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SEC Approves Bitcoin ETF, Opening Crypto to Wider Investor Base

After years of trial and error by would-be fund sponsors, cryptocurrency investing is finally opening up to the masses with the first-ever U.S. approval of a bitcoin exchange-traded fund.

The Securities and Exchange Commission (SEC) greenlighted bitcoin futures ETFs in a first for the industry on Friday, after the regulator’s five commissioners met on the issue. ProShares, which filed for its Bitcoin Strategy ETF this past summer, may be the first to launch next week.

The company filed a post-effective amended prospectus on Oct. 15, stating its filing is expected to launch on Monday, Oct. 18.

Proponents of a bitcoin ETF believe the product will be more widely accessible for individuals interested in bitcoin than the actual cryptocurrency is, by giving investors a regulated alternative to the underlying digital asset. The first product will track bitcoin futures, rather than the price of bitcoin directly, however. SEC Chair Gary Gensler indicated he believes futures-based products might provide stronger investor protections due to the laws they operate under.

ETFStore President Nate Geraci told CoinDesk that the form is “a step forward” for digital assets and bridging them with the more traditional financial sector. He confirmed that the filing of a post-effective amendment is confirmation of the SEC’s tacit approval.

“It’s an encouraging sign for the future of crypto to see SEC Chairman Gensler get comfortable in helping mainstream investors more easily access bitcoin exposure,” he said in an email. “The availability of a bitcoin ETF will now bring more investors under the crypto tent and facilitate greater education across the space.”

James Seyffart, an analyst at Bloomberg Intelligence, also confirmed to CoinDesk that the filing is a sign that the fund is launching.

He also anticipates the futures-based ETF launch to act as a bridge to ultimately launching a spot market-based ETF.

Seyffart noted that ProShares’ amended filing removed language about the fund possibly investing in Canadian bitcoin ETFs as a sort of hedge.

“It seems the SEC really did not like that language for whatever reason,” he said. “But they are following standard guidelines and allowing first to file to launch first. So we will be tracking closely how much of a first mover advantage there is here.”

A spokesperson for ProShares referred CoinDesk to the post-effective prospectus.

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Author: Nikhilesh De, Danny Nelson

Market Wrap: Bitcoin Reaches $61K as SEC’s ETF Deadline Nears

Bitcoin rose to $61,000 Friday as traders eagerly anticipate approval of a bitcoin exchange-traded fund (ETF) in the U.S. Enthusiasm for such an approval contributed to a near 6% jump in BTC’s price over the past 24 hours.

The U.S. Securities and Exchange Commission (SEC) is reviewing around 40 bitcoin ETF product filings and has multiple decision deadlines to make a decision on futures-linked ETFs starting next week. According to Bloomberg, the regulator is expected to approve at least some of them, clearing the way for an anticipated hike in trading to begin.

An exchange-traded fund is a type of security that tracks an index, sector or other asset and can be purchased or sold on a stock exchange like a regular stock. However, what the SEC is likely to approve is a bitcoin futures ETF based on futures traded on the CME exchange. The investor would not hold bitcoin directly, but there are still risks.

“Markets remain healthy, and we expect the rotation to continue as the speculation over a bitcoin ETF intensifies,” crypto investment firm StackFunds wrote in a Wednesday report.

Latest prices

  • Bitcoin (BTC): $61,324, +6.2%
  • Ether (ETH): $3,840, +1.5%
  • S&P 500: +0.8%
  • Gold: $1,768, -1.6%
  • 10-year Treasury yield closed at 1.57%

For now, technical analysis suggests bitcoin is at a critical point.

“Traders previously suggested that for bitcoin to enter an extremely bullish phase and go parabolic it would need to break the $59K-$60K level,” Will Morris, trader at the U.K.-based digital asset broker GlobalBlock, wrote in an email to CoinDesk.

Katie Stockton, managing partner at Fairlead Strategies, a technical research firm, wrote that immediate signs of upside price exhaustion still appear on the charts. However, an open above $58,859 on Saturday could invalidate the short-term exhaustion signal, identified using DeMARK indicators.

“If it is stopped out, we would expect a speedy follow-through to final resistance near $65K, and if the signal is left intact the implications would be for another week of consolidation,” Stockton wrote in an email to CoinDesk.

Bitcoin ETF probabilities

The SEC does not need to take formal action to approve the filings. Under federal law, applications can become effective if the SEC allows a mandated deadline to pass by without requesting changes or directing the aspiring issuer to pull the filing, wrote CoinDesk’s Danny Nelson.

