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    Technology

    Running with Unicorns

    Running with Unicorns is a crypto podcast and video interview series hosted by Chitra Ragavan, Chief Strategy Officer of Gem, the friendliest way to track your crypto portfolio. A veteran former journalist with National Public Radio (NPR) and U.S. News & World Report (U.S. News), Chitra interviews cryptocurrency thought leaders, regulators, and experts to provide in-depth analysis of the industry. Designed to appeal to both beginner and seasoned investors, Running with Unicorns is produced at Gem’s headquarters in Venice Beach, California.

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    Latest Episodes:
    Running with Unicorns Ep. 10  —  Crypto Tokenization of Real Estate  — Henry Elder Feb 14, 2019
    Show notes

    Henry Elder joins us today to talk about how real estate, one of the oldest forms of investing – around since practically the dawn of human civilization – is getting a fresh coat of paint through the application of blockchain technology and cryptocurrency. Topics Covered in this Conversation with Henry Elder: – Real estate as the ultimate imperishable good – Real estate has built in scarcity – What does it mean to tokenize real estate – Why does real estate need blockchain technology and cryptocurrency – Pain points and friction in the system – Real estate is rooted in the past – How real estate differentiates between haves and have-nots – How tokenization creates liquidity in the market – Initial customers will be institutional investors – Tokenization of a real estate property in New York – Complexity of global market and tax implications for overseas investors – Crossing the educational hurdle – Dealing with the high international demand for us real estate – Maturation of investors regarding blockchain technology – Real estate tokens are securities in terms of regulatory framework – How he fell into the rabbit hole of real estate blockchain – A generational way to change the way people invest in real estate – Examples of real blockchain deals to date in real estate – The Two Token Waterfall – Still in the realm of the theoretical – Fractional ownership vs. fractional investing – Putting deeds on the blockchain – Real estate is an archaic industry – Level of efficiencies from blockchain technology – Closing thoughts Questions and Comments? podcast@gem.co Guest Contact Information Henry Elder LinkedIn | Twitter | Telegram Website: Digital Assets Advisors Resource Links: The Current State of Real Estate Tokenization History of Real Estate Understanding Illiquidity in Real Estate Investing The Tokenization of the St. Regis Resort The Tokenization of a $30 Million Manhattan Real Estate Property Harbor Launches Platform for Tokenizing Private Securities with $20 Million Tokenization of Real Estate This Manhattan Real Estate is Already Tokenizing Property on Blockchain Real Estate ICOs Are Moving In, But Investors Aren’t Floored Transcript: Chitra: Henry, welcome to the program. Henry: Thank you so much for having me. It's great to be here. Chitra: It's great to have you. So I would open, I don't know why this show is making me want to use quotes, so I'm going to use a couple of quotes here. The first one is by Russell Sage, the American financier and politician. And he says "real estate is an imperishable asset ever increasing in value. It's the most solid security that human ingenuity has devised, it's the basis of all security and about the only indestructible security". Why is real estate considered a security? Henry: Well, if I can respond in a quote, Mark Twain said, "Why real estate? Because they're not making any more of it, right?” That's why it's so secure. It is the ultimate imperishable good. There's not going to be any more real estate made. The real estate that you own will be the only real estate that ever exists there for all-time, right? Unless you build up. But the potential to build up on a piece of land just gives that land more value. So he uses security in that sense and it kinda sounds like he's talking about investable securities, but I really think that he's talking about the security of, what's the word that I'm looking for? Bitcoin has the exact same characteristic in that it's scarce, it's scarce. Chitra: So there's built in scarcity. Henry: Yes, there is, it's the original built in scarcity. They're not making any more of it. Chitra: So what does it mean then to tokenize the security? Henry: So basically it means that you're taking the ownership interest, you are putting that ownership interest in some sort of a company and you're selling ownership of the company. And instead of investors taking that ownership interest in the form of a paper share, like you typically do, you're taking it the form of a token running on the blockchain. Chitra: So I want to go to my second quote here, which is from President Franklin Roosevelt, and he says "real estate cannot be lost or stolen, nor can it be carried away, purchased with common sense, paid for in full and managed with reasonable care. It is about the safest investment in the world." If that is the case, why do we need blockchain technology and cryptocurrency to secure this form of real estate? What are the pain points? What's the friction in the system now? And how does blockchain technology make it safer? Henry: So let's get back to that idea of security that the first quote brought up. It's sort of like Troy and the Trojan horse. Real estate is such a secure investment and the people who have been investing in real estate are so secure in that scarcity that they allowed in this Trojan horse of complacency thinking that look, I don't really have to worry about what goes on in the world outside. As long as I own this real estate, I'm secure. And the problem is that the rest of the world continue to advance. And we live in this highly digital, instantaneous world now. Whereas real estate is stuck with these paper processes that are mired in the inefficiencies and a high friction of the 1950s. I mean, you could go back five, six, seven decades and talk to somebody who works in real estate back then and they would recognize nearly all of the processes that we're transacting real estate with today. It hasn't changed. And so if you are, it's basically you divide it now between the wealthy and not wealthy. And if you're wealthy, you can go out and just purchase real estate wholesale or you can become an investor in a syndicate. And to invest in a syndicate you usually need to have in the order of hundreds of thousands of dollars at a minimum. And if you're not wealthy, your options are either crowdfunding or REITs (real estate investment trusts). And crowdfunding is not liquid and REITS, which are actually the only one of those four that I just said, buying real estate outright, investing in a syndicate and crowdfunding and REITS, REITS are the only one that's actually liquid. But the problem is that REITS are a cumbersome and expensive way to access the market for the people who actually own the real estate. And so the only types of deals that you see hitting the market are very large deals on the order of hundreds of millions of dollars or more. Chitra: So how does tokenization solve this problem and what does it mean to tokenize this real estate in that context? Henry: Sure. So going back to what we were talking about before, it's you're taking the ownership of a company that owns the real estate. And this is totally normal in the real estate process. Typically if you're buying real estate, you're buying it through some sort of company. You control, if you're buying the real estate yourself, you spin up a completely new company. You create a new company, it's called a single purpose entity. And that company purchases the real estate and that company's name is what's actually on the deed. And then you own 100% of the company. When we're tokenizing it, what we're doing is we're taking that ownership of the company and we are a encoding it into blockchain tokens and then selling those to people. In that process, what you're basically doing is you're combining the best parts of a REIT and the best parts of crowdfunding and mashing them together and creating a more efficient, less expensive process for you to access investors that's still liquid. Chitra: And is this true for retail investors or is this primarily for institutional investors? Henry: So it's true for both. The the adoption of this, I think, will primarily be driven by institutional investors because the companies that are doing this, that are sort of paving the way here are taking a lot of risk, right? They're trying a new technology. They're blazing a path, as they say, the pioneers take the arrows. And the safest investor for them to target first is the institutional investor. There's a saying in the crowdfunding world, that's basically the guy who puts in $100 into your crowdfunded deal is going to be the most expensive client that you've ever acquired. Because those people, there's such a high level of education and customer service basically that they require, because they're not familiar with the tenets of investing. Whereas when you go and you find an institutional investor, they know how real estate investing works and they'll probably leave you alone for the most part to go do your thing. So a lot of these people that are sort of blazing the trail with tokenization, I think they're probably going to be pursuing those institutional or high net worth investors first. However, the pipeline that they're creating, the technological rails effectively that they're creating to be able to do that, can easily start onboarding more retail investors once those companies have reached the size where they can deal with those investors. Chitra: You've said to me before that tokenization is going to both globalize and democratize the real estate investing process. How is that going to happen? Especially the globalization piece? Henry: Sure. So the globalization piece is particularly exciting for me. Earlier at the beginning of last year, actually spring of 2018, I was part of a team that tokenized a commercial real estate property in New York. And we took a $5,000,000 piece of that property and we sold it to international investors. We did that basically to prove the concept that you could use the blockchain to more easily access these investors and to allow them to more easily access real estate here in the United States. Chitra: And how did you do that? Just simply, what was the process? Henry: So that process, this was a little bit complex. It's interesting because, so first of all we had to build, we had to create that special single purpose entity. But the problem is that when you have international investors, they're subject to all kinds of different tax laws when they're investing in domestic US real estate. And so you have to build somewhat of a complex offshore structure in order to shield them from the effects of those tax regulations. And so we had to build that whole structure. And then we had to go out and find these investors. Since we were one of the first people to do this there was a high educational hurdle that we had to surmount in order to get them to come on board. It's sort of funny because what we eventually ended up doing is, first of all the thesis that there is this massive unattended demand offshore that is trying to access US real estate, but that is unable to for whatever reason was proven out because every investor that we talked to was like, I want to invest in that real estate. I want to be part of this deal. But nearly everyone that we talked to got hung up on the blockchain part of it because in early 2018 everyone was still thinking about ICOs. Everyone was still thinking about exchanges getting hacked. And Bitcoin being used for money laundering and human trafficking and whatever. And they didn't understand that the underlying technology was completely different. I mean, people get scanned on the internet all the time. That doesn't mean that email is not a good form of communication. But that connection was not there yet. And so a lot of our investors just ended up coming in a without really caring about the blockchain side of it. Even though it did make it easier, not a lot of them realize that they were just like look, you're selling US real estate. I want real estate, US real estate, let's do it. Over the past several months we've started to see that conversation change and we've started to see a maturation in those investors understanding of the differentiation between blockchain and ICOs and whatever stuff they're afraid of that's going on with Bitcoin or whatever, all of which I think is unfounded anyways. Chitra: So when you do the tokenization, does that consider it a form of security? Henry: Absolutely. Chitra: And that's different from the traditional ICO, the utility tokens and things like that. So what's the legality of the stuff? Is it going to fall under the same kind of regulatory hurdles that have confronted utility tokens and ICOs? Henry: It will fall under them in a different way. The difference is that ICOs and utility tokens primarily we're trying to argue that they were not securities and the SEC disagreed with quite a few of them and said no, these actually are security. Chitra: And therefore should be regulated by the SEC or else they're illegal. Henry: Exactly. They should be regulated by the SEC. They should either be registered with the SEC or they should comply with the registration exemption, which is also a controlled by the SEC. The difference is that security tokens, whether they're real estate or art or equities or debt or whatever they are, from the get go we said are securities and therefore they will comply with all of the necessary SEC regulations that regulate securities. And so there was no are we security, are we not a security, but it's just these are securities and we're going to do everything that security is needed to do. Chitra: So in terms of legality, people can feel free to invest? Henry: 100%. They're totally legal. It's exactly the same thing as when you go on, trying to think of familiar crowdfunding websites. I know all the real estate ones. There's Fun Rise and Realty Mogul and Peer Street. And then on the other side of the equation, there's Start Engine. Indiegogo I think also does regulated crowdfunding. Those are all completely legal and those all fall under registration exemptions for crowdfunding, for accessing retail investors without having to go through the incredible hurdles of doing a full IPO. Chitra: So how did you get involved in all of this, because I know you were kind of going about your own way and all of a sudden you saw the light on all of this real estate and tokenization and then you kind of went down the rabbit hole and then you said oh, I'm giving everything else up and this is my life. Talk a little bit about how that happened. Henry: Yeah. And I did that after the market started going down. At the beginning of 2018 I was like, you know what, now's the time for me to jump in full-time. And I haven't looked back. I've loved it. But, so 2017 I think three security token issuances, Blockchain Capital, maybe there were four, but Blockchain Capital, Protose, Science Blockchain and I can't remember if Spice VC was 2017 or early 2018. But so those sort of said all right, this is possible. But nobody really caught on because ICOs were going crazy and people were just making insane amounts of money in this more unregulated market. It wasn't until early 2018 that I saw real estate security token offerings starting to come down the pipeline. And the first one I saw was Slice. And so hopped on the Slice team [crosstalk]. Chitra: And you were in real estate at the time? Henry: I was in real estate. I was working at a private equity fund in Beverly Hills doing value add commercial real estate deals all over the country. Which means that we would work with a real estate owner who wanted to buy a 200 unit apartment building and fix up all of the apartments and then sell it three years later for more money. I mean, it's the same thing as if you have a house and you fix up the the kitchen, right? You put in a new k…

