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Babel Finance hits $2 billion valuation in new funding round

Babel Finance, a Hong Kong-based crypto startup that provides lending and trading services to institutional investors, has raised $80 million in a Series B funding round that values the company at $2 billion.

Investors in the round included Hong Kong-based tech investor Jeneration Capital, Dan Tapiero’s 10T Holdings, Dragonfly Capital, BAI Capital, Circle Ventures and several unnamed family offices in the Asia Pacific region, the company announced on Wednesday. There was no lead investor in the round, a Babel Finance spokesperson told The Block.

With fresh capital in hand, Babel Finance plans to expand globally, especially in the UK, Latin America and North America, Yulong Liu, partner at Babel Finance, told The Block in an interview. To that end, the firm is also looking to scale its current team of 170 people to around 200, said Liu.

“We will take a rather cautious approach to hire more people” given the current somber mood in crypto markets, said Liu, after the firm expanded its team aggressively in the last year from 50 people.

Serving institutions 

Founded in 2018, Babel Finance provides services to both crypto-native and traditional financial institutions. It specializes in crypto lending and derivatives trading services, including futures and options.

The firm claims to have about 500 clients. At the end of 2021, Babel says it had an outstanding loan balance of more than $3 billion and an average monthly trading volume of $800 million in derivatives.

Liu said Babel’s clients split about 50/50 across crypto and traditional finance — but more volume comes from the crypto-native firms. Clients are located globally, including in Asia, Australia, Africa and Latin America, but Asia accounts for more than 50% of the firm’s business, he added.

Babel says it limits its business to bitcoin, ether and select stablecoins. Liu said those stablecoins include USD Coin, tether and Paxos’s pax dollar. He said the firm didn’t offer its clients any exposure to TerraUSD, Terra’s algorithmic stablecoin that collapsed earlier this month. 

The Series B round brings Babel’s total funding to date to over $120 million. In May Last year, the firm raised $40 million in Series A funding. While Babel declined to disclose its valuation following the Series A, Dealroom estimates it was worth up to $240 million.

Liu declined to comment on the firm’s valuation then and any new board seats allocated with the latest round. 

© 2022 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: Yogita Khatri

a16z announces $4.5 billion fund for crypto and blockchain startups

Andreessen Horowitz (a16z) will launch a $4.5 billion fund for crypto and blockchain startups, it announced on Wednesday.

The company is betting on finding new opportunities, despite the market downtown.

It said that $1.5 billion out of the fund will be dedicated to seed investments, while $3 billion will go to venture investments.

This fund, dubbed ‘Crypto Fund 4,’ has been in the works for some time; the Financial Times reported as far back as January that the company was planning a new fund.

General partner Arianna Simpson told CNBC in an interview that “bear markets are often when the best opportunities come about, when people are actually able to focus on building technology rather than getting distracted by short-term price activity.”

The Silicon Valley-based venture capitalist company already has three funds geared towards the industry, the first of which launched four years ago. 

Previously known for investments in the likes of Instagram and Slack, the company first entered the crypto space with an investment in Coinbase in 2013. It has since poured money into a range of crypto ventures including Avalanche, OpenSea, Solana and Yuga Labs.

The new announcement brings its total dedicated to crypto and blockchain to over $7.6 billion. Last week a16z also invested in ousted WeWork CEO Adam Neumann’s Flowcarbon, which is aiming to tackle environmental issues through blockchain-based carbon trading tools.

© 2022 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: Callan Quinn

Do Kwon’s plan to rebirth the Terra blockchain gets approved

The governance vote on Do Kwon’s proposal to relaunch the Terra blockchain and create LUNA 2.0 tokens has passed. This will result in the creation of a new blockchain that will airdrop tokens proportionally to those affected, following the sudden collapse of the TerraUSD (UST) algorithmic stablecoin.

In total, 65.5% of the total votes supported Kwon’s proposal. Only 13.2% who were opposed to the fork voted “no with veto.” Just over 20% of votes decided to abstain.

Following Terra’s collapse, Terraform Labs CEO Do Kwon suggested the launch of a new network (initially describing it as a fork before that was corrected by Terraform Labs). The new blockchain will be called Terra whereas the current version of the chain will be renamed as Terra Classic.