The table below shows the odds of select ETF filings receiving SEC approval first, according to Bloomberg Intelligence.

“If a futures-based ETF gets the green light, the door will finally open to retirement funds with assets in the trillions [of dollars], creating very favorable conditions for spot BTC to continue rallying,” Coinbase wrote in a newsletter to institutional clients on Friday.

“The next factor to consider is the time to launch and expected take-up from these ETFs. Sources close to the ETF business say that the time from approval to launch could be less than seven days,” Coinbase wrote, which means ETF buying by investors could occur in late October.

Generally, analysts anticipate more ETF products to be approved in the near future.

“Many in the investment products industry will now focus their attention on the ultimate ETF goal of bringing a spot-based product to market, a more cost-effective solution for consumers,” FundStrat, a global advisory firm, wrote in a Friday report.

Bitcoin and stocks rise

The recent rise in bitcoin’s price also coincided with stabilization in equity markets. After a few days of decoupling from BTC’s rally, the S&P 500 has finally gained a footing, suggesting that investors’ appetite for risk remains strong.

The chart below shows the 90-day correlation between bitcoin and the S&P 500, which has risen over the past few months.

Altcoin roundup

  • CFTC fines Tether and Bitfinex $42.5 million for “untrue or misleading” claims: The Commodity Futures Trading Commission (CFTC) fined sister companies Bitfinex and Tether more than $42 million on allegations the USDT stablecoin was not fully backed at all times and that Bitfinex violated a previous agency order, reported CoinDesk’s Nikhilesh De. According to a CFTC press release, Tether’s stablecoin was fully backed by reserves for only one-quarter of the time over a 26-month period between 2016 and 2018. Further, Tether commingled reserve funds with the company’s corporate funds and held reserves in non-cash products, the regulator said.
  • DeFi game PoolTogether launches v4: Popular DeFi no-loss savings game PoolTogether has overhauled its architecture with the launch of its version 4, upgrading its win percentages for users, reported CoinDesk’s Andrew Thurman. PoolTogether’s new architecture allows for greater fractionalization of winnings – upwards of a thousand prizes from an earnings pool – giving smaller depositors a much higher chance of nabbing prizes. “Someone who had $1,000 right now into the USDC prize pool would have a 0.01% chance of winning a prize every week. That’s a less than 1% chance of winning a prize a year,” PoolTogether co-founder Leighton Cusack said. “With the new PoolTogether, someone with $1,000 deposited will have a 10% chance of winning a prize each week.”
  • NuCypher, Polygon gain as tokens list on South Korean exchange: The Bank of Japan (BoJ) would try to develop a central bank digital currency (CBDC) that can easily coexist with private payment methods, reported CoinDesk’s Jamie Crawley. Seeking “vertical coexistence,” with other payment methods used by the public, a CBDC should be made of “relatively plain, easy-to-cook material,” BoJ Executive Director Shinichi Uchida said on Friday. Uchida added in his speech that the BoJ has “no plans to issue a CBDC at this time,” but that not issuing one would still leave the central bank with the task of building a payment system fit for the future.

Relevant news

Other markets

Most digital assets in the CoinDesk 20 ended the day higher.

Notable winners as of 21:00 UTC (4:00 p.m. ET):

  • Polygon (MATIC), +18.3%
  • Polkadot (DOT), +9.4%

Notable losers:

  • Filecoin (FIL), -3.3%
  • Algorand (ALGO) -1.7%

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Author: Damanick Dantes, Tracy Wang

Video game platform Steam bans NFTs, crypto and blockchain-based games

The video game distribution platform Steam has updated its guidelines to ban the use of non-fungible tokens (NFTs), cryptocurrencies or other blockchain-based technologies from its platform. 

The new rule was tacked onto a list of “What you shouldn’t publish on Steam,” which also bans hate speech, libelous or defamatory statements and non-interactive 360 virtual reality videos. 

“Steam’s point of view is that items have value and they don’t allow items that can have real-world value on their platform,” wrote a user named Space Pirate on Twitter, who was among the first to notice Steam’s change in guidelines on Thursday. 

Space Pirate is part of the team behind a game called Age of Rust, which includes blockchain technology and NFTs in its gameplay. They said on Twitter that the game had been removed.

“While I respect [Steam’s] choice, I fundamentally believe that NFTs and blockchain games are the future. It’s why I started this journey with all of you,” they said.