    Full show notes at the publisher

    Running with Unicorns Ep. 9  —  Crypto Security Best Practices – Alison Burger and Calley Nye Feb 07, 2019
    Show notes

    Guests: Calley Nye and Alison Burger Title: Record Date: August 16, 2019 Air Date: February 7, 2019 Topic: Crypto Security Best Practices In this special two-guest edition of Running with Unicorns, my guests, Calley Nye Founder of Syren.io, and Alison Burger, Co-Founder of Women of Crypto, join us today to talk about security best practices in crypto investing. If you’re just starting to invest in crypto or even if you’re a veteran, these simple do and dos will help you avoid costly mistakes and protect your digital assets. This is a valuable primer with specific and practical recommendations to help you get started immediately on a path to safe investing. Topics Covered in this Episode: – Most valuable advice they received when becoming new investors – On keeping it simple and playing it safe, but not to safe – Avoiding the fear factor and dipping your toes in the market – Different ways to store digital assets and security implications of each – On keeping your hot and cold wallets safe – Sobering moments they’ve had in tracking their crypto – The difference between public and private keys and why that’s important – The various points at which crypto security hygiene comes into play – On the importance of protecting your phone and email address – Call-to-Action on things to do TODAY to keep your crypto safe – What to do when things go wrong despite your best efforts – How to build a community of advisors – You have to start somewhere sometime. Why not now? – One thing they wish they’d known when getting started – Their top three tips on safe crypto investing Links and Resources: Crypto Security: Best Practices The Ten Commandments of Crypto Security 8 Cryptocurrency Best Practices (Keep Your Crypto Safe!) Crypto Security: How to Safely Own a Digital Asset Identity Thieves Hijack Cellphone Accounts to Go After Virtual Currency “My Crypto Got Hacked!” – True Stories About Security Breaches Leading to Devastating Losses and How These Can Be Prevented Lessons Learned from the Biggest Crypto Hacks in History The 8 Worst Cryptocurrency Hacks and History (And What Exactly Happened) Nearly $1 Billion Stolen In Crypto Hacks So Far This Year: Research 2018: A Record-Breaking Year for Crypto Exchange Hacks List of Cryptocurrency Exchange Hacks Coincheck Confirms Crypto Hack Loss Larger than Mt Gox Cryptocurrency Anti-Money Laundering Report This man's lost bitcoin are now worth $75m – and under 200,000 tonnes of garbage Military grade Swiss bunker opens vaults to crypto investors Crypto Exchanges Are NOT Your Banks Questions and Comments? podcast@gem.co Transcript: Chitra: Welcome to Running with Unicorns, your portal into the world of cryptocurrencies. I'm Chitra Ragavan, Chief Strategy Officer at Gem. This podcast is recorded at the Gem Studios here in Los Angeles. The topic of today's discussion is security best practices in cryptocurrency investing. Joining me are two amazing guests, Calley Nye, Founder and CEO of Siren.io and Slumber Party.io. And Alison Burger, who is the Co-founder of Women of Crypto, the Instagram, Facebook, and Telegram communities. Thank you so much for joining us. Calley: Thank you for having us. Alison: Thanks for having us. Chitra: My first question is, what was the most valuable advice you received when starting investing and that you'd like to pass along, Alison? Alison: Yeah, I would say that the best advice I got when I first started was to invest slowly. Go on to a main exchange, buy the main tokens, only invest like a hundred dollars at a time. Kind of play around with the market and see what's happening before going all in on any one coin, or any one investment, and kind of get your feet wet slow. Keep everything all in one place I think is important when you're just getting started, because otherwise it can be confusing. Where did I leave my Ether, where did I put my Bitcoin, what did I do with that Litecoin. Keep it all in one place when you're just starting out. You can keep it on an exchange, in a wallet. Don't start selling too much, hold on to it, I think that's important too because eventually you're going to have to start reporting all of your transactions for tax purposes. So keep it simple, play it safe, I think those are my best tips. Calley: That's good. I'd say don't be crippled by fear. It's good to have a healthy amount of fear when you're going into these things, but acknowledge it and own it, it is part of the process. Don't hold out too long, take chances, but take small chances, still be afraid of general risks and stuff like that. But generally, just acknowledge fear as part of the process. Chitra: All great advice. So let's step back for a minute and ask, what are the different ways to store crypto assets? What are the security implications of each of those? Calley: I'd say there's a few. Obviously there are hot and cold wallets. Hot wallets meaning they're connected to the Internet, cold wallets meaning they're not connected to the Internet, and there are also exchanges. They all have different risks. I like to diversify, so I have some in exchanges, the risks there are that somebody can get your login and steal all your money and send it out, and they can't do anything about that, or that the exchange itself is compromised in some way. Calley: For hot and cold wallets, generally one of the biggest risks is that you can just lose your private key or lose access to it, because it's custodial. You're owning it, so it's your responsibility which is always kind of a scary thing to have that much responsibility. So, yeah. I would say keep everything diversified, and keep it in a few different places, that's the safest way, because nothing is really that safe. Alison: I mean, I think she covered all of it, but I'll just leave everyone with one last thought, which is, wallets these days are their own banks. So they're super, super important because we're used to having our money backed by the Federal Reserve in bank accounts, which can easily be recovered if we call and say, "I didn't spend that money." So, I think it's super, super important to think about wallets and where you're going to keep them, and also I would say having a physical hardware wallet is probably the safest, but also the most prone to, "Oops, I don't know what I did with it. Where did it go? I put it in the safe, but then someone was in my house so I took it with me somewhere, and oh my gosh, what did I do with it?" So, always have a back up there. Chitra: I recently had that experience. I couldn't kind find what it is I wanted, a couple of moments of panic there. But it seems like the sense of responsibility and ownership seems to be one of the things that really defines crypto investing compared to traditional investing, that you are really responsible for your wealth. Calley: That's the scariest part honestly. That it's all on you. There's not anybody to blame, that you're not gonna call your mom and say, "This bank is so stupid." It's all on you, and it's really hard to have that kind of responsibility, and we're just not used to it. I like it, I think that I trust myself and I trust my abilities more than other people's. So I like having that aspect, but a lot of people can get scared by it. It's also just so new to understand... you can't call somebody and say, "I forgot my password or I don't know how to access my account. Someone stole my money.” There's nobody to answer the phone. Chitra: Is there any moment when you had that realization early in the game? Alison: Yes, but not through a physical wallet issue, another issue, where I thought I had transferred a certain amount, but I didn't see the whole amount go into the other exchange, and I'm not sure where it went, and I tried to track it. Yeah. When you start exchanging coin-for-coin instead of buying fresh with USD it starts to get confusing. Calley: Yeah. I remember there was one time I sent money on GDAX. I think I was just sending it from GDAX to MyEtherWallet. I was still early on so I was still managing the private key, which was so stressful to have this private key that you would have to paste before I got my Ledger. And I remember. That was right when I sent it, GDAX kind of went down. So I spent six hours just in utter fear that I had screwed up, and it wasn't gonna get there. Chitra: GDAX being the exchange for beginners, GDAX being the exchange, the private key. Calley: It's actually technically Coinbase Pro, I keep forgetting that now, but yeah I was... that's how you convert to USD, so I was getting paid in Ethereum at the time. So I was putting large sums of money in Ethereum that I would have to transfer all at once. So… Chitra: And define private key for those who are just starting out. Calley: Well private key... When you think about the private and public keys, your public key is like your bank account number and your private key is like your ATM pin. That's the one you're not gonna be sharing with everybody. And one is just the identifier where the money is going and one is how to access. It's the control. So that's one. MyEtherWallet is a really popular tool and they have such heavy warnings when you sign in because they're like, "Please, please,” it's like a 12-page pop-up that's like, "Are you sure you understand that this not a bank?" And so before the Ledger Wallet, I was copying and pasting my private key. And it just really stressed me out - that whole process - that it could've been hacked or if I could've been sending money to somebody else. It was very very stressful. So, yeah. Chitra: When I first saw that extensive disclosure on MyEtherWallet… Calley: Yeah. Chitra: I just exed out of the browser and just decided not to do anything for a few weeks. Alison: Abort mission. Calley: Yeah. Chitra: Yeah. But so you find kind of this pathway - right - through which people invest. What are the different points where your security best practices come into play? Alison: I would say immediately, of course. Even when you're just starting out and say you want to create an account on Coinbase. At that point, I think the very first thing to do is go into Gmail, create a new email account that no one ever will know - a very secret account that you only use for your crypto-exchanges, wallets, transactions. Even online banking you can put there. Things like legal documents for corporations and what not; and companies and LLC's; medical records, things like that. Or just your crypto. That's fine, too. But I think even just when you're first getting your first exchange, your first account with your first exchange, get that email set up. That's very important. And at the same time, you might as well get a Google Voice account, right then and there. Get a different number. Make sure you'll be using that number for any sort of public page that's gonna display your cell phone number or your business cards, your website, something like that. And then, remove your personal cell phone number from all of your Gmail accounts and all of your email accounts, really. Those are some really good first steps in the very beginning of the process. Calley: Yeah and in my experience, people have - women especially, in my experience... Because with Slumber Party, I talk to a lot of women who are just starting out in their crypto-journey. They use all these security best practices and things like that. It's kind of an excuse to not start. They're kind of scared off by the idea. So I say it's usually pretty safe just putting 20 bucks in Coinbase. Just download the app and put in 20 bucks and see how that goes. And then if you're still willing, it gets you excited and you're still willing to put more in... Then as you progressively add more money, you can progressively get safer as you go. If you lose 20 bucks, who really cares? The longer you get into it, the more money that you get, the more you should take an interest. I started out, I was working a broke startup job. I was starting a new company and was making very very little money per year, so I was basically saving like 5 dollars a week. And I was putting $5 a week in my Coinbase account. And after like 4 months of that, when Ethereum was 7 dollars... So after a few months of it and it hit 300 and I had a thousand dollars. So it was like... That's when I was like, "Now I have to start getting serious about this.” And around then is when I bought my first Ledger Wallet and I started playing around with exchanges and I started cracking down on everything. But there's people who have millions of dollars in crypto who have lighter security practices than the people who are getting crippled with $100. So, kind of keep it in perspective too. The email one is just a super easy one to do. You might as well just do that. But the other thing is the hardware wallet. You don't have to go overboard at first. Chitra: Yeah. So if there was a call-to-action to everybody listening and watching this, what would that one thing be that everyone should do today? Alison: I would say the most important thing is to secure your phone number, your personal phone number and get a Google Voice number and to actually secure your phone number. Call your provider and say, "Hey, I'm trying to avoid my account being ported, my number being ported. Can you turn... " I think some providers can actually disable the ability to port a number and you can ask them for that. But also add another level of security onto your phone number so if someone tries to call and reset your password or get access to your phone number, you can then have a private key that they actually won't know. Calley: Yeah. I would just agree with that. Chitra: You would disagree? Calley: Yeah, I would agree with that. Chitra: Oh, you would agree with that? Calley: Yeah. Chitra: Okay. So despite all of our best efforts, something happens. How do you recover and what are the kinds of things that can happen, that can go wrong in this process? Calley: Well I would say, definitely don't give up because... Kind of accept it as a loss and rebuild from there. But if you stop, then that's just a loss. But from obviously resetting everything, wiping your phone, starting from scratch, even maybe wiping your computer cause you never know what kind of malware that can cause that... Changing your passwords everywhere, moving everything to new wallets... It's super easy to create new wallets and move everything over, buy a new Ledger, basically reset everything. And really take a look at... Obviously, it depends on what happened, if you can diagnose what happened. And learn from those mistakes. Chitra: Do you have any advice… Alison: All awesome advice. Another thing that I would do - or probably the first thing that I would do - would be to call one of my best friends who's a tech genius guru - knows everything, blockchain, and just tech in general - and ask for his/her support. Chitra: Cry for help. Calley: Yeah. Chitra: Or call for help, I guess. Alison: He's kind of a hacker so he would know. Calley: Yeah. One of my favorite things about crypto is that it's decentralized, which means we would have to rely on each other for the system to work. So communities are really important. So going to your favorite community and having a community, in the first place, is a good preventative step too. Cause they'll always... You can learn lessons from them, through them, pass on this tribal knowledge, and maybe prevent things before they happen. Like if somebody else gets hacked, you’…