Based on the details provided in the proposal, Terra 2.0 is scheduled to hit mainnet on Friday. After this launch, LUNA 2.0 tokens will be available for trading. These tokens will be airdropped to existing stakeholders of the network at a pre-decided percentage. Many of the tokens will be subject to vesting periods.

Moreover, the new Terra blockchain will exist without the UST token, which was originally its main purpose.

For more breaking stories like this, make sure to follow The Block on Twitter.

© 2022 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: Vishal Chawla

Solarisbank says it’s helping Binance to become regulated in Germany

Banking-as-a-service fintech Solarisbank says it’s helping Binance achieve regulated status in Germany as the crypto exchange woos regulators globally.

In an interview with The Block, CEO Roland Folz said Solarisbank’s relationship with Binance began a year and a half ago and it currently provides the exchange with know-your-customer (KYC) services in Germany and a card offering in Europe. 

Speaking at the Finance FWD conference in Hamburg last week, Folz also confirmed that Solarisbank is working with Binance so it can become fully regulated by BaFin, the German financial regulator.

Like many crypto exchanges, Binance is on a push to win over regulators across Europe and recently achieved regulated status in France after committing €100 million to the country’s startup ecosystem. Banking-as-a-service fintech firms like Solarisbank can simplify this process by offering exchanges a fully regulated plethora of fintech features such as payments, stock investment and cryptocurrency custody. 

Folz believes that Solarisbank’s status as a fully regulated financial institution can help build the bridge between digital assets and regulators — and he sees no reason why Binance won’t become regulated in Germany. 

“They’ve just gotten their first license in France,” he said. “So I think the logical next step would be a Germany and I’m sure that’s what’s going to happen.”

© 2022 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: Tom Matsuda

Lido Finance refuses to support Terra’s new blockchain

Lido Finance has decided not to support the new Terra blockchain when it launches, after the sudden collapse of Terra’s current chain earlier this month.

The decentralized finance (DeFi) project’s decentralized autonomous organization (DAO) voted strongly against providing support for the new chain as of 6:20 a.m. ET on Wednesday, with 95% of the vote rejecting the idea. In total, 54 million LDO — Lido’s governance token – voted against, with only 3.1 million LDO for.

Lido Finance is a liquid staking protocol that unlocks the value of staked tokens, providing stakers with more liquidity. It’s currently the dominant liquid staking protocol on Ethereum. According to the proposal, Terra was its second-biggest platform after Ethereum, and it looked after $10 billion of value prior to its collapse.

Terra was a blockchain project focused on the creation of an algorithmic stablecoin known as TerraUSD (UST). This was supported by a second token, luna, and the relationship between the two was designed to keep the stablecoin pegged to the US dollar. Yet when there was large selling pressure, the connection between the two was unable to keep UST to its peg. This led to a death spiral for Luna in early May, as its token supply increased exponentially, while its price cratered toward zero. 

Following that collapse, a vote to decide the Terra blockchain’s future is due to end in less than an hour. The main proposal is to relaunch the chain, airdropping tokens to different users that were affected by the previous network’s collapse. Many of the tokens are subject to vesting periods.

Crucially, the airdrop hands out tokens to projects that are committed to building on the new chain. This includes an emergency allocation to the biggest projects. If Lido Finance had decided to support the new Terra chain, it’s likely it would have been eligible to receive these funds. The proposal estimated that Lido Finance would see $19,250 in monthly revenue as a result of supporting the new chain.

Yet these incentives were not enough to convince token holders that Lido Finance should support the new network. Comments on the proposal say that it might be risky to support the new network when it’s first created — since it’s unclear whether it will gain traction in the same way the previous blockchain did.

“We can always join the reboot at a later time if the chain proves to be useful and well-run and has grassroots support. At this time there are too many questions around the reboot and committing poses potentially high downsides with little upside,” said one commentator.