The use of NFTs and blockchains in gaming has gained significantly in popularity this year. Sky Mavis, the startup behind Axie Infinity, one of the most popular NFT games, recently raised $152 million in a fundraising round that valued the company at $3 billion

Valve, the company behind Steam, did not respond to The Block’s request for comment. 

© 2021 The Block Crypto, Inc. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

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Author: MK Manoylov

Crypto Finally Makes the Cut in OCC’s 2022 Bank Supervision Operating Plan

The Office of the Comptroller of the Currency (OCC) released its 2022 Bank Supervision Operating Plan on Friday and for the first time, crypto made the cut.

In its report, the federal banking regulator listed its 11 supervisory priorities for the fiscal year that ends next September, including cybersecurity, climate change and “fintech partnerships for potential cryptocurrency-related activities and other services.”

Though this is the first time the OCC has directly mentioned crypto as a priority, the regulator has been studying crypto for at least three years. Last July, the OCC published an interpretive letter that allowed nationally chartered banks to offer crypto custody services.

Many in the crypto community attributed the OCC’s crypto push to former Comptroller Brian Brooks, who left the OCC in January to briefly serve as CEO of Binance.US.

Michael Hsu, who replaced Brooks as Comptroller in May, signaled greater caution on crypto, telling the House Financial Services Committee that he planned to keep an open mind on crypto but would be reviewing actions taken under Brooks’ leadership to ensure banks remained safe for consumers.

According to the OCC’s latest plan, the regulator will “identify banks that are implementing significant changes in their operations using new technological innovations…[and] evaluate the appropriateness of the governance processes when banks undertake significant changes.”

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Author: Cheyenne Ligon

Bitcoin Is Actually, Finally About to Have an ETF

This episode is sponsored by NYDIG.

Download this episode

On today’s episode, NLW looks at the buzz and excitement around a bitcoin futures ETF. The historical moment could be an inflection point for new audiences to get into the asset class. At the same time, there are some who suggest that a bitcoin futures ETF won’t be all it’s cracked up to be.

See also: Bitcoin Climbs Above $60K After Report That SEC Won’t Block Futures ETF

“The Breakdown” is written, produced by and features NLW, with editing by Rob Mitchell and additional production support by Eleanor Pahl. Adam B. Levine is our executive producer and our theme music is “Countdown” by Neon Beach. The music you heard today behind our sponsor is “Only in Time” by Abloom. Image credit: Malte Mueller/Getty Images, modified by CoinDesk.

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Author: Nathaniel Whittemore

Coinbase Wants Coders to Help With Its Crypto Regulation Proposal

Fresh on the heels of Coinbase asking the U.S. government to create a new regulator to oversee the cryptocurrency industry, the exchange is seeking public input via GitHub.

A repository published Thursday by the crypto giant is seeking suggestions from techno-savvy observers.

“This framework represents our good-faith suggestions on a U.S. regulatory framework for digital assets,” Coinbase wrote. “We encourage your contributions to this discussion about the role of digital assets in our shared economic future.”

A Coinbase spokesman confirmed it’s the first time the company has used GitHub to solicit feedback on policy matters. (The company’s engineering team has long used it for open-source code.)

Read more: Coinbase Proposes US Create New Regulator to Oversee Crypto

As of press time, one user has proposed two pull requests; two users have chimed in with quick words of encouragement.

The proposal from the publicly traded crypto exchange comes as regulatory discussions in Washington, D.C., swirl – made all the more juicy by the looming prospect of the first approval of a bitcoin futures exchange-traded fund (ETF) by U.S. regulators.

Venture capital giant (and early Coinbase backer) Andreessen Horowitz is also assembling a crypto policy proposal for U.S. lawmakers.

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Author: Zack Seward

And Just Like That, the US Has Become a Bitcoin Superpower

This week’s edition of “Money Reimagined” explores the ramifications of a startling shift in the rankings of the world’s top locations for bitcoin mining. The U.S. has leapt into first place and China, the world leader just a few months ago, now has essentially zero mining capacity following a regulatory crackdown there in June. Co-hosts Michael Casey and Sheila Warren talk to Justin Podhola, the CEO of Elite Mining, and George Kaloudis, who leads CoinDesk’s Bitcoin-focused research.

This episode is sponsored by Quantstamp.

The show keys off a report from the Cambridge Centre for Alternative Finance (CCAF) that found that as of the end of August, the U.S accounted for more than 35% of the global Bitcoin hashrate – a measure of the total worldwide computational power used to mine bitcoin – more than double its 16.8% stake at the end of April. Over the same period, the report says, China dropped from 46% of total hashrate to zero.