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    Crypto Prediction Markets: The Good, the Bad, the Ugly - Matt Smith - Running with Unicorns Ep. 8 Jan 31, 2019
    Show notes

    Guest: Matt Smith Title: Crypto Prediction Markets: The Good, the Bad, the Ugly Record Date: 1/9/2019 Air Date: 1/31/2019 Topic: Crypto Predictions Markets Matt Smith joins us today to talk about how crypto prediction markets work, how blockchain technology is being used to modernize online gambling, which essentially allows people to speculate on the outcome of all kinds of future events. We discuss some of the common applications of these prediction markets and their pros and cons. And we dive into some of the deep implications of the more controversial betting markets on these platforms, such as assassination markets and mass casualties in future unknown terrorist attacks. It’s a fascinating discussion. Join us! Topics Covered in this Episode: – Sports gambling is very much in the news – Brief history of sports gambling laws in the United States – 2018 Supreme Court decision giving power to states on sports gambling – Will online sports gambling be next step of legalizing gambling? – How traditional prediction markets work – Prediction markets and how they utilize the “wisdom of crowds” – Different formulations of prediction markets – Crypto prediction market as a new twist on an age-old idea – Benefits of decentralized prediction markets – better security and censorship resistance, global pool of liquidity – Could shape future of online sports gambling – Core innovation – gambling good way to bootstrap new crypto networks, uncover information otherwise hidden, inject data verifiably into the blockchain ecosystem – NJ Refund of bets example – How these platforms actually work? How do you place bets and create markets? – How censorship resistant decentralized betting platforms such as Augur work, interacting directly with the markets, using the blockchain – On killing the kill switch of this network and what that means – On assassination markets and the potential implications of that – On political bad actors and how they could manipulate assassination markets – Where all this is heading, maybe to the courts – How dispute resolution works on these platforms – Some recent disputes such as the recent US midterm elections and baseball and how they are being resolved – Closing thoughts Links and Resources: Betting on the national anthem: An American tradition Biggest Super Bowl LIII bets 2019 Super Bowl Betting Odds: Spread, Total & Prop Betting Action Update Supreme Court Ruling Favors Sports Betting MURPHY, GOVERNOR OF NEW JERSEY, ET AL. v.NATIONAL COLLEGIATE ATHLETIC ASSN. ET AL. US Betting Sites Sports Betting May Soon Be Legal in New York, but Only 4 Casinos Upstate Would Offer It Will Sports Betting Transform How Games Are Watched, and Even Played? Prediction Markets Four Prediction Market Platforms Compared The Weirdest Prediction Markets on Augur Right Now Crypto Prediction Market Augur Is Gearing Up for Its First Major Upgrade The First Augur Assassination Markets Have Arrived The Weirdest Prediction Markets on Augur Right Now - Yahoo Finance What are Blockchain Prediction Markets? Decentralized Prediction Markets: the Opportunities, the Threats, and Prediction markets are hot AF right now. – Hacker As Crypto Meets Prediction Markets, Regulators Take Notice Decentralized Prediction Markets: How Blockchain Crypto Betting Works? Why You Should Try Decentralized Prediction Markets Right Now If the "Which party will control the House after 2018 U.S. Midterm Election?" resolves to anything but 'Democrats' I'm never using Augur again Augur Betting, Over 2 Million for the US Election N.J. sports book refunds bets from Saints game after blown call Questions and Comments? podcast@gem.co Transcript Chitra: Welcome to the show, Matt. It's great to have you. Matt: Thanks, Chitra. It's always good to be at Gem. Chitra: Wonderful. Before we go into what crypto-based prediction markets are, let's talk a little bit about what are prediction markets and how do they work? Matt: Yeah sure. So a prediction market is a market like any other. It's a place where commerce happens, where things are bought and sold. The name can be a little misleading because you're not buying predictions. What you're buying are stake, you're buying a stake, like a position, in the outcome of some event. The thing that's unique about a prediction market is that you can bet on the outcome of any event. So say I care a lot about sports and I want to put money on my position that the Yankees are absolutely gonna beat the Red Sox, obviously, and maybe that's illegal where I do it, but I'll go to my bookie and I'll say hey I think the Red Sox are gonna win, I've looked at the stats, they're gonna win so I'm gonna put this much money on it, give me some odds. Then whenever that event resolves, I get money back if I'm right and then I lose my money if I'm wrong. Chitra: Okay. So there's a lot of science and math behind this because it essentially goes to the notion of the wisdom of crowds. That an individual's intelligence gathering is a lot less powerful than that of a number of people. So it's essentially aggregating of information. Matt: Yeah. It's not necessarily just that like you get 100 people in a room and those people are gonna make a better decision than one person in isolation. What these markets really do, if they are liquid and highly available, if you have access to a large number of people, there's gonna be people in that crowd that have some insight. That maybe have inside information or have studied the mechanics of whatever is gonna drive the outcome of the result. A prediction market can enable those people to monetize that knowledge, that insight. So people that don't know really any information about the Red Sox or the Yankees, they're not gonna bet on it because they don't know who's gonna win, it would be a very risky proposition for them, but someone that has inside information like their best hitter got injured but they haven't announced it yet, he's got a real strong incentive to go and make a big bet on the Yankees. Chitra: Right. So there's a lot of value to this. Matt: Yeah. So you can absolutely uncover information that would otherwise remain hidden. That's why we call it a prediction market because the market as a whole for the outcome of some event predicts what the outcome will be. Chitra: These are binary decision making right on sort of discrete events? Matt: There are actually a bunch of different formulations, different constructions you can do for models. Binary is probably the most common, easiest to understand. Like this is gonna happen or this is gonna happen. One of these two things is gonna happen. That's available on most of the prediction markets we're gonna talk about today. You can also do categories, like multiple choice A, B, C or D. Or you can do like a scale or range, a numerical range. Like it's gonna be somewhere between this value... You can have a curve where the payout is proportional to where it falls on this graph. Those are a little bit more complicated so maybe it's easier to talk about the binary option. Binary options are fairly interesting because binary option is an existing financial instrument, and prediction markets as a class sort of mimic their pay where there's a threshold, and one thing happens or the other thing happens and then you pay out accordingly. Chitra: So now let's talk about crypto-based prediction markets. Now, prediction markets are very old. They go back to like 1884 or something like that. So are crypto prediction markets basically a new twist on a very old idea? Matt: That feels like a leading question, Chitra. Totally - they are. We've seen political election markets way, way back, people do things like buy votes because there's a financial incentive to make their party win because they had bet a lot of money on this one candidate winning. So, yeah, people definitely do this and that's why we see regulations emerge around what you can bet on, what you can't bet on. Crypto prediction markets are interesting because we get a lot of the, after what you see in blockchain and decentralized applications that are well suited to the form, which means that they eliminate counterparty risk. Chitra: What does that mean? Matt: So when I go to bet on the Red Sox or the Yankees and say it's illegal. I think there are regulatory changes in the US where maybe sports betting is okay now, but until very recently at least it was illegal to bet on sports in most jurisdictions. So if I'm gonna go and place that bet, I'm gonna be going to a bookie who's breaking the law. Because this is like a shady area, there's a chance that when I give him my money and tell him to give me more money back if I'm right, there's a chance that he just doesn't do that. I'm still right, but he just goes away. My risk is that my counterparty, the person I'm interacting with, this guy, is going to abscond. This risk exists in most centralized systems, not just in these fringe ones or these illegal markets where it's definitely much more risky because there isn't regulatory oversight, but even if you're trading on a normal financial exchange, foreign exchange or something. There's still a risk that your counterparty person that you're trading directly with through this intermediary won't be able to satisfy the order and you'll be left out in the cold. Matt: So there's a counterparty risk, and we can eliminate this, we do this in decentralized exchange protocols, like the 0x protocol and Ether Delta and these other applications. The other thing that we get by using a blockchain is we get this censorship resistance. So like I said, it's illegal on these jurisdictions to gamble on a lot of things like political elections, it's illegal almost everywhere to gamble on them because it sort of undermines the integrity of the election. So you can't really do that. But in a decentralized prediction market, it's really hard to enforce those rules. You can't really say no you can do you can do this but not this. You sort of do whatever you want. Maybe that's a good thing because there are some jurisdictions where your access to financial markets in general is restricted. This is a mechanism that maybe some corrupt governments might use to keep certain segments of the population from accessing the broader financial markets. Like we can look at the currency controls in China. They have limited access to international markets. Prediction markets are cool because you can use them to emulate almost any financial instrument. I can make a prediction market for what will the price of the British pound versus the US dollar be on such and such a date? Then I can basically create this synthetic forex market out of this decentralized platform. So they're very versatile. And because they're censorship resistant, they're also international. I can reach across borders. I've got this huge global pool of liquidity. Everyone in the world that wants to bet on the Red Sox versus the Yankees can do it in this one place. Chitra: So someone in China could make a prediction on who's gonna win the World Cup or something like that. Matt: Absolutely. Yeah, absolutely. That's a cool thing because normally these sort of markets, especially when they're illegal, are localized. They're focused on a small local area. Or they're run by a centralized online exchange, and those we saw with the dark web Silk Road markets and those kind of things, those are very vulnerable to people absconding with money because that's what you've ascended to. So the conflicts of those three factors are what make these really uniquely valuable in terms of a betting market or trading exchange kind of thing. Chitra: So what's the core innovation here? What's the true value of these decentralized platforms do you think? If you were to sum it up. Matt: Gambling is a good way to get network, bootstrap network. Because everyone likes to gamble. We've been doing this forever. Dice is a really old kind of game people bet on. It's something people want to do and it's something that governments tend to restrict people's access to. So we can get a lot of people on this platform to start using it. But the results of using these markets is we get two really cool things out of these prediction markets. The first thing is that we can uncover information the world has at large but isn't able to voice about what's going to happen to the world. We were talking about earlier, maybe it's something trivial like the Red Sox versus the Yankees, or maybe it's something much more meaningful, and I struggle to find a good example because I didn't prepare well enough, but we can sort of see, maybe we're talking about an election or something, and maybe there was some key insight about what's gonna happen in this local election that a few people have. So we might be able to give them a financial incentive to reveal that information monetarily, and potentially anonymously if you're very careful, so they get rewarded for telling the world that they feel very strong, they feel this many dollars strongly that this is gonna happen. So we get this information service. The other thing that we get out of these platforms is specifically in the blockchain space is that we get this information from the outside world, like Yankees versus Red Sox or who won the election, and we are able to inject it in a trusted verifiable way into a blockchain ecosystem. This maybe will get a little technical, but the way smart contracts on most blockchain platforms work is that they're what's called deterministic. There's no opportunity for them to have any sort of randomness. They just sort of are a pure result of whatever the inputs to the function of this smart contract program is. That's cool, but what it restricts you to is that you can't get any non-deterministic sources. So you can't reach out to the normal Internet. You can't go to like Weather.com and then figure out what is the weather today? So there's no really great way for you to write programs that run in a decentralized application that act on these external real-world events. You can do it with what's called an oracle. There are a few sites and services that will do this, where you say like take the information that's published on this webpage and then insert it into the blockchain. That is one way to address a problem. The problem with it is that you have to trust the service that's doing that. One person is publishing a transaction that says the weather is 95 degrees today. The cool thing about these prediction markets when they run on this blockchain is that there are financial incentives to make sure that everyone that's participating agrees this is actually what happens. It was actually 95 degrees that day. Trump actually won the election. Chitra: So basically you're putting money behind it so it makes a difference. Matt: Right. You're putting an incentive for everyone that knows that this thing happened to say this is the thing that happened and they will lose that money if they lie. This is really powerful because other smart contracts can leverage these platforms. They can point at these prediction market contracts and say okay I'm interested in the outcome of this result, I want to know what happens. I want my contract to do something in case Trump wins, in case Hillary wins or whatever. Which is something you couldn't really very verifiably or trustlessly do before these sort of decentralized ora…