© 2022 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: Tim Copeland

Hedge fund manager Alan Howard explains why he’s investing across the entire crypto ecosystem

British billionaire Alan Howard turned heads when he began investing in crypto startups in late 2020. But although it quickly became clear that the 58-year-old hedge fund heavyweight was dedicating a significant amount of time to the sector, few could have guessed quite how deep down the crypto rabbit hole he had gone.

In an exclusive interview with The Block, Howard — who generally keeps a low profile in the press — has for the first time laid out the full extent of his burgeoning crypto empire. 

It is an operation that encapsulates an array of crypto infrastructure and investment management plays, spanning public and private market investing; equity and tokens; centralized and decentralized ecosystems; and even, albeit in a personal capacity, non-fungible tokens (NFTs) and generative art. 

You have to be in, and have exposure to, the crypto world to understand what is going on there, to identify the challenges and opportunities you’ll face and to know what infrastructure you will have to build to meet those challenges and opportunities head on,” said Howard, who responded to The Block’s questions in writing. 

In short, this is an important macro trend and a new asset class that can, and likely will, impact the evolution of technology and the economy at large for many years to come,” he said. As I balance my broad thesis with the reality that digital assets are a nascent asset class, I argue that it’s most prudent to invest across the entire crypto ecosystem in a highly diversified manner.

Howard went so far as to quote Theodore Roosevelt’s famous words on the importance of being “in the arena.” Today, there are few arenas in crypto that Howard has not stepped into.

BH Digital  

Howard rose to prominence as co-founder and CEO of the hedge fund Brevan Howard, which by 2013 managed some $40 billion in assets as one of the world’s largest macro funds. He stepped down as CEO in 2019. 

While he is no longer trading, Howard told The Block that he remains “heavily involved” in various initiatives at Brevan Howard, including those relating to co-investing, strategy allocations and crypto — through an entity named BH Digital. I couldn’t be more confident in BH’s leadership under CEO Aron Landy, and the 100+ portfolio management teams currently on the BH platform,” he added. 

Set up earlier this year, BH Digital is the centerpiece in Howard’s crypto operation. Acting as Brevan Howard’s dedicated crypto arm, it helps investors such as sovereign wealth funds, pension funds, foundations and endowments gain exposure to crypto. 

The organization currently manages more than $1 billion in assets and employs over 60 people. Of those, nearly 20 are portfolio managers, each with a different specialty — such as liquid tokens or seed-stage investing. 

BH Digital reflects my belief in the importance of investing across the entire ecosystem, regardless of instrument (i.e. token, equity, NFT etc.) in a diversified and well risk-managed way, said Howard. This ensures that your return stream is never dependent on just one strategy, one theme or one risk-taker.

What that means in practice is that BH Digital invests in the equity of both private and public crypto firms, as well as in the tokens they may issue. Though the focus is broad, Howard identified stablecoins and payments; gaming and metaverse; DeFi and derivatives; smart contract security; aggregation of wallets; marketplaces; and cross-chain tools as target subsectors. 

In the near future, he added, BH Digital will roll out market-making capabilities to help support new tokens by providing early liquidity — “bootstrapping liquidity,” in crypto-speak. 

“We believe our 20-year history and legacy as an active participant in derivatives trading gives us an overwhelming advantage in DeFi investing,” said Howard. 

Operating simultaneously across equity and token markets can be challenging for investors who have historically focused solely on either the former, a largely illiquid asset class, or the latter, which can usually be traded readily once initial “lockups” have expired. It is a shift that venture capitalists around the world are still adjusting to — some faster than others. 

But Howard said the blend creates “a powerful feedback loop, allowing us to provide insights on market trends and opportunities for new market entrants.”

“In the crypto markets, in contrast to trad-fi, I think venture investing and liquid trading should be treated as part of one universe and not two separate arenas, particularly because token projects ‘go public’ much earlier in their lifecycle,” he added. 

One reason some investors have been slow to come around to token investing — though by no means the only reason — is that managing token holdings is not as straightforward as sitting on unlisted equity. Besides the fact that pricing is constantly in flux, tokens also often grant holders influence over the direction of crypto projects through community voting, and can be deployed within those communities to earn yield. 

