine, but also cryp­tocur­ren­cy.
Image: Sean Gallup/Getty Images

Russia’s Min­istry of Finance is plan­ning to reg­u­late cryp­tocur­ren­cies in the coun­try, despite ear­li­er calls by the cen­tral bank for a ban on cryp­to.

  • Accord­ing to a press state­ment released on Mon­day, the finance min­istry has pre­sent­ed a bill on cryp­tocur­ren­cy reg­u­la­tion to par­lia­ment based on a roadmap draft­ed last month by a group of sev­er­al gov­ern­ment agencies.
  • Accord­ing to last week’s draft bill, cryp­tocur­ren­cies would be treat­ed as invest­ment tools, not legal ten­der, pre­vent­ing their use as a means of pay­ment for goods and ser­vices. The draft leg­is­la­tion also lays out rules for cryp­tocur­ren­cy exchanges and stip­u­lates that all cryp­to-to-fiat trans­ac­tions must be con­duct­ed through bank accounts, with users sub­ject to know-your-cus­tomer checks by both banks and cryp­tocur­ren­cy exchanges.
  • The finance ministry’s announce­ment high­lights the pol­i­cy split with the Bank of Rus­sia, which had opposed reg­u­la­tion and called for a ban on cryp­to min­ing and trad­ing as it pushed for­ward with a tri­al of its cen­tral bank dig­i­tal cur­ren­cy, the dig­i­tal ruble.

Forkast.Insights | What does it mean?

Forkast wel­comes reg­u­la­tion of cryp­to mar­kets, but not when that reg­u­la­tion lacks clarity. 

India bun­gled its attempt at legit­imiz­ing its grow­ing cryp­to indus­try with a poor­ly thought-out, con­fus­ing tax regime that penal­izes traders, exchanges and startups. 

Russia’s announce­ment of planned reg­u­la­tion for cryp­to is long over­due, but the rea­sons for the offi­cial about-face, fol­low­ing stiff cen­tral bank oppo­si­tion to it, are less about sup­port­ing growth and more about con­trol­ling it. 

Moscow is cur­rent­ly fight­ing three bat­tles with the cryp­to com­mu­ni­ty. The first is a surge in ille­gal cryp­to mines pop­ping up in the country’s iso­lat­ed east. The sec­ond is a small but grow­ing flow of cap­i­tal out of the ruble and into cryp­to. The third, and most irk­some for Pres­i­dent Vladimir Putin per­son­al­ly, is the use of cryp­to to fun­nel funds to jailed Krem­lin crit­ic Alex­ei Naval­ny.

Rus­sians racked up US$5 bil­lion in cryp­tocur­ren­cy trans­ac­tions last year, accord­ing to the country’s cen­tral bank. Infla­tion is climb­ing steeply, with West­ern sanc­tions over Ukraine expect­ed to hit hard. More cit­i­zens may turn to cryp­to to pro­tect their sav­ings from ris­ing liv­ing costs. 

Fol­low­ing China’s cryp­to ban last year, Rus­sia quick­ly became the world’s third-largest Bit­coin min­ing hub as min­ers fled north across the Chi­nese bor­der into Russia’s far east. 

Thanks to cheap ener­gy and cold con­di­tions, Siberia, and the region of Irkut­sk, in par­tic­u­lar, have become an unof­fi­cial cryp­to hub

Reg­u­la­tion in Rus­sia, as in India, may be less a means of fos­ter­ing the growth of the indus­try than cement­ing state author­i­ty over it. 


2. Monkey business at OpenSea

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The for­mer own­er of a Bored Ape Yacht Club NFT has a legal bone to pick with OpenSea.
Image: Bored Ape Yacht Club

By the num­bers: OpenSea — over 5,000% increase in Google search volume. 

Non-fun­gi­ble token mar­ket­place OpenSea is fac­ing a US$1 mil­lion-plus law­suit, filed last Fri­day by the for­mer own­er of a Bored Ape Yacht Club NFT that was alleged­ly stolen by a hack­er exploit­ing a bug on the platform.

  • Tim­o­thy McKim­my, an OpenSea user in Texas, filed a com­plaint in fed­er­al court, claim­ing he was the own­er of Bored Ape #3475, which he had not list­ed on OpenSea but was sold for 0.01 ETH (US$26.91) on or around Feb. 7, a frac­tion of its mar­ket val­ue. The “buy­er” report­ed­ly lat­er resold the NFT for 99 ETH, or US$266,493 at today’s Ether price
  • Accord­ing to the com­plaint, McKimmy’s NFT was lost due to a “secu­ri­ty vul­ner­a­bil­i­ty” on OpenSea that allowed “an out­side par­ty to ille­gal­ly enter through OpenSea’s code and access [his] NFT wal­let,” in order to list and swift­ly sell the NFT.
  • The com­plaint — which accus­es OpenSea of neg­li­gence and breach of con­tract — claimed OpenSea was aware of the bug, but that the plat­form had “risked the secu­ri­ty of its users’ NFTs and dig­i­tal vaults to con­tin­ue col­lect­ing 2.5% of every trans­ac­tion unin­ter­rupt­ed.” McKim­my is seek­ing “the return of the Bored Ape … and/or dam­ages over [US]$1 million.”
  • The bug that result­ed in the theft was dis­cov­ered last month when OpenSea suf­fered a front-end attack in which 332 ETH (US$893,694) was with­drawn. OpenSea lat­er issued refunds worth around US$1.8 mil­lion to users affect­ed by the exploit. Ear­li­er this month, OpenSea fell vic­tim to a phish­ing attack after announc­ing an upgrade to delist inac­tive NFTs on the platform. 
  • OpenSea is cur­rent­ly the world’s biggest NFT mar­ket­place, with a trad­ing vol­ume top­ping US$366 mil­lion in the past sev­en days, accord­ing to Dap­pRadar.