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    Surviving the Crypto and ICO Advertising Ban— Kelley Weaver — Running with Unicorns Ep. 7 Jan 24, 2019
    Show notes

    Kelley Weaver joins us today to talk about the factors that influenced Facebook, Google, Twitter, and other digital advertising giants to institute sweeping bans on cryptocurrency and ICO advertising on their platforms. We talk about how these crypto businesses are faring as a result of these restrictions (some blanket bans have been recently relaxed to varying degrees) and what impact they’ve had on the bottomline and survivability of these crypto businesses. We talk about the creative ways in which companies and ICOs are navigating these ad bans and getting their story out to potential customers and investors. And we look ahead to the long-term effects of the ad ban on the industry as a whole. (Disclosure: Gem’s portfolio app marketing was adversely affected by the ad ban.) -- Topics Covered in this Conversation with Kelley Weaver: – The ICO gold rush and resulting scams, frauds, and nefarious schemes – The ad ban as a way to protect innocent retail investors – Both sides of the ICO equation, the good and the bad – How the ad ban will help investors but also hurt legitimate businesses – Walking the fine balance between protecting investors and helping innovation – Companies are turning to other ways of getting the word out – Using the power of story-telling and platforms such as Telegram – The rise of influence marketing to replace ad campaigns – How the public relations industry is evolving to adapt to crypto and ICOs – A pause in action and the breath of fresh air in the post-ICO frenzy is a welcome change for PR firms – The importance of due diligence for PR and marketing firms in vetting ICOs from a liability perspective – Moving the narrative from the hype of ICOs to the promise of blockchain technology and cryptocurrency Questions and Comments? podcast@gem.co Guest Contact Information LinkedIn | Twitter | Website Resource Links Big Tech Are Banning Crypto And ICO Ads - Is There A Reason to Panic? Twitter Will Ban ICO Ads Starting Tomorrow Twitter Confirms Ban On Cryptocurrency Ads Facebook Lifts Ban on Crypto Ads; Will Other Sites Follow? Facebook is reversing its ban on some cryptocurrency ads The Hustlers Fueling Crytpocurrency’s Marketing Machine MailChimp's Ban on Cryptocurrency Marketing Is Causing Collateral Damage Cryptocurrency startups bypass Facebook ad ban with sly marketing tricks Breaking: Google to Reverse Crypto Ad Ban for Exchanges Advertising in US, Japan Google Partially Reverses Crypto Ads Ban Twitter, Google and Facebook have banned cryptocurrency ads — but these networks still haven’t Here's Why The Cryptocurrency Market Is Not Too Spooked About Google's ICO Ad Ban What no One Tells you about Google-Twitter Crypto Ad Ban Which Social Media Sites Still Allow Crypto Advertising? -- Chitra: Hello and welcome to Running With Unicorns. Your portal to the world of cryptocurrency. I'm Chitra Ragavan, Chief Strategy Officer at Gem. The topic of today's discussion is the crypto ad ban by Google, Facebook, Twitter, and other social media giants. My guest is Kelley Weaver. She's Founder and CEO of Melrose PR and host of the popular podcast, Crypto Token Talk. Welcome, Kelley. Kelley: Thanks so much for having me, Chitra. Chitra: It's great having you. As you know, in January when Facebook announced that it was going to ban cryptocurrency companies and ICOs from advertising it created quite a wave in the industry. And then Google followed to Twitter, Linkedin, now even have Reddit and MailChimp. They're all jumping on the bandwagon and saying that cryptocurrency and ICOs can't advertise on their social media platforms. So when Facebook said that these companies are engaged in misleading and deceptive promotional practices, what were they talking about? Kelley: So I think when we... Last summer or in the past 18, 24 months, you've seen a huge shift in the way that capital is being raised via these ICO campaigns, which stands for Initial Coin Offering. I'm not sure how familiar your audience is. And there was sort of this gold rush mentality of I need to raise money for my project. And there was a lot of innovation happening. A lot of amazing ideas. World changing ideas for how to implement this novel blockchain technology for projects. But then there was also... It was a global rush to raise money and culturally I think... Not that any specific culture is to blame, but there was this mentality of, oh, it's so easy to raise money right now. I might as well throw together an idea, launch an ICO. It must be so easy to raise money. And there was a lot of money being raised for the sake of raising money as opposed to money being raised for the sake of fostering innovation. And maybe some... I think there was also a middle ground of some teams that maybe had a great idea and had the purest of intentions, but didn't have the expertise in terms of how to organize a team to make that happen once you raise in the millions of dollars. What do you do to make that... Bring that idea to life. So in other words, the backstory was that there was all this money being raised and not necessarily all this innovation happening just yet. It was too early to tell. Now I think what happened unfortunately was we saw a variety of the different types of things that I talked about. So we had teams that had the purest of intentions that really were going to develop technology that could change the world and are still heads down building that. We had teams that had the purest of intentions that once the money was raised, weren't necessarily able to deliver on that. And then we had teams that only raised money to by a Lamborghini or for selfish reasons. And I do think that culturally one of the reasons that Americans were maybe spooked is that there is a sort of I would say an ethics bar or an expectation bar around fundraising in the US. If you raise money in Silicon Valley, for example, you have benchmarks for success. And in other countries, maybe that wasn't... Maybe it is okay to go and buy yourself a car when you raise all this money. But here, I feel like there's a moral standpoint where that wouldn't really fly. That wouldn't... So unfortunately, because all of this was happening and there was so much of the latter of what I was talking about about money being raised maybe not for the right reasons that unfortunately a lot of uninformed excited enthusiasts who wanted to jump in and they were maybe hearing that their neighbor had put in $10 and now had $1000 worth of this cryptocurrency or this new coin that they had that people were uninformed and basically buying what they believed would... Something that would increase in value. And so I think ultimately Facebook made a call to protect the greater public from misleading information. Now, some of that was purely misintentioned. And some of that may not have been. Does that make sense? So I think there was a combination. But ultimately Facebook was trying to protect the mom and pop investors from making decisions from I suppose impulse buying when they didn't have all of the context. And because it was such a new wild west of fundraising. Chitra: Yeah there was this Wall Street Journal investigation that showed that 20% of almost 1500 ICOs turned out to be scams. So there's definitely an ethical reason for companies like Facebook to say let's pause for a minute and see are we serving the public good when we do that. But on the other hand, there are people who say that cryptocurrency is a very revolutionary kind of technology. blockchain technology is gonna change the world. And when you come down hard in this way, you are essentially chilling innovation. You're having a chilling effect on innovation. So who's right? Kelley: Yeah. No, it's a great question. And I do see both sides because ultimately there are companies who are building the future of how we're gonna transmit financial assets, and how we're going to transact with each other in the future, and how we're gonna store information. And that shouldn't be stifled. And unfortunately, by Facebook putting the ban on ads relating to cryptocurrency and blockchain, not only are they preventing the potential ICO scammers who are saying, "Buy this. 10X returns." They're also potentially preventing companies who are very legitimate. Like your company, Gem, for example. From being able to run a legitimate campaign that has nothing to do with raising money. It has much more so to do with engaging a community and generating a user base who might be actually interested in what you're offering. Chitra: And launching a product. Kelley: Exactly. So it's tricky because yes, the ban was very wide spread. And so it was ultimately... It affected both those who were out for the good and the negative. But I think at the time when this ban came down in January, it was sort of the, I would say, the wave was cresting at the height of the just exhaust... Us as a service provider, were just simply exhausted with the amount of noise that was happening that didn't really have merit. So ultimately, I think that this was maybe a positive step in the right direction. But was it the right long term? Are there better ways? Potentially could they look at maybe you can't sell your investment but maybe you can talk about your product or your technology. Or maybe there's some middle ground where it's not… Chitra: Mm-hmm (affirmative). Well as you know in July, Facebook then said, "Okay, we're going to now partially reverse what we did and we're going to allow a limited set of companies, legitimate companies, if we deem them to be legitimate, to be able to advertise." So that raised another fire storm because then people were saying, "Well, they realized there's so much money to be made so that's why they're now allowing companies to advertise. But I think if you kind of step back from kind of being this close to the debate, you kind of see this David versus Goliath kind of philosophical battle between the centralized social media giants like Facebook and Google. And then you have kind of the decentralized new movement. The crypto innovators. The scrappy little startups. And so you kind of see this philosophical battle too and the question is who's gonna win it? Kelley: I'm not sure who's gonna win. But I ultimately think that Facebook is doing... Is making decisions that they believe are in the best interest of everybody at play here. And I think that they're not trying to. They maybe recognize that they might be stifling innovation, but they're not trying to so that's... It is tricky. As a centralized entity, they're going to have to make decisions about what they can and cannot have on the platform. Can they have terrorism, for example, or things like that. They have to make some calls either way. Right or wrong. But ultimately I think that as the industry matures ... We've seen a lot of maturity happen. Even since January when that call was initially made. There's a much greater awareness from companies that are even performing ICOs or fundraising that they can't just sell securities to the greater general public. Many companies are offering security offerings only to accredited investors. We weren't seeing that last fall, for example. So the industry is maturing. And as such, my hope is that company centralized institutions that are sort of calling the shots here are going to say, "Okay, as the industry matures, we believe in these companies that are really trying to innovate here and we're going to support them," is my hope. Chitra: Yeah. So I was just gonna add. It's a perfect segue to looking at how this is all going to evolve. Will Google, for instance, look at what Facebook did and say, "Yeah, maybe as things... As the dust settles, we can maybe relax our rules a little bit." And there are a lot of social media platforms that are saying, "We don't believe in an ad ban. And we are going to support advertising." So where do you see all of this headed? Kelley: It's interesting because as a public relations professional and marketing, we don't do as much on the advertising side. But I do remember ads that I was being targeted with, for example, last fall. And it would be like buy this ICO, 10X returns. And that needed to end. So they had to start somewhere. So I support the big... Them for making a move. But how companies will innovate around this, I think that companies are having to turn to other methods to engage their audience as opposed to just advertising. So while that may pose a challenge, it also provides opportunities for them to get scrappy, like you said. Scrappy startups are using other methods. They're harnessing the power of communities on platforms like Telegram. They're utilizing Twitter to deliver messages. They're- Chitra: And influencer marketing. Or turning to companies like yours. Kelley: Yes. Yes. Chitra: To get the message out in other ways. Kelley: Yeah, reaching out to podcasters and influencers in the space. They're utilizing Medium and blogs. Blog posts to generate thought leadership. And LinkedIn for really putting out great content. And they're not sitting around waiting for companies like Facebook to reverse their policies. They're moving forward and trying to tell their stories using other methods. Which I think is really clever and smart. And ultimately, I think what companies... At least what we educate our clients about is sometimes they come to us and they say, "How do I market my offering because I'm gonna be a security token offering," for example. And we say, "It's really not about what you're offering to the market. It's about..." Well, in terms of the investment standpoint, we really like to talk about the power of the technology that you're going to be delivering to market. The power of the problem that you're solving here. A lot of times educating about the issue at hand initially. So it's really about the greater story about what you're bringing to market as opposed to how you're selling the investment. Because ultimately you want to generate awareness whether or not the person that you're marketing to is going to be a potential investor or not. So it's much more about storytelling and generating those great angles than it is about pedaling your token. And so that doesn't really... Ultimately doesn't really... Ultimately the storyline is going to be similar throughout. Does that make sense? Chitra: Yeah. And I guess the market has to mature too. The industry has to mature in terms of how it's delivering these messages and how to get it across to the right communities. The other question is when you have a marketing ban like this, an advertising ban, is the average Joe investor, Joanne investor out there actually protected or are they actually ill served by not being able to get access to information or not being able to be marketed to? Where do you come down on that? Kelley: My feeling is ultimately, especially right now that they are being protected. What I was seeing over the holidays, for example, and in the fall was a lot of people just wanting to jump in. How do I get my hands on some bitcoin? What are these ICOs? I heard my neighbor made 10X returns, how do I get in on that? And when you have that kind of crowd mentality, that's not the type of people who are in it for the right reasons, who are seeing it as a long-term investment, who are taking the time to educate themselves on what this is. So I do think that for the time being, they are definitely being protected. Because I do think it's a dangerous and a slippery…