According to Howard, BH Digital is taking community participation seriously. The organization has over 20 blockchain engineers retained full-time — through a strategic partnership with Nethermind, a blockchain research and software engineering company — and can lend them out to portfolio companies in need of a hand. It can also offer assistance with other functions like compliance; capital raising; custody; and media relations and hiring. Howard said BH Digital will also stake tokens and run nodes to help kickstart decentralized networks, while playing an active role in governance and voting.

Finally, BH Digital can give portfolio companies access to other entities within Howard’s crypto armada, which he said can help “resolve major infrastructure pain points.” 

Beyond BH Digital 

The first of those is a research-based incubator named WebN Group, which has not previously been reported on. 

The group offers early-stage crypto entrepreneurs help with technology, operations, community development and legal advice — all with the goal of scaling up their ideas. It is especially focused on grassroots, community-driven crypto projects. 

WebN has, for example, incubated Geometry — a cryptography research house formed by former startup founders and cryptographers that caters to the needs of mathematicians and engineers building web3 infrastructure. The group has also backed an unnamed team of traditional financiers who are trying to push the envelope with structured products in DeFi, and indeed one of WebN’s aims is to “bridge the gap between traditional and digital finance,” Howard said. 

“WebN also invests in the next generation of talent, working with universities and student organizations to provide grants, sponsorships and internships to students interested in digital assets,” he added. 

Then there is Elwood Technology. Howard first established the company in 2018. Its early work focused on asset management — in particular on building indices offering investors exposure to blockchain and crypto. The Block revealed in June last year, however, that the business had pivoted to focus on software. 

Elwood now styles itself as a crypto-focused market access and trading platform for institutions. The firm raised $70 million in a Series A round co-led by Goldman Sachs and Dawn Capital earlier this month. 

“Elwood was created to fulfil a glaring need in the market for institutional-grade infrastructure designed to satisfy this investor class’ needs. When I began experimenting with crypto trading in 2017, I saw massive potential for the growth of this asset class,” said Howard. 

“Cryptocurrency infrastructure was (and still is) heavily designed around the needs of retail traders. It was inefficient, cumbersome, illiquid, and incapable of handling the high-volume transactions that institutional investors require,” he added. “I wanted a lower barrier for institutions to make it easier for them to enter the digital assets space.”  

Elwood currently boasts over 30 clients including fintech firms and neobanks, as well as tier one banks, asset managers, hedge funds and crypto exchanges. It employs more than 100 people across offices in London, New York, Singapore, Jersey and Geneva. 

The last cog in Howard’s crypto machine is Coremont Digital. Coremont is a middle- and back-office service provider that began life as a Brevan Howard spinout in 2018. Coremont Digital is Coremont’s crypto-focused division, which launched in 2021, and which works with asset managers in the space. Its services include portfolio management technology and trading analytics; risk analysis and reporting; full trade lifecycle support and trading processing; fund accounting; and treasury and compliance.

Generative art

Howard is an avid art collector, with a collection that includes a $43 million masterpiece by Monet. And just as he has gone all in on crypto after years trading traditional markets, so too has he dived headfirst into generative art — a genre that exploded last year, buoyed by the NFT boom. Art Blocks is perhaps the best-known purveyor of generative art, in which works are created by autonomous systems, usually in the form of code. 

The Block can reveal that Howard began assembling his own generative art collection after his interest was piqued by the collections put together by VincentVanDough and JDH, famed pseudonymous collectors. 

“My interest in generative art was inspired by a good friend of mine who was an early collector,” said Howard. “I quickly became fascinated by this concept of an algorithm or a set of rules being the medium to create a visual output. Much attention has been given to this genre of ‘painting with code’ over the past year, but the fact that it has roots in 1960s computer art was relevant to me.”

Howard added that he admires the work of Dmitri Cherniak, of Ringers fame, as well as that of Matt DesLauriers, Deaf Beef and IX Shells — and said he is keen to discover new artists. 

“One way I do this is through Digital Art Salon London,” he said. “Open to everyone, my team organizes this salon on a monthly basis to bring together IRL [in real life] artists, curators and creatives in the field. The team also speaks to traditional art museums and institutions to inform them about digital art.”