Another point of interest is the rise of alternative centers – in particular, Kazakhstan, which is now in second place with 18.1% of total hashrate, followed by Russia with 11%.

How can an industry with all that equipment and complicated energy needs move so quickly to a new location? What are the geopolitical implications of China’s bitcoin mining leadership – once as high as 75% of total hashrate – now being ceded to the U.S., Kazakhstan and Russia? What does this mean for regulation, especially in the U.S., where the chairman of the Securities and Exchange Commission, Gary Gensler, has been talking a hard line against crypto? Would the presence of a dominant, profitable and strategically important bitcoin industry sway policymakers toward being more or less crypto-friendly?

And, most important, to address a topic that we’ve dived into a number of times on “Money Reimagined”: Does this create an opportunity for the U.S. to lead the push for renewable energy-based mining, not only to make Bitcoin greener but to collaborate with energy developers to fund the expansion of a green grid more generally?

All that and more are discussed in this wide-ranging discussion.

This episode was produced and edited by Michele Musso with announcements by Adam B. Levine and additional production support by Eleanor Pahl. Our theme song is Shepard.

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Author: Michael J. Casey, Sheila Warren

Jacobi Asset Management claims it will launch the world’s first ‘tier one’ bitcoin ETF

Jacobi Asset Management announced Friday that it has received approval to launch what it calls the world’s first “tier 1” bitcoin exchange-traded fund (ETF). The firm says the term reflects the top-tier partners supporting it.

The new bitcoin ETF has authorization from the Guernsey Financial Services Commission (GFSC), Jacobi said in a press release. Jacobi said it plans to list the fund on the pan-European equity exchange Cboe Europe, pending listing approval from the UK’s Financial Conduct Authority (FCA).  

Fidelity Digital Assets will provide custody for the ETF, which Jacobi describes as a “centrally cleared crypto-backed financial instrument.” 

“Tier one is a term used by Jacobi to describe the ecosystem of Tier 1 partners,” a Jacobi spokesperson told The Block in an email. “We are in the process of listing on a Tier 1 exchange and all the firms supporting the fund are top tier.”

Jacobi told The Block that the ETF is “fully regulated” and that its team has been working on securing regulatory approval for more than nine months. The firm says that it will be the “first European ETF wholly invested in Bitcoin,” joining only two others worldwide in Canada and Brazil

While Europe has several issuers of Exchange-Traded Products (ETPs) such as CoinShares, Jacobi says its bitcoin ETF’s regulated status will set it apart from other products in the market.

In the FAQ section of its website, Jacobi explains that ETFs differ from ETPs like Exchange-Traded Notes (ETNs) and Exchange-Traded Commodities (ETCs) in several areas, including their structure, settlement, regulation and liquidity. 

“None of the ETPs in Europe are regulated because they’re all ETNs,” the Jacobi spokesperson told The Block. “The Jacobi Bitcoin ETF will be the only regulated crypto product and is approved as an ETF.”

The Jacobi bitcoin ETF has a $100,000 minimum and is only open to institutional, professional and sophisticated investors, its FAQ states. 

Jacobi Asset Management, which launched in May, is led by former Goldman Sachs investment banker Jamie Khurshid.

© 2021 The Block Crypto, Inc. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

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Author: Kristin Majcher

VCs ‘pre-farming’ DeFI projects raises questions about ethics in crypto investing and airdrops

Quick Take

  • Last week a pseudonymous crypto user published evidence suggesting that a VC firm may have been trading based on insider knowledge of a DeFi protocol it backs.
  • The episode highlights the chaotic world of crypto VC investing and raises fresh questions about the mechanics of airdrops.

This feature story is available to
subscribers of The Block Daily.
You can continue reading
this Daily feature on The Block.

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Author: Frank Chaparro

NFTs Are an Internet Game-Changer

When they look at non-fungible tokens, non-crypto “normies” in the mainstream tend to focus on the mind-blowing prices that have been paid for digital art and the fanaticism around avatar communities such as the $542 million in sales of Bored Ape Yacht Club NFTs. They wonder what all the fuss is about.

If they were to pick up on the many other applications that are now being explored – from renting out your digital gaming assets to selling your DNA – they might recognize that something more profound is afoot. Even though, for now, speculation appears to be the biggest use case for NFTs, they offer something far bigger: the foundation for a new digital economy.