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    The Politics of Crypto  — Jill Richmond  — Running with Unicorns Ep. 6 Jan 17, 2019
    Show notes

    Jill Richmond joins us today to talk about the U.S. government’s somewhat mixed success to date in regulating cryptocurrency and the growing push by predominantly conservative political forces to reduce federal intervention and give states a bigger say in how this new economy is regulated. Jill brings us up to speed on how crypto trade and lobbying groups such as the Digital Asset Trade Association (DATA), which she Co-Founded, are faring in their efforts to ensure that states pass consistent laws across the board. And she explains how the growing tensions between states and Washington D.C. on crypto regulation involves the principle of federalism. We’ll give you a report card of states and show how some states are doing better than others at this political gamesmanship. Tune in to find out what’s fact, what’s substance, and what’s grandstanding in the growing political battle over cryptocurrency. Topics Covered in this Conversation with Jill Richmond: – Patchwork of federal regulations – Confusion and lack of clarity – Complex woolly regulatory environment – States trying to create clarity for companies – Many states also creating patchwork of laws – Difficulties of crypto companies to get banked – Interest from banks to move to foreign jurisdictions – Confusion over definition of cryptocurrency and ICOs – Role of federalism in crypto politics – Conservative groups working to give more power to states – Digital Asset Trade Association (DATA) working to create consistent state legislation – States Report Card – How DATA was created and got involved in legislative activity – States doing the most on regulation – Gubernatorial races and impact on industry – Wyoming becoming Delaware of crypto – Rise of crypto banks – Getting Congress to become more engaged – Closing thoughts and key takeaways Questions and Comments? podcast@gem.co Guest Contact Information Jill Richmond LinkedIn | Twitter | Telegram Website: Digital Asset Trade Association Resource Links Blockchain and Cryptocurrency: State Law Roundup US Election Sees Crypto-Friendly Politicians Win Governor Races DATA Continues To Move the Needle in Wyoming Wyoming Eyes Creation of Blockchain-Friendly Bank to Lure Bitcoin Startups State Regulations on Virtual Currency and Blockchain Technologies Crypto industry leaders warn Congress: Figure out regulation, or watch innovation leave the US Colorado Digital Token Act Wyoming wants to be Delaware of the West With Business Court U.S. State of Wyoming Defines Cryptocurrency ‘Utility Tokens’ as New Asset Class Transcript: Interview with Jill Richmond Interview Recorded On: January 8th, 2019 Topic: Politics and Crypto Chitra: Welcome to the show, Jill. It's great to have you. Jill: No, it's great to be here. Thanks, Chitra. Chitra: Thanks so much. So this past year there was a tremendous amount of interpretation and confusion it seemed on how different federal agencies were defining how cryptocurrency should be regulated. Jill: Sure. So - and I think to lean into that a little bit more - I think you have everyone from the SEC to the CFTC to FinCEN determining whether we're looking at property, we're looking at commodity, or we're looking at a security, but none really turning around and saying this may be a new asset class. So, what you have is agencies that leaned in really hard without creating a lot of clarity and companies wrote reactively and proactively trying to respond to what was either coming down the pike as they anticipated it. And so, interestingly enough, what you've started to see as a result of this kind of complex woolly regulatory environment is states and hopefully on the federal side, trying to lean as heavy as they can and trying to create some clarity for companies, individuals, and otherwise, and obviously consumers in terms of how they need to behave, operate within a framework in the United States. Chitra: Let's pause for a minute and talk about the current state of affairs for businesses and investors when it comes to pain points and friction in how they're operating. Jill: Okay, sure. So, I guess you sort of need to define what you're talking about here, are you talking about cryptocurrency? Are you talking about blockchain technology? Chitra: Cryptocurrency. Jill: Cryptocurrency, fine. Okay. So for cryptocurrency, you have a lot of companies that have very difficult time trying to get banked. So there are banks that are more or less unhelpful to companies that are operating in the US and companies are finding themselves having to find a jurisdiction and bank outside of the US. So there's this, I would say, this interest in moving to other jurisdictions. So that's a huge pain point for companies. Certainly companies who were trying to bank class last year had a very difficult time. I can get to that later. In terms of what legislation is on the ground, possibly in Wyoming to have a bank that basically is supporting blockchain and crypto-based companies. There are pain points around, even companies, and I'm often uncomfortable in discussing it, but there were companies who essentially said, look, we want to do an ICO. Can we do an ICO in this country? Does that mean that we have to turn around and now only work with accredited investors? Chitra: An ICO is an initial coin offering, which is a method of crowdfunding in cryptocurrency. Jill: Yes. So, essentially, companies last year were producing utility tokens and treating those utility tokens effectively as an investment vehicle and running afoul of major securities law. Essentially treating a token, utility token, extensively, which needs to be treated as utility token. In other words, the token has utility consumptive value within the ecosystem. Chitra: Unlike a security for instance, which the SEC says ICOs and tokens essentially are. Jill: That's right. So there is still real value in having a utility. That utility token, however, should not, could not, cannot be treated as an investment contract per se. So it's the intent around what that token’s primary purpose is. Chitra: And this is a source of great disagreement at the federal level. Jill: It is still a source of great disagreement, although I don't know because the disagreement is such that, the SEC still looks at the how we test as- Chitra: Which is a supreme court test that deals with securities regulation. Jill: That's right. And so, in applying that test to, I guess a utility token, it can be very complicated. And as I said, it often is about the intent of the utility tokens. So, there was legislation that was created out in Wyoming. We can cover that, HB 70, which was a bill that was passed in a Wyoming last March that we helped. And I can tell you that we helped shepherd along, which really stipulated effectively what a utility or an open token is and that it is exempt from property taxes. Chitra: So this is important because the SEC says that cryptocurrency is a security and is illegal unless regulated by the SEC, then you've got the commodities future trading commission. The CFTC says, oh no, cryptocurrency is a commodity. And then you have the IRS saying cryptocurrency is property. And then you have FinCEN which is the treasury’s financial crimes enforcement network saying that it is money. So you have all of these different interpretations. But now you have a state named the Wyoming saying, we believe that utility tokens can be essentially exempt from- Jill: Property taxes. Chitra: ...from property taxes. So it seems like this is a perfect example of federalism at play. So can you talk a little bit about how federalism is kind of playing a role here and eventually they'll, it seems that in situations like that often courtside with the federal laws and so how will this all play out? Jill: Yeah, it's a good question and we haven't seen it yet. So yes, it is a perfect example of federalism, but you still have major issues that fall within, I guess financial markets to some extent, taxes and otherwise that are still at the purview of the state level. So, as long as you are working closely with the state securities, if you're working around securities law as it relates on the state level, you're extensively okay. Do I think that there's going to be a showdown about what's happening in Wyoming? I don't know. We haven't seen it yet and it's hard for me to predict whether we're going to start seeing the courts take on what's happening on a state level. It's still extremely nascent right now. I mean with Wyoming being probably the front runner and the most maybe controversial legislation on the ground in one particular state. Chitra: Let's go back to the broader area. It seems that many states are now weighing in on how cryptocurrency should be regulated. And the Brookings Institute essentially categorized states in seven different ways. And they said there are states that are unaware, reactionary, appreciative, organized, actively engaged and recognizing innovation potential. And I know that your trade group, The Digital Assets Trade Association has also done a lot of work and done a report card on how states are fairing when dealing with cryptocurrency. Can you sum up what you’ve found? Jill: Yeah, I think that's fair. So what you saw in 2014, is the first wave of kind of 20 states that came in and started to regulate or started to create legislation acknowledging cryptocurrency and more or less protecting the consumer. So you've got New York and California and the license. So, but fast forward to 2018 really is sort of the next wave of states that fall within those sort of seven categories. So for us at The Digital Asset Trade Association and I love the Brookings, I thought Brookings did a great job of breaking that down, at least for people who were slightly unaware of what's going on on a state level. What we did is take it a little, a step further, which is to say the elections are imminent and let's kind of highlight some of the governors that we know are either proactive. So in the case of Colorado, we had Jared Polis who we know as a state legislator, formed the blockchain coalition. Chitra: And you're referring to the 2018 midterm elections. Jill: [crosstalk] That's correct. Yeah. So anyway, the short version of a long story is that where seven of those states fit. So there are seven key states that are really looking into legislation that not only is acknowledging the technology, but are creating safe harbor legislation and also, trying to identify where blockchain technology fits around public and private services. So, can we have state records on a blockchain? Can we have... how are we treating smart contracts? So you have places like Delaware, Arizona was extremely progressive. Wyoming as we know which issued and passed six bills last year, extremely progressive and probably the most progressive. So our scorecard was basically giving, we're giving governors and states, essentially an A rating or a passive rating or an A rating, so to speak. So at least voters started to understand where their state fit and where their legislators fit around adopting legislation that was probably creating job creation within their state. So it wasn't just about cryptocurrency, it was, look, we're taking a really strong position. We want companies to set up shop in the case of Wyoming and we want to be seen as an innovation hub. Chitra: So what's at stake really here is the entire new ecosystem that's being built around cryptocurrency. So it's a jobs and attracting more companies to increase your tax base. There seems to be a lot at stake here. Jill: Yeah, there is a lot at stake and I think there's still that pivotal moment where legislators are starting to see if they take action, they can retain talent, company innovation, staying either in-state and not fleeing to a new jurisdiction. That's the hope. That, that innovation, that sandbox legislation that gets put on the table in Colorado for instance, creates opportunities for new financial based or fintech-based companies to operate within their state and not flee and go somewhere else. Chitra: What are the stakes for crypto businesses in terms of the friction we talked about, the pain points, what do they want? Jill: Oh, well. I guess it was September of this year, there was a real, there was a round table on a federal level that was put together with a number of major players within the industry and above and beyond all else, it was clarity. It was just clarity. It was the, look, in order for us to have big money come into this industry, it needs to be regulated well, it needs to be regulated with clarity and their hopes in the friction at least as far as they're concern is as they're building new financial products and infrastructure, that clarity means everything in terms of, again, where that innovation is coming from. Is it in Korea or is it really coming out of the United States? Is it coming from Malta or is it coming from the United States? Chitra: So you have at the federal level, a patchwork of guidance and confusion. And now you have states jumping in and every state is trying to issue its own idex on regulation of cryptocurrency. You have the underlying kind of a conservative political movement steeped in federalism that's tried to give more [crosstalk] power to the states from ALEC, the conservative organization, the American Legislative Exchange Council. So you have that underlying kind of political movement that's driving some of this stuff. And then we have groups like yours that's trying to wrestle all of this to the ground and finding some kind of consistency. So how is this all working out? Jill: Well, it's complicated. So, and maybe it helps if I give a little bit of an information. Oh, I help you understand a little bit about DATA, so- Chitra: Your organization? Jill: My organization, which is The Digital Asset Trade Association. The Digital Asset Trade Association, let me just sort of give some context to bring you right back. Digital Asset Trade Association was really formed last year. End of January, we had a round table with the chief information officer at the CFTC and the SEC and we sat down in a private room with stakeholders from blockchain and crypto-based companies and said, what can we do to help you? In not so many words, what can we do to help you communicate directly to the companies and understand their pain points and help you understand how do you either both weed out bad actors or be compliant or operate in a way that is moving the needle on proactivity? And so what came out of it, at least the timing, was Wyoming was really fast moving in introducing six pieces of legislation. And we as an organization that had just been formed, turned around and said, we're going to focus all of our energy and attention over to Wyoming. We're going to work closely with the Wyoming blockchain coalition. We're going to work closely with Caitlin Long and help them shepherd through kind of a stake in the ground and that's what we did and we did it very quickly. It was within two weeks. We sort of dropped in like a SWAT team, testified, introduced as much language, education, support as the state needed. Walked away and said, okay, we have our mission. Our mission is now to use Wyoming as kind of the ground zero, even though there were other states before, but use Wyoming as sort of the proverbial ground zero and say, now let's try and create federal language that takes HB 70, for instance, on a federal level and create consistency among states. Chitra: [crosstalk] utility token definition. Jill: This is utility token definition, exactly. And so, we started to get inbound requests from states and guidance and support an…

