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Terraform Labs civil trial proceeds with confidential filings

Policy & Regulation·December 23, 2023, 12:32 AM

Singaporean blockchain development firm Terraform Labs, the creator of the failed Terra blockchain protocol, has reached an agreement on a protective order in their ongoing civil case with the United States’ Securities and Exchange Commission (SEC).

Photo by Thomas Habr on Unsplash

 

Data shielded from public disclosure

The decision, sanctioned by the U.S. District Court Judge Jed Rakoff in the Southern District of New York on Wednesday, ensures that materials marked as confidential by the involved parties will remain shielded from public disclosure. The court is obligated to seal any discovery filings labeled confidential ahead of the trial.

Judge Rakoff conveyed his likelihood of denying requests to unseal these confidential documents, although the order did not delve into the specific rationale for maintaining their confidential status beyond citing “good cause.” The finalized agreement on this protective order took place on Dec. 18, with legal representatives from both the SEC and Terraform Labs, including co-founder Do Kwon, giving their consent. Kwon, presently detained in Montenegro, faces potential extradition to the United States or South Korea.

 

Pivotal moment

The depegging of Terraform’s stablecoin TerraUSD (UST) from the U.S. dollar marked a turning point in the cryptocurrency sector. This event is believed to have significantly contributed to the crypto market downturn in 2022, as it had a knock-on effect on countless other crypto businesses and platforms that were over-exposed to the flawed algorithmic currency.

That chain of events led to the SEC taking action after the fact. However, it has subsequently also pursued a much criticized “regulation by enforcement” policy relative to the crypto sector. To that end, the Commission has pending cases against Coinbase, Ripple, Kraken and Binance, among others.

In February, the SEC accused Terraform Labs and Do Kwon of conducting a multi-billion dollar crypto asset securities fraud by offering and selling unregistered securities. As proceedings have unfolded, both Terraform and the SEC have traded unsuccessful attempts to obtain summary judgment.

 

Far-reaching consequences

The ongoing SEC vs. Terraform civil case carries potential far-reaching consequences in terms of legal precedents within the cryptocurrency sector. In a separate ruling in August, the court allowed Terra to issue subpoenas to FTX entities as part of FTX’s bankruptcy proceedings. Judge Rakoff, in November, accepted confidential materials from Jump Crypto Holdings for discovery in this case.

Troubled crypto lender Genesis Trading has also been tangled up in the proceedings with the courts directing it to comply with a subpoena initiated by Terraform Labs. The outcome of this case is poised to offer essential legal guidance for numerous companies operating in the crypto space.

The SEC’s regulatory approach toward cryptocurrency firms in the United States has been subject to considerable debate and criticism. The commission’s alleged “regulation by enforcement” strategy, especially in dealings with major players in the crypto industry, has drawn accusations.

While many in the U.S. have been unhappy with “regulation by enforcement,” the upside is that over the longer haul, the courts will be able to eventually furnish the regulatory clarity that the SEC refuses to provide. The ongoing scrutiny of regulatory approaches and the outcomes of cases like Terraform Labs vs. SEC will undoubtedly shape the future legal landscape of the cryptocurrency industry.

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Markets·

Jan 09, 2024

Philippines leading charge in Asia amid global bitcoin payment surge

Bitcoin's global merchant acceptance witnessed a substantial surge, growing by 174% throughout 2023, with the Philippines proving itself in leading the way within the Asian region.Photo by rc.xyz NFT gallery on UnsplashRegion facing regulatory restrictionsThat’s according to BTC Map, a provider of bitcoin merchant mapping services. The data, derived from BTC Map's open-source mapping data via OpenStreetMap, revealed that the number of venues accepting bitcoin payments surged from 2,207 at the beginning of the year to 6,126 by the year's end. This diverse array of businesses included restaurants, bars, shops and various services. The expansion of bitcoin vendors is a global phenomenon, with concentrations notably observed in Europe, the United States and Latin America. The Philippines stands out in Asia with hundreds of vendors, while regulatory restrictions in East Asia, especially China, have limited adoption. While it's great to see a high level of direct adoption among Filipino merchants, it's easy to understand why this level of adoption hasn’t been matched within Asia’s largest market. China has had a long-standing ban on cryptocurrency trading, mining or its use as a means of payment. Despite the ban, it appears that crypto trading is still alive and well in China, although beneath the surface. With mining too, while the sector shrank considerably once a ban was imposed, there is believed to be a significant ongoing level of bitcoin mining occurring still within China’s borders. However, when it comes to vendors, this is likely to be an activity that is far too visible to the authorities and with that, China’s 1.4 billion citizens are not getting the opportunity to buy goods and services with the world’s leading cryptocurrency. Compounding matters, the Chinese authorities have been working diligently on a myriad of projects to bring about day-to-day retail use of the country’s central bank digital currency, the digital yuan. Those efforts are not likely to be aligned with an accommodation of or tolerance of bitcoin payments. The increase in merchant listings showcased a slight decline from the peak in September, which reached 6,590 merchants. BTC Map's platform allows businesses and users to tag locations accepting bitcoin payments, with the rise in numbers potentially attributed to increased user contributions to the database. This surge in bitcoin adoption globally occurred against the backdrop of the cryptocurrency's price volatility throughout the year. Despite potential limitations in data collection due to its reliance on volunteer contributions, the overall trend indicates a growing acceptance of bitcoin. Ongoing challenges to adoptionA panel of bitcoin leaders at the Plan B conference in October discussed the challenges and opportunities of global bitcoin adoption. Notably, they highlighted the difficulty of onboarding new users and merchants, particularly in diverse cultural contexts. In El Salvador, where bitcoin is legal tender, obstacles persist in convincing merchants to accept bitcoin payments. Geographically, concentrations of bitcoin-accepting vendors were more prevalent in Central and South America, while Africa and Asia demonstrated fewer such establishments. The United States and Europe led in the global count of crypto-friendly merchants. The panel stressed the importance of education in overcoming these challenges, emphasizing the need for user-friendly applications to facilitate mainstream adoption, moving away from complex technologies. As bitcoin continues its global expansion, the industry recognizes the vital role education and user-friendly solutions play in fostering broader acceptance. 