These efforts come despite the relatively recent popularity of generative art among crypto investors. Even in a sector as sprawling and changeable as crypto, Howard is covering all bases. 

© 2022 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: Ryan Weeks

Policy Scoop with Aislinn Keely: Crypto meets real world concerns in mining policy discussion

Episode 45 of Season 4 of The Scoop was recorded remotely with The Block’s Aislinn Keely and Core Scientific SVP of Growth Taras Kulyk & NYS Assemblyman Clyde Vanel.

Listen below, and subscribe to The Scoop on AppleSpotifyGoogle PodcastsStitcher or wherever you listen to podcasts. Email feedback and revision requests to podcast@theblockcrypto.com.

Much of the policy conversation surrounding crypto is concerned with Wall Street-minded issues that mostly take place in the digital world – investor protection, cybersecurity, licensure to provide online financial services. But the policy conversation surrounding proof-of-work mining is asking crypto to contend with real-world issues. Mining firms are answering to environmental narratives, concerns of noise pollution and questions as to how a data center can better a community.

This episode of Policy Scoop takes a deep dive into the policy dialogues around mining, from the federal level down to local communities. Host Aislinn Keely sits down with Taras Kulyk, Senior VP of Growth at mining firm Core Scientific, to talk about regulators’ and lawmakers’ views on proof-of-work mining and how the industry is meeting those concerns. 

“It all boils down to the executive order from the Biden administration that’s dealing with a wide swath of things. But the environmental impact kind of became the key rallying mark for digital asset miners in the United States,” said Kulyk. “The good thing is, is it seems like there’s a lot of misinformation that can be very easily quelled and dealt with within Washington, specifically that for some reason, legislators think that digital miners produce CO2.”

New York Assembly Member Clyde Vanel also joins the show to talk about the proposed mining moratorium in the state, and why he thinks it’s not the answer to environmental concerns. Vanel shares how he’s seen mining firms positively shape some of New York’s communities, and why he’s hopeful for its role in the state.

In this episode of Policy Scoop, Keely also chats with Kulyk and Vanel on:

  • House Democrats’ letter to the EPA and the industry response
  • How SEC environmental disclosures could impact mining firms
  • New York’s proposed mining moratorium
  • How mining firms are contending with community concerns

This episode is brought to you by our sponsors FireblocksCoinbase Prime & Cross River
Fireblocks is an enterprise-grade platform delivering a secure infrastructure for moving, storing, and issuing digital assets. Fireblocks enables exchanges, lending desks, custodians, banks, trading desks, and hedge funds to securely scale digital asset operations through the Fireblocks Network and MPC-based Wallet Infrastructure. Fireblocks serves over 725 financial institutions, has secured the transfer of over $1.5 trillion in digital assets, and has a unique insurance policy that covers assets in storage & transit. For more information, please visit www.fireblocks.com.

About Coinbase Prime
Coinbase Prime is an integrated solution that provides institutional investors with an advanced trading platform, secure custody, and prime services to manage all their crypto assets in one place. Coinbase Prime fully integrates crypto trading and custody on a single platform, and gives clients the best all-in pricing in their network using their proprietary Smart Order Router and algorithmic execution. For more information, visit www.coinbase.com/prime.

About Cross River
Cross River is powering today’s most innovative crypto companies, with banking and payments solutions you can rely on, including fiat on/off ramp solutions. Whether you are a crypto exchange, NFT marketplace, or wallet, Cross River’s API-based, all-in-one platform enables banking as a service, ACH & wire transfers, push-to-card disbursements, real-time payments, and virtual accounts and subledgers. Request your fiat on/off ramp solution now at crossriver.com/crypto.

© 2022 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: Aislinn Keely

Avalanche proposes the Otherside metaverse should build its own subnet

The Avalanche core team has submitted a proposal idea to the ApeCoin DAO, suggesting that the Otherside metaverse should migrate to the Avalanche blockchain. The proposal is still in an early discussion phase and is not clear if it will go through a formal governance vote — let alone whether the DAO has control over the metaverse.