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    Top Tax Tips for Managing Your Crypto Taxes — Jeff Neumeister - Running with Unicorns Ep. 5 Jan 10, 2019
    Show notes

    Jeff Neumeister, Founder and CEO of Neumeister & Associates, joins us today to talk about cryptocurrency taxes, a confounding area of tax law (what isn’t?) and one that you should master if you are an investor in digital currency. Because what you don’t know could have an adverse impact on your pocketbook. That’s what happened to one U.S. college student in 2017 who invested $5,000 in Ethereum and somehow would up owing the IRS $400,000 in taxes. Yes, you stand to benefit greatly from understanding how the IRS views crypto (Hint: It’s in the same category as your house). And you’ll learn the cardinal rule of crypto taxation: The buck stops with you. This is specially important this year after the 2018 market crash since many investors are selling their cryptocurrency and fleeing the market, without full knowledge of the tsunami of capital gains liabilities that these transactions may be triggering. A forensic accountant by trade, Jeff brings great credibility to the task of walking us through the minefields of crypto taxes. He offers practical tips on everything from what constitutes a taxable event to what makes crypto taxes so challenging and how mined coins are taxed. That’s just a few of the questions Jeff answers in this episode. You’ll come away feeling a lot more confident about understanding your tax burden as you stagger into your tax prep marathon. Topics Covered in this Conversation with Jeff Neumeister What makes crypto taxes so challenging. What constitutes a taxable event? What is the difference between short-term and long-term gains? How are mined coins taxed? What happens if I give some coins as a gift, or someone gives me crypto? Do I have to pay tax on coins that were hacked? What happens if I lose some coins? What are the acceptable ways to report coin gains? What are the biggest obstacles to easily filing crypto taxes? Increasingly, there are charities that accept crypto. Is that something that would be helpful at tax time? How are exchanges doing in terms of making it easy for investors to file taxes? Can crypto losses be balanced against traditional fiat capital losses. What’s the craziest thing you’ve ever seen or heard with it comes to filing or not filing crypto taxes. Let’s step back a bit and look at the process involved - let’s look at two scenarios: Scenario A: Let’s say you are Sally Fey, a beginner investor in 2017 and you got all caught up in the buying and selling during the Bull Market and you didn’t track all the coins you traded across multiple exchanges nor did you jot down the buy/sell price for each transaction. Now your taxes are looming and you have your head in your hands. How do you regroup? Scenario B: Unlike Sally Fey, you are Matt Jones -- a beginner investor in 2019 and it’s a Bear Market and you’ve been told now is the time to buy. You’re starting with a clean slate. You’ve set up your exchange accounts, you are ready to trade. What’s good tax hygiene you should follow from Day One and on to Day 365 to simplify your tax headache for the year? Can you get away with NOT paying crypto taxes? What are the penalties for non-compliance? Any closing thoughts on how to make our crypto tax lives easier? Questions and Comments? chasingunicorns@gem.co Guest Contact Information Jeff Neumeister Website | LinkedIn | Twitter Resource Links: 3 Ways the IRS Is Taxing Cryptocurrencies Taxes and crypto Turning your 2018 Bitcoin and Crypto Losses into Tax Savings What You Don’t Know About Crypto Taxes Can Hurt You Tax Nightmare: Student Invested $5k in Ethereum & Now Owes $400k in Taxes 4 things to know about your cryptocurrency at tax time Year-End Tax Tips And Strategies For Cryptocurrency Investors IRS Guidelines Transcript: Interview with Jeff Neumeister Interview Recorded On: November 12 Topic: Crypto Taxes Chitra: Hello, and welcome to Running with Unicorns, your portal to the world of cryptocurrency. I'm Chitra Ragavan, Chief Strategy Officer at Gem. It's that time of year again, and your crypto taxes are looming. Here's what you can do about it. Our guest today is going to walk us through the ins and outs of crypto tax filing. Jeff Neumeister is CEO and Founder of Neumeister & Associates, an LA-based tax advisory firm with a growing practice in crypto taxes. Jeff, welcome to the program. Jeff: Thank you. Chitra: What makes filing crypto taxes so challenging? Jeff: It'd be probably because there are so many different things that are happening in the crypto world. It's not just mining coins or just trading coins, but there are forks, airdrops. There's just a lot happening. Because it's a new space, it's a lot that the taxing authorities are still trying to wrap their heads around. Chitra: Let's start with the basics. What constitutes a taxable event in cryptocurrency? Jeff: A taxable event is anything that results in a tax obligation or a potential tax obligation. That could be selling something, it could be generating income, it could be incurring a expense. Chitra: Is it different than in regular taxes? What are the differences and similarities? Jeff: It's similar in concept, except with cryptos there's just, again, so much more going on. Normally, if someone is just, say, a W2 earner, they have a paycheck, and that's the sole source of income that is subject to tax. With cryptos, however, if you're mining and trading in the ICO world, there's so many things that are happening that you're constantly subjected to different types of taxes. Chitra: One of the basic things one needs to know is short-term and long-term gains. How does that work? Jeff: Short-term gains just refer to anything, anytime you hold an asset or a piece of property for less than 12 months. Long-term is anything above that. Now, they also come along with different taxable rates. With long-term capital gains, it could be anywhere from 0 to 20%, so much better than what most of us pay with taxes for our income earnings. For short-term gains, it's anywhere from 10 to 37%. Short-term capital gains are essentially the same as ordinary income tax rates. Chitra: Let's look at different types of crypto and how they will be impacted by taxes. Let's start with if you're mining cryptocurrency. How do you account for those? Jeff: Mining's interesting, because it's kind of two things at once. When you mine a coin, or a fraction of a fraction of a coin, you're generating ordinary income, so whatever the value of the mined coin was, or fraction of a coin was, you have to pay ordinary income taxes on that. Then, that also establishes your cost basis in the coin that you now hold. If you do something else with it later on, trade it or sell it, you'll have capital gains on top of that. Chitra: Then, let's look at crypto gifts. If you get a gift of Bitcoin, or Ether, or EOS, how do you handle that when it comes to tax time? Jeff: If you're the receiver of a gift, then you just need to be aware of what the holder's or the donor's cost basis was. If they acquired something for, say, $100 and gave it to you, you need to make sure that you have that down in your records that your cost basis is $100. There's no tax owed on a gift received. However, if you're the gift giver, you might have to do a informational filing, a form 709. What that is is anytime you gift more, at least in 2018, more than $15,000, you have to file a form 709. You don't have to pay gift tax on that, but if you exceed your gift-giving of $5.6 million during the course of your lifetime, then you have to start paying gift taxes. Chitra: If only we could all be so lucky. Jeff: Right. Most of us will never have to worry about that, but make sure that you file a form 709, because there are penalties with not filing. Chitra: Then, can you give crypto to charity? I see that increasingly, there are a lot of, even the Red Cross and other organizations accepting crypto. When that happens, is that a good thing to do, when it comes to tax time? Obviously, it's a good thing to do in any case, but it probably helps with taxes, doesn't it? Jeff: Absolutely. It's just like any charitable contribution, except instead of giving clothes, or fiat, or artwork, or jewelry, you're giving cryptos, yeah. Chitra: It's taxed similarly? Jeff: Yes, mm-hmm (affirmative). Chitra: Then, if you're hacked, what happens? You're losing a bunch of coins because you got hacked. Do you have to pay taxes on that? Jeff: No, but you have to make sure that it's documented. It's the same thing as if someone came into your house and burglarized it, right? It's a casualty loss. That would be an itemized deduction. You have to make sure that you record those things. Chitra: What if you just lose your crypto? Like, they're on some exchange, you don't know where it is, or you've lost the password. Can they figure it out that you have this crypto? How do you account for the missing crypto? Jeff: That's a little bit more challenging. If you no longer have access, say, to your key, and you'll never obtain access, then that could be construed as a casualty loss, as well. If you just say, "I don't know which exchange it's on," hopefully that won't come up if you're audited, yeah. Chitra: And if you are? Jeff: Then, as long as you show a good faith effort in being consistent and transparent with taxing authorities, and they could see that you're not trying to hide anything, then you should be okay. Chitra: Do you hear of people that are trying to hide crypto by claiming losses, that they've lost it? Jeff: Some folks, yeah, yeah. More egregious than that, though, we've had, there was one gentleman that was seeking out a CPA, who made a little over 2.5 million in cryptos, and said, "No, I'm just not going to file. If they want the money, they have to come after me." Chitra: Did