[{"innerBlocks":[],"postId":299,"name":"core\/freeform","blockType":{"name":"core\/freeform","keywords":[],"attributes":{"content":{"type":"string","source":"raw"},"lock":{"type":"object"},"metadata":{"type":"object"}},"providesContext":[],"usesContext":[],"selectors":[],"supports":{"className":false,"customClassName":false,"reusable":false},"styles":[],"variations":[],"blockHooks":[],"apiVersion":3,"title":"Classic","description":"Use the classic WordPress editor.