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Web3 & Enterprise·

Oct 31, 2023

Korean Crypto Exchange Giants Lead Market Expansion With Increased Listings

Korean Crypto Exchange Giants Lead Market Expansion With Increased ListingsSouth Korea’s top three cryptocurrency exchanges Upbit, Bithumb and Coinone have all increased the number of cryptocurrencies they listed for trading this year compared to last year, making them responsible for leading the market’s activity and expansion.Photo by Maxim Hopman on UnsplashDynamic shifts in listing and delisting trendsA recent analysis by local news outlet News1 on the number of cryptocurrencies listed and delisted this year on the country’s major fiat-to-crypto exchanges Upbit, Bithumb, Coinone, Korbit and Gopax — listed in order of market share size — revealed that Upbit and Coinone have increased their number of listings and delistings compared to last year.The remaining three exchanges, on the other hand, showed differing results. Bithumb increased its number of listings by 47 compared to the number listed last year, while delistings decreased by three, and Gopax listed eight fewer tokens and delisted one more token. Meanwhile, Korbit’s listings decreased by 37 tokens, while delistings decreased by only one.Among the five exchanges, Bithumb listed the highest number of new cryptocurrencies this year, with 80 new currencies in total added as of Monday (local time). This represents a more than double increase compared to the 33 currencies added last year. It is also 18 more than Coinone’s 62 new currencies and 50 more than Upbit’s 30.Differing approaches based on situational factorsGopax and Korbit have taken a more conservative approach compared to Upbit, Bithumb, and Coinone, which have been more aggressive in their listing strategies. In particular, as of Oct. 4, Bithumb has also been offering free transaction fees in an effort to regain its market share. This aggressive approach can be interpreted as an effort to weather the recent crypto winter, although it hasn’t been very successful.Conversely, the exchange that delisted the most cryptocurrencies this year was Coinone, with 38 taken down as of Monday, marking a significant increase compared to last year when it delisted 26. This can be accredited to the platform’s efforts to improve its reputation and operating system following an incident earlier this year where two former employees were booked for taking bribes in exchange for listing certain cryptocurrencies. Coinone CEO Cha Myung-hun subsequently issued an apology and pledged to take proper measures to prevent such an event from recurring. Since then, the exchange has been actively looking into carrying out delistings tied to issues like the amount of currency in circulation or market price manipulation.Bithumb and Upbit came in second and third for most delistings this year, with 22 and 18, respectively.However, Korbit showed the least fluctuation in the number of listings and delistings this year — nine and three, respectively — among the five exchanges. This is a sharp contrast owing to its conservative listing policy. Speculation suggests that the platform might adopt a more aggressive stance if market conditions improve in the second half of the year.On the other hand, Gopax listed 10 tokens and delisted eight tokens. The exchange has notoriously been dealing with operational difficulties due to regulatory roadblocks despite optimistic outlooks after its acquisition by Binance, one of the world’s most prominent exchanges. Along with the recent appointment of Cho Young-joong as the new CEO of CityLabs, the company that acquired an 8.55% stake in Gopax, the exchange has been working on resolving regulatory issues and improving the state of operations.

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Web3 & Enterprise·

Nov 30, 2023

BU Technology to provide digital asset issuance platform to Ret Games

BU Technology to provide digital asset issuance platform to Ret GamesSouth Korean blockchain firm BU Technology has partnered with digital asset management service provider Byffin to supply a digital asset issuance platform built on its distributed ledger core optimization solution, All-in-one DLT Core (ADC), to Seoul-based Web3 gaming studio Ret Games, according to local news platform Financial Review on Thursday.Photo by GuerrillaBuzz on UnsplashElevating gaming dynamicsAccording to the article, the digital asset issuance platform will be on-boarded to Ret Games’ Play-to-Earn (P2E) gaming platform Pomerium, which houses flagship games like Pome Run and Pome Rumble.“This contract can be seen as proof that ADC is the most competitive blockchain solution in the gaming field,” BU Technology said. “The number of companies submitting inquiries about adopting ADC has increased drastically compared to the previous quarter, especially considering the advantages of ADC like blockchain data processing speeds of over 10,000 transactions per second (TPS).”With ADC and the digital asset issuance platform, Ret Games will be equipped with a high-speed blockchain system that can be utilized in games. The gaming company will also be able to receive a portion of the fees that are paid when issuing digital assets such as game items, thereby yielding increased sales and profits.Safeguarding gaming integrityNotably, Ret Games has generated some KRW 18 billion (approximately $14 million) in revenue through the game data verification system developed by Pomerium called “Guardians”, which validates forged and irregular data in the Pomerium ecosystem and distributes token rewards in return.“Ret Games will be able to detect and verify abnormal transactions of off-chain and on-chain game data for users with the Guardians system installed on their PC,” BU Technology explained. “Web3-based business can also be facilitated since users who participate in the validation of game data are rewarded with PMG tokens.” PMG is the governance token for Pomerium.

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