they? Jeff: Well, that's what's going to happen over the next couple years, yeah. The IRS has started mounting a task force specialist specifically to investigate cryptocurrency filings. Chitra: Is that going to be an easy task? Will they find people that are scofflaws? Jeff: They will absolutely find people, right? It's going to be interesting in the tax world for the next couple of years, and tax courts, people fighting them. Chitra: You're seeing a lot of new developments in tax filings, in tax law as a result of this? Jeff: Not yet. Really, they're just kind of testing the waters, now. The last, about a year ago, they started issuing subpoenas to exchanges, and they were winning, to get transaction records from them, so they could see what people are trading and how much people are earning, so they could compare that with individual tax returns, to find evidence of those that are evading their taxes. They're just starting to institute those audits now and will be taking these folks to tax court as needed. There's a lot of things that will come out of it, but it hasn't happened yet. Chitra: Because I think, particularly in the early days, there were probably a lot of people who weren't filing taxes. Is there like a statute of limitations, or does it matter if like 10 years ago you weren't filing taxes, and now the IRS is starting to think about this and starting to do these audits? Jeff: There is a statute. It's, generally speaking, three years from the date of which a filing was due, but that's only if it was an innocent mistake. If you're intentionally evading, there's no statute on that. Chitra: How do you report, typically, gains and losses? What's the process? Jeff: The process is usually, you want to have everything calculated, all the transactions. Coin for coin, coin for fiat, and those will be itemized on a form 8949, and summarized on a schedule D, which are attached to the tax returns. Chitra: Having done my crypto taxes this year, it's fairly complicated. It's just, you have to look at every single transaction. Talk a little bit about what that process is like. It's fascinating for me to see the level of detail and how you actually go about finding those records, if somebody hasn't kept those records, and being able to trace the flow of that currency from the exchange to your wallet, or if you're trading, you've got all of these multiple transactions that have taken place, hundreds, maybe thousands of them. Jeff: Yeah, it could get very complicated. That's why a lot of our clients have come to us, to help them untangle these complex array of transactions, ranging from, if they have a few hundred coins that they're trading across multiple years, you can end up having thousands and thousands of cost pulls, because you have to trace every single transaction to its cost basis. Its cost basis depend on whether you used FIFO, LIFO, or HIFO. Chitra: Explain that a little bit. Jeff: Sure, yeah. Those are the manners in which you inventory the cells of different coins. LIFO, last in, first out, that's saying, when you sell a coin, you go to the last time that you had acquired that coin, and you sell it out of that pool. If you're buying and selling coins all day long, go across multiple months, you have many cost pulls, even thousands or tens of thousands of cost pulls. FIFO, first in, first out, is where you sell your oldest coin. What that does is it will result in fewer long-term capital gains, but you're kind of eating up your tax obligation now, versus deferring it to later on. Chitra: Let's say I'm trading, okay? I'm on exchanges, and I'm trading. I'm not really thinking about ... It's not something you think during your trading process, right? It's something you do after the fact. I'm not thinking LIFO and FIFO when I'm like, "Let me find what's my oldest Bitcoin, and let me trade that for Ether." I'm just like, trading. Am I doing the right thing? Is this something you go after the fact, and start to look through it and make those calculations? Jeff: The easiest thing is to maintain good records, so that whoever, whether you're doing it yourself or outsourcing it to a professional like us, then they could go through those records a lot easier, because it does get complicated. As long as you have the information, it could be all untangled. Chitra: What's the largest number of transactions you've done, filing taxes, that you've seen? Thousands, hundreds of thousands? Jeff: Probably in the hundreds of thousands. I think our largest client had a little shy of 200,000 transactions across about 2.5 years. It was a lot. It took a massive amount of manpower, because there isn't a way to fully automate it, yet. We've established a proprietary method to semi-automate portions of it, but not the whole thing. There's still a lot of manual touches that have to be done to it. Chitra: Were you able to do it? Jeff: Yeah, yeah. We were able to untangle all of it. He had a massive tax obligation, but most importantly, it'll keep him compliant with the IRS. He had the cash, right? If you make a million dollars in cryptos, and if you have to pay a few hundred thousand in tax, you know, you're still coming out ahead. Chitra: This is true. What are some of the biggest obstacles today for average investors, when it comes to filing taxes? Jeff: I think having an understanding about how complex the tax aspect is with cryptos, if you're trading, mining, doing anything else. I think just being aware and mindful of that. Chitra: There's also the issue of documentation, right? For example, different exchanges can give you different levels of information about your trades, so at the end of the year, s…

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    Crypto Philanthropy Packs a Punch – Alyse Killeen - Running with Unicorns Ep. 4 Jan 03, 2019
    Show notes

    BitGive Interim President, Alyse Killeen joins us today to talk about how non-profit charities are increasingly accepting cryptocurrency as donations, and how these digital assets are revolutionizing global philanthropy. She describes how the process works and why blockchain technology and cryptocurrency are an important way to increase transparency in tracking how foundations are using your donation. Alyse talks about the birth and growth of BitGive, the first Bitcoin and blockchain non-profit charity, which just celebrated its fifth anniversary. She describes some of the complexities of donating crypto assets, both for givers and receivers and the “magic bean” challenges foundations confront in converting these contributions into something that’s truly useful to those in need.


    Crypto News Roundup: A Time for Reckoning - John Marchesini - Running with Unicorns Ep. 3 Dec 20, 2018
    Show notes

    Blockchain Beach Co-Founder, John Marchesini joins us today to talk about this long hard year of uncertainty for crypto investors and the industry as a whole. John describes the biggest events of 2018 that roiled the markets, sent investors fleeing, and sent shockwaves through the industry. We discuss the key enforcement actions by the SEC relating to ICOs and other SEC announcements or lack thereof that had market impact and how it’s just the tip of the iceberg. We talk about the growing sensitivity of the cryptomarkets to global news events and forces. And we analyze the impact of the market downturn on the industry as a whole, with layoffs and buyouts already at play and more on the horizon. John looks back at the 2018 predictions that came true and the ones that didn’t. And he has some informed projections for 2019.

    Questions and Comments?

    chasingunicorns@gem.co

    Guest Contact Information

    John Marchesini

    Blockchain Beach

    @John_Marchesini

    LinkedIn: John Marchesini

    Resource Links:

    1. SEC settles charges with two ICOs that opens the door to non-fraudulent cases
    2. https://www.cnbc.com/2018/11/29/sec-charges-floyd-mayweather-dj-khaled-for-promoting-icos-without-disclosing-payments.html
    3. https://cryptovest.com/news/consensys-layoffs-mark-freezing-point-in-crypto-winter/
    4. https://www.forbes.com/sites/jeffkauflin/2018/12/05/cryptopia-in-crisis-billionaire-joe-lubins-ethereum-experiment-is-a-mess-how-long-will-he-prop-it-up/?utm_source=TWITTER&utm_medium=social&utm_content=1958373349&utm_campaign=sprinklrForbesMainTwitter#76351ddb2f0a
    5. https://www.newsbtc.com/2018/12/01/what-is-bitcoin-crypto-featured-as-category-on-jeopardy/
    6. Jay Clayton's remarks at Consensus Invest 2018 (it includes the full video interview).
    7. Former SEC Chairman Chris Cox’s remarks at StartEngine Summit (Recap)
    8. Former SEC Chairman Chris Cox's remarks at StartEngine Summit
    9. The (Future) Most Valuable Company In The World

    Can Cryptocurrency Cross the Chasm? - Micah Winkelspecht - Running with Unicorns Ep. 2 Dec 13, 2018
    Show notes

    Micah Winkelspecht joins us today to analyze the forces that are shaping the volatile cryptocurrency markets and the evolution of the decentralized ecosystem. Micah offers insights into the many pain points that are confronting the industry and what it’s going to take for digital assets to cross the chasm into mainstream adoption. Chitra spoke to Micah in early October, just two weeks shy of the 10th anniversary of the Satoshi Nakamoto whitepaper, “Bitcoin: A Peer-to-Peer Electronic Cash System.”

    In this in-depth interview, Micah describes how his casual interest in cryptocurrency as a software engineer in 2010 turned into crypto evangelism after reading the Satoshi whitepaper in 2013. He fell down the cryptocurrency rabbit hole from which he hasn’t yet emerged (and likely never will). Having been through four crypto down-cycles, Micah offers tales from the front to help us put the current market volatility in perspective and looks ahead to how the decentralized ecosystem will evolve over the next decade.