You’re reading Money Reimagined, a weekly look at the technological, economic and social events and trends that are redefining our relationship with money and transforming the global financial system. Subscribe to get the full newsletter here.

To dig into why, it’s worth looking at why people misunderstand the appeal of NFTs, which I think stems from an insufficient understanding of how the digital economy works and doesn’t work.

Rights

Consider a common dismissive response to the NFT buying frenzy. People ask, “Why on Earth would someone pay millions of dollars for a JPEG that I can simply ‘right-click/save’ to my hard drive?”

The problem with that statement is it confuses possession of a digital file with rights to the artwork or information contained within it. It’s the latter that NFTs offer, creating provably scarce digital markers of value and providing a vital building block for a better system of rights enforcement.

This is a big prospect, because in the pre-Bitcoin internet creators largely forfeited their capacity to directly assign rights to their work to customers who paid for it. That stems largely from legal determinations around copyright that were made in the early days of internet commerce. At that time, there were no decentralized systems for tracking transactions and preventing double-counting. The century-old first sale doctrine, which laid down the rights of both creators and consumers of copyrighted content, did not apply to digital media because the content could be easily replicated in an internet environment.

In the physical realm, that doctrine held that while a person couldn’t, say, replicate a copyrighted text and publish new copies of it without copyright owners granting them a license to do so, they could resell a book in which that text appears, transferring total control and ownership to a new owner. Thus, the doctrine distinguishes between the copyright attached to a digital work and the vessel, such as book or record, in which works drawn from that copyright reside.

On the internet, anonymity, coupled with the low cost of digital replication, meant it was trivial to copy a work and easy to avoid enforcement. As such, early digital media came to be controlled through licenses. You never actually owned an MP3 or a Kindle book, you were simply given perpetual rights to single, non-commercial use. For the longest time, you couldn’t transfer those rights to anyone else.

Then, as social media took off, as everyone became a creator of “user-generated content,” Facebook, Twitter and other platforms used that principle to their advantage. Their terms and service essentially required users to sign away their copyright, allowing their content to be shared, retweeted and repurposed within the platform without restriction.

This generated a massive network effect for the most successful platforms because they became the primary source of information for the general public. In turn, it meant that commercial creators, including everyone from large news organizations to professional photographers and artists, felt compelled to publish their content on the platforms under the same open-sharing terms.

In doing so, they lost a direct relationship with their audience. Control over market data for creative content was now in the hands of Facebook, Google, Twitter and Amazon, not the creators. With that data as a carrot, the platforms drew advertisers away from the publishers. It’s a key reason why so many newspapers and other legacy publications died.

Enter NFTs

NFTs have the potential to help bring creator rights back to where they were before the arrival of the internet. They are, however, only part of the solution.

They don’t in and of themselves stop you from “right-click/saving” a JPEG. Piracy is still easy.

Also – and this is one with which the mainstream observers naturally struggle – an NFT is not the digital media file itself. It is the non-replicable digital signature authenticating a unique, one-off association with a digital file. When you sell an NFT what you sell is, well, the NFT. As to what you or the buyer can do with the art, that depends on what media rights the copyright owner grants along with the NFT.

This might sound like we’re back where we started. But, no. By establishing provably unique, scarce digital markers for the first time, NFTs are a game-changer. They will ultimately allow the creator – and all owners of property that can be expressed in digital form – to reassert their property rights, recovering a power that was lost, or at least severely deprecated, in the Internet 2.0 era. It’s a means to restore a direct relationship with their audience.

As of now, creators will still face the challenge of finding a market, which in theory could leave them dependent on the old internet platforms or the new NFT marketplace platforms to connect with networks of users as potential buyers.

But that challenge is already being addressed in a decentralized manner by the formation of NFT communities and decentralized autonomous organizations that function as creative collectives. As a person with the Twitter handle “6529″ noted in a popular thread last week, the greatest power of NFTs is that they “can be used to build decentralized social organizations.”

The boom to come

Property rights are the foundation of capitalism. Once established, all sorts of business models can be built on top of them. China’s spectacular transformation from destitute Communist backwater to global powerhouse can be traced directly to the moment when it decided to recognize its citizens’ property rights.

In this case, it means individual creators and anyone who owns any digital asset – including a digital record of their genome – can now tap the value-creating power of software, exploit the global reach of the internet, and mine the data that it produces.

This is what the platforms have been doing for decades to create their monopolies. It will now come available to individuals.

This is why NFTs are so revolutionary.

Read More: 15 NFT Use Cases That Could Go Mainstream

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Author: Michael J. Casey


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