Forkast.Insight | What does it mean?

OpenSea has become a sym­bol of grow­ing unease in the cryp­to community. 

Ear­ly adopters of NFTs have balked at the marketplace’s tra­jec­to­ry towards becom­ing a more cen­tral­ized NFT trad­ing hub, while investors and new users are call­ing on it to take a firmer approach to its man­age­ment of buy­ers and sellers. 

OpenSea should look to Web 2.0’s biggest DIY mar­ket­place, eBay, for inspi­ra­tion. In its ear­ly days, eBay faced a bar­rage of legal action over its hands-off approach to what was sold on its platform. 

The com­pa­ny had to rapid­ly deploy mea­sures to pre­vent copy­right infringe­ment, auc­tion snip­ing and theft to counter Amazon’s grow­ing dom­i­nance of e‑commerce. OpenSea should do the same. 

The recent spate of hacks and attacks are a sym­bol of OpenSea’s suc­cess, but also an inaus­pi­cious devel­op­ment. If it doesn’t get a grip on secu­ri­ty, it risks alien­at­ing both its com­mu­ni­ty and the investors that have pro­pelled it to a US$13 bil­lion val­u­a­tion.  

OpenSea, like eBay, col­lects rev­enue by tak­ing a cut of every trans­ac­tion — around 2.5% for every NFT sold. That gen­er­ates more than enough rev­enue for the com­pa­ny to beef up secu­ri­ty, even if it means los­ing some of its pio­neer cred­i­bil­i­ty in the more lib­er­tar­i­an cor­ners of the dig­i­tal asset space. 


3. The limits of China’s expanding metaverse

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Chi­nese author­i­ties are extend­ing their reach into the vir­tu­al world amid con­cerns over trade­mark abus­es.
Image: Lin­tao Zhang/Getty Images

China’s patent office has received thou­sands of appli­ca­tions for meta­verse-relat­ed trade­marks, and the state is seek­ing to cool surg­ing inter­est in the technology.

  • The agency has empha­sized that it oppos­es the mali­cious reg­is­tra­tion and hoard­ing of meta­verse trade­marks by par­ties that have no inten­tion to use them, and that all enti­ties should reg­is­ter trade­marks with hon­esty in order not to under­mine the pub­lic interest.
  • Accord­ing to Tianyan­cha, a Chi­nese busi­ness research plat­form, the agency has reject­ed meta­verse trade­mark appli­ca­tions by tech giants Ten­cent, NetEase and mul­ti­ple oth­er major companies.
  • The surg­ing num­ber of meta­verse projects is rais­ing con­cerns about the pos­si­bil­i­ty of bub­bles and ille­gal fundrais­ing. On Feb. 18, the Chi­na Bank­ing and Insur­ance Reg­u­la­to­ry Com­mis­sion pub­lished a risk warn­ing on ille­gal fundrais­ing activ­i­ties exploit­ing meta­verse con­cepts. Three days lat­er, the Meta­verse Indus­try Com­mit­tee of Chi­na, a non-gov­ern­ment orga­ni­za­tion, pub­lished “The Con­ven­tion of Self-Reg­u­la­tion in the Meta­verse Indus­try,” say­ing that the indus­try should avoid using meta­verse con­cepts for speculation.

Forkast.Insight | What does it mean?

The hype around meta­vers­es has prompt­ed numer­ous Chi­nese com­pa­nies to reg­is­ter as many meta­verse-relat­ed trade­marks as pos­si­ble, and the patent office is not hap­py about it.

Cut-throat com­pe­ti­tion in China’s inter­net indus­try is a well-estab­lished part of the momen­tum of tech­no­log­i­cal devel­op­ment in the world’s sec­ond-largest econ­o­my, but things have to slow down a bit for trade­mark reg­is­tra­tion. The Nation­al Intel­lec­tu­al Prop­er­ty Admin­is­tra­tion has made it clear that not every­thing in the meta­verse can be trademarked.

The agency’s approach is in line with Chi­nese reg­u­la­tors’ long-stand­ing atti­tude towards tech inno­va­tion. They need tech com­pa­nies to deliv­er results (which is why the inter­net giants’ noto­ri­ous “996” work­ing cul­ture has thus far been tol­er­at­ed, despite an only part­ly suc­cess­ful attempt to rein it in last year) while warn­ing against hype and the emer­gence of monop­o­lis­tic con­duct.

One thing is cer­tain: The meta­verse con­cept will con­tin­ue to trend and devel­op as the coun­try ramps up efforts to deploy 5G net­works, with more vir­tu­al real­i­ty and gam­ing con­tent from tech giants in the pipeline. That means Chi­nese com­pa­nies will need to walk a fine line between over­achiev­ing and stay­ing com­pli­ant with reg­u­la­to­ry imperatives.



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