    Cryptocurrency and the Law - Morvareed Salehpour - Running with Unicorns Ep. 1 Dec 06, 2018
    Show notes

    Morvareed Salehpour joins us today to discuss the complex legal issues around blockchain technology and cryptocurrency. An attorney and public speaker, Morvareed became interested in the space back in 2012 when she began reading about how cryptocurrency was being used in role-playing games (RPG). As these digital assets gained traction in real-world financial transactions, she started studying the complex jurisdiction, liability, and enforcement challenges of this decentralized technology. Morvareed shares some of her perspectives on how blockchain and cryptocurrency are transforming the legal landscape thanks to the rise in cryptocurrency securities lawsuits. Topics Covered: – How she got started in this space – Biggest legal issues of blockchain technology – Cases now working their way through courts – Case law being developed – How various countries are handling legal challenges – The questions around intellectual property – How can businesses protect themselves – The rise of cryptocurrency lawsuits – How average investors are affected – Top three takeaways – Closing thoughts Questions and Comments? chasingunicorns@gem.co Guest Contact Information Morvareed Salehpour Attorney & Public Speaker https://www.salehpourlaw.com Transcript: Interview with Morvareed Salehpour Interview Recorded On: September 17, 2018 Chitra Ragavan: Welcome to Chasing Unicorns, your portal to the world of cryptocurrency. I’m Chitra Ragavan, Chief Strategy Officer here at Gem. Today’s topic is how blockchain technology and cryptocurrency are disrupting the legal landscape. Joining me is Morvareed Salehpour. She’s a noted attorney and speaker on blockchain technology and cryptocurrency. She’s based here in Los Angeles. Chitra: Welcome, Morvareed. Morvareed Salehpour: Thanks for having me, Chitra. Chitra: Tell us a little about yourself, and how you first became interested in crypto and blockchain legal cases. Morvareed: Sure. So I am a lawyer, and I first learned about the blockchain cryptocurrency space in 2012, 2013. It was a point where it was being used for RPG games as a way to buy virtual beers in virtual bars, and there was a double spend problem at that point, so digital currencies weren’t an actual thing that could be used in business. But I started learning about that in the legal context as people started exploring that as an option for conducting financial transactions and the potential there. So I stayed on top of it and continued to learn more and more about it and started to get more and more involved and working on matters in the legal space that continued to evolve as the double spend problem was resolved, and it became more of a real space that people were transacting business in. Chitra: And what are you finding now are the biggest challenges now in the legal space? Let’s start with blockchain technology before we start exploring cryptocurrency, since blockchain is sort of the rails of cryptocurrency. Morvareed: Yes, so blockchain technology is basically a system that, if it’s true blockchain, it’s decentralized. So in a decentralized system, there are issues with jurisdiction, liability, and enforcement, which are different than when it’s centralized, as a source of business. So, for example, with any type of jurisdictional issues, it could be the case that any location where there is a node physically located for a blockchain - that is a source of jurisdiction. Which means that conflicting laws can apply, and there are issues regarding where you can even bring suit or where you will be brought into court. Chitra: Because this is a global phenomenon. Morvareed: Exactly. It’s an issue that it’s a technology that spans the globe, and there are new issues with that because this is not something that we have dealt with before. Similarly with liability, one feature of blockchain is there is a lot of anonymity with it, so in that kind of situation, if there is a something that goes wrong like an error, or there is a fraud committed on a blockchain transaction, you then have to find issues of who’s held liable. And you may not be able to find the guilty party if there’s a fraud, for example, on a supply chain blockchain where someone has removed a tracker and put it on another product of what was supposed to arrive. How do you find that person? Two, if there’s an error in the transaction because of an error in their code, who do you hold liable in that situation? Is it the developer? Is it the central entity maybe still in control of the blockchain? So these are some of the issues that are being developed on the liability front. Similarly on the enforcement front, those issues arise again when there is a court order that is going to be issued. How do you enforce that on a blockchain where the court may not have jurisdiction over everyone - or may not even be able to logistically enforce that order in any real manner we can think of? Chitra: And this is not just theoretical. You’re actually already starting to see cases working their way up through courts, right? Morvareed: Yes, that’s correct. There are already these cases that are coming down and the case laws starting to develop. So these are all issues that some forethought should be put in by blockchain entrepreneurs and businesses to address some of these issues on the front end in their transactions and their contracts so that when things do go wrong they are put into a position where they have strong arguments for what they want the outcome to be. For example, one case is the case against NANO (RaiBlocks) in the eastern district of New York where there’s a securities violations and fraud class action by a plaintiff who lost money in the BitGrail hack. BitGrail was an Italian cryptocurrency exchange, but the plaintiff has now sued the actual NANO token founders and their company - instead of the cryptocurrency exchange - and one of the reliefs that has been asked for in that case is a court ordered rescue fork. It brings up the issues of all three jurisdiction, liability, and enforcement. Because one, jurisdictionally, how does the court effectuate jurisdiction over people in Italy or people who are part of that blockchain but are not in the U.S.? Two, how does it hold the developers liable. Is that who is going to be held liable in this case - even though they weren’t the ones who committed the theft? Three, how are they going to enforce this rescue fork? Even if they decide to rule in its favor, how are they going to stop everyone from proceeding on the unforked protocol? So that’s something that’s now pending in the courts, and it will be decided probably in another year or so. Chitra: And this also goes to this larger issue. We hear a lot about of these court-ordered rescue forks that may be coming down the pike in years or months, but that kind of almost goes against the very grain of what blockchain technology is supposed to be - kind of this decentralized democratic system of decision-making. Morvareed: Yes - so yes, that’s one of the issues with a true public blockchain. It’s not functional with a lot of our systems that are in place, and it actually creates problems and makes it more complicated for people. So it becomes a situation where one - the governments are not going to promote truly decentralized blockchain. It’ll be more private blockchains or ones with some sort of centralized actor that are going to succeed and supported by the government. In fact, we are already seeing that a lot of the blockchains we are familiar with have centralized actors. Think of bitcoin - they are centralized actors. EOS, they’re centralized actors. Those are the ones that even take off. We don’t see many truly decentralized entities. There was one - you could say maybe DAO was one, but we saw how badly that ended when there was an error in the code, and it went out of control when someone hacked it. Chitra: Talk about that - how that ended and the precedent it helped set. Morvareed: Sure. So one of the issues there was that they had created this entity that was supposed to be decentralized and people were investing Ethereum. Then basically someone hacked it because there was an error in the smart contract code and they were able to take advantage of that vulnerability and take out the funds. That created a situation where Ether had to fork to resolve that problem. So these are some of the issues that are present with a decentralized entity. There’s no central entity to try and stop a hack or to help recover. It has to be something that’s more difficult to address in those kinds of situations. And there are other kinds of cases that are coming down that bear on that realm as well. For example, there’s a big consolidated class action against Tezos for securities violations. A couple of the defendants in that case are Swiss-based entities, and they have tried to file a motion to dismiss to get out of the case based on the fact that they may not be a U.S. entity. There might not be jurisdiction over them. There is not a most convenient forum. You’re applying the SEC rules outside of the country. And the judge actually came up with a very interesting ruling. He denied a lot of the motions to dismiss, and some of the takeaways in that case are that you cannot avoid U.S. law by just structuring entities abroad. Two, the way you format your transaction, you don’t get to, for example, just pick. You don’t automatically get Switzerland even if that is included in your transaction as the subject of jurisdiction when it is a browser wrap agreement rather than a click wrap agreement so that the consumers who are entering in these transactions are not on notice. Three, the judge actually focused on the circumstances of the transaction, which was the contractual terms of the transaction. So where the effects are being felt, how it’s being effectuated, where it’s being effectuated, are more important than necessarily what the contract says. Chitra: And the number-two point, which was the browser versus the click—what was that? Morvareed: So, they basically said that Tezos, the contracts for the token sales in that situation had browser-wrapped agreements basically saying the jurisdiction is Switzerland so basically agreement was assumed. There was nothing putting the person buying the token on notice that this was what the jurisdiction would be, and there was no affirmative action by them to agree to that so it was just a boilerplate assumption of jurisdiction. The court said that doesn’t work in this case. Chitra: So you’re seeing cases in the U.S. and abroad in other countries too. Is everyone grappling with this in different ways? Morvareed: Yes. There are other countries that are stepping up in this space too. There are other countries that even tried to outlaw cryptocurrency. Other states are trying to embrace it, but one of the things to point out is that a lot of people say, “Oh, the U.S. is being very strict. They’re getting involved in the space.” But actually the U.S. is taking a very measured approach, and they have not come out saying you can’t do this. They’re basically saying that these are investment contracts, and you need to comply with securities law. There is flexibility in securities law in covering all this so they haven’t passed new regulations saying the existing rules apply. It makes sense that it applies when you’re raising funds. Second to that, when people say we should go into a foreign country because it’s more beneficial etc, they fail to realize that a lot of the different countries rely on the U.S. for their rules and regulations. We are the world leader. They follow us in terms of what the standards are, and we’re already starting to see that the U.K. is taking similar positions. I believe Switzerland has recently been taking similar positions to us as well, so the days of trying to find loopholes are very, very limited. Chitra: But even if these cases are being brought, isn’t it going to take an unprecedented amount of international cooperation to actually bring these cases to bear? Because this is a global phenomenon, and there are no boundaries, no nation borders like in other cases. So how does this work? Morvareed: It’ll be a lot of choice of law issues, which is something that we already handle in different contexts, where parties may be in different jurisdictions. You basically do this choice of law analysis as was done in Tezos case. The court decides where is jurisdiction, is jurisdiction appropriate, can I exercise jurisdiction over this entity. One of the interesting things to think about in a way is - are you taking advantage of commerce in a specific jurisdiction? If you are, it doesn’t seem unrealistic for you to be called into court and held liable for your actions. So that’s one way to think of it there, and I think there needs to be some thought put in to structuring your transactions as well as some thought put into your contracts. It can’t just be boilerplate, it has to be well thought out. You should be thinking about these issues already, because you may not realize they're coming, but they’re already in courts and these will all be addressed and new issues are rising. For example, in that Tezos case, one of the factors the judge used to determine that the actual geographical jurisdictional location would be the U.S. was that most of the nodes were located in the U.S. So these are some of the issues—where are nodes located, where is marketing happening, where are the founders located. That was another factor—where is the website located for the securities offering, or for any kind of blockchain. So it’s a holistic factor contest that is being developed, and you need to have people that understand it on your side and helping you formulate your structures on the front end. So when it goes to litigation you’re not left scrambling, trying to come up with an argument to save yourself. Chitra: When laws are written, there’s often this idea that you want to not have them be too prescriptive, too narrow because as tech changes, as the world changes, that the law should be able to keep abreast with changes in society. Do you think that current laws - both in the U.S. and internationally - are built in such a way as to be able to adapt to this revolutionary technology, or are lawyers and courts just struggling to and scrambling to kind of understand what’s happening and to keep pace with it? Morvareed: No, so that’s what I always like to say—the law has always embraced innovation, and this has happened multiple times in the past. Case law in the U.S. specifically always sets precedent. So it’s always interpretation of laws and regulations that is how our case law develops. So it is always whenever some type of technological innovation happens - for example the internet and utilities even when those came out - our laws adapted to it, our judges interpreted it, we had arguments that the lawyers made on behalf of their clients, and they basically had the law developed. And it may take some time to get clarity, because there’s a lot of gray areas, so you need someone who’s going to be able to make persuasive arguments on your behalf. And once they’re able to do that, it will depend on the judge and jurisdiction you are before too, because there are certain situations where we can have conflicting laws even in our country because there are several circuits and our circuits can have splits where a certain number of them believe it should be one outcome and a certain number believe it should be another outcome. Again, similarly for example, in an area that’s more established - employment law. There are specific jurisdictions that are more beneficial to the employee versus not. So that jurisdictional issue is very important, and that’s something you should be talking with your lawyer to see. How do I pick a jurisdiction that’s beneficial to me, and how do I structure my transaction and my contract in a way to make it most l…

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