The ApeCoin DAO is the governance body of ApeCoin, an Ethereum token used within Yuga Labs’ forthcoming Otherside metaverse and the Bored Ape Yacht Club NFT collection. Yuga Labs is yet to make a statement on the proposal.

Last month, Yuga Labs, a key contributor of ApeCoin DAO, complained about Ethereum’s network congestion and rocketing gas fees during the mint sale of its Otherside metaverse land NFTs. It expressed interest in having its own blockchain to meet scalability demands. With Yuga Labs looking to develop its own blockchain, Avalanche has formally pitched to the ApeCoin DAO about a possible migration.

“We propose that ApeCoin DAO launches Otherside on an Avalanche subnet to support Otherside’s future community growth through rapid transaction processing, higher throughput, greater ability to scale and lower gas fees,” Avalanche said in its pitch.

Emin Gün Sirer, CEO of Ava Labs, which is the core development firm behind Avalanche, confirmed his team’s interest in the proposal in trying to persuade ApeCoin DAO. Sharing the link to the proposal on Twitter, Sirer stated that “ApeCoin would be fantastic as an Avalanche subnet, and benefit from the superior performance of its dedicated chain on the fastest consensus protocol.” 

Avalanche is a Layer 1 blockchain that presents itself as a faster and cheaper Ethereum alternative. It is compatible with the Ethereum Virtual Machine, a computing environment used by Ethereum apps. Another feature of Avalanche allows individual applications to spin up their own blockchains called subnets sitting on top of the main network. These subnets can have different levels of security and blockchains are able to use their own native tokens for transaction fees.

This subnet component is an important part of today’s pitch. The Avalanche team recommended that ApeCoin DAO should consider deploying as a metaverse and NFT-centric Avalanche subnet. If this happened, it would follow another large community, the DeFi Kingdoms play-to-earn game, in doing so.

But the proposal may not even get off the ground.

In the governance forum discussion on the proposal, community members and Bored Ape holders expressed a range of views against the idea. Many members argued that the ApeCoin DAO should remain part of the Ethereum blockchain and focus on achieving scalability with the available Layer 2 scaling solutions, rather than moving to a separate network. There is even another proposal from one member asking the ApeCoin DAO to remain on Ethereum.

“Honestly think we have more to lose leaving [Ethereum] than we have to gain exploring options off of it and it’s [Layer 2s]. Rather, for all value that apecoin and the ecosystem around can give, I don’t see remotely an appropriate value that avalanche can give back to make it worth the sacrifice,” said one commentator.

Another pointed out that the ApeCoin DAO may not even have control over the Otherside metaverse.  “First, the DAO has nothing to do with the Otherside. That’s a Yuga project and it’s not within the purview of this DAO to decide what technology they do or do not use for that,” they said, before adding that they too, prefer the layer 2 route.

© 2022 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: Vishal Chawla

OCC’s Hsu reiterates “careful and cautious” approach after Terra collapse

Acting Comptroller of the Currency Michael Hsu is doubling down on the bank regulator’s “careful and cautious” approach to crypto in the wake of the TerraUSD collapse, though he says he’s come to see the potential in crypto.

In his remarks at DC Blockchain Summit 2022, Hsu noted that despite the half a trillion in market capitalization lost in the TerraUSD de-pegging, “there has been no contagion from cryptocurrencies to traditional banking and finance.” 

“The resilience of the traditional banking system to the recent events in crypto is not an accident,” he said. “Rather, it is due, at least in part, to federal bank regulators’ continued and intentional
emphasis on safety and soundness and consumer protection.”

That includes last year’s interpretive letter from the Office of the Comptroller of the Currency, which warned national banks that crypto activities are only permitted with compliance to applicable consumer protection laws. The Federal Depository Insurance Corporation published a similar sentiment this year.

“I believe that these reminders have contributed to the safety and soundness of the banking system despite the heightened volatility and recent turmoil in the crypto markets,” said Hsu.

Hsu has long been a crypto skeptic, and he acknowledged his stance in today’s speech. Though he said he’s “come to see its [crypto’s] potential and understand why there is excitement around it,” he reiterated his concerns, saying recent events appear to be the result of the crypto economy’s dependence on “hype.”

“The industry has grown too fast, however, and suffers from a hype-based, ‘shoot, ready, aim’ approach to innovation and value creation,” he said. “The recent events in crypto should serve as a wake-up call and an opportunity to reset and to recalibrate the problems the industry is trying to solve.”

Those problems include a highly fragmented system, with an abundance of chains and cross-chain bridges that are prone to hacks, according to Hsu. There are also risks of “contagion” shown by Tether’s struggles during the Terra fallout. 

“Such contagion is familiar to bank regulators and students of
money-like instruments — prudential regulation can help,” said Hsu.

Hsu also argued that custody and ownership rights are underdeveloped for the size, scope and ambitions of the industry. Some of these areas include the ownership rights of non-fungible tokens and standards for the ownership and custody of digital assets with sufficient consumer protections, according to Hsu. 

Until those problems are solved, Hsu said the OCC “will continue to take a careful and cautious approach to crypto in order to ensure that the national banking system is safe, sound, and fair.”

© 2022 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: Aislinn Keely

Actor Seth Green is on Twitter trying to reclaim a stolen Bored Ape

Earlier this month, actor Seth Green lost several non-fungible tokens (NFTs) to an apparent phishing attack.

One of the stolen NFTs included a Bored Ape, which according to transaction records, was sold for $200,000 from the scammer to a user named DarkWing84.

The actor has since tried multiple attempts on Twitter at getting it back, especially as the Ape was a central character in a new show Green had been working on. Green tweeted at a Twitter user with the same handle as the buyer, “looks like you bought my stolen ape- hit me up so we can fix it.” There appear to be no tweets in response from the account, which last tweeted in 2021.

“I bought that Ape in July 2021, and have spent the last several months developing and exploiting the IP to make it into the star of this show,” said Green to Gary Vaynerchuk at NFT conference VeeCon this weekend. “Days before he’s set to make his world debut, he’s literally kidnapped.” 

Unfortunately, when Green lost the Ape, he also may have lost the commercial rights to use it on his show. Commercial rights were one of the seemingly appealing things about owning an Ape, because unlike with other NFT collections, its owners had an unlimited, worldwide license to use it for the purpose of creating derivative works, said NFT lawyer Edward Lee in a January interview with The Block.

This type of license allowed NFT buyers unlimited rights to make “commercial uses of and derivative works from the underlying Bored Ape characters,” which was “a highly unusual in the NFT market,” wrote Lee, in an article highlighting the possible reason the Bored Ape business model has been so successful. 

But with hacks like this, it’s unclear if Green’s show will still go on, and what this means for NFT ownership more broadly. The new holder of the Bored Ape now holds the commercial rights to use it and the laws in this are still developing.

Some experts are on the side that a stolen NFT does not transfer the rights to it. 

Hot Take: This is nonsense. A thief is not a “purchaser” or “owner” and thus can’t avail his/herself of the stolen rights under the license,” tweeted Drew Hinkes, adjunct professor at NYU Law. “Reminder- digital assets give you system powers, not legal rights. Legal rights come from law.”

In response, another lawyer, James Grimmelmann, tweeted back that the answer is not so clear cut.

“Maybe the current possessor of Bored # 8398 has a license to the copyright. Maybe they don’t,” he wrote. “It depends on property law, copyright law, and most importantly the interpretation of the BAYC license. But the BAYC license is hopelessly ambiguous. It is not fit for purpose.”

Green has been working with authorities to try and get his NFTs back, and OpenSea, the platform on which the NFT was transacted, has frozen the items that Green reported to the platform, a rep from the company told The Block.

“Our platform policies and Terms of Service explicitly prohibit the use of OpenSea to buy, sell, or transfer stolen and/or fraudulently obtained items,” said a company spokesperson in an email to The Block, adding: “We do not have the power to freeze or delist NFTs that exist on decentralized blockchains; however, we do disable the ability to use OpenSea to buy or sell stolen items. We enforce our policy in various ways, including disabling buying and selling on violating content, delisting, and in some instances, banning accounts.” This information was also given to Green when he reported the incident to OpenSea. 

© 2022 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: Anushree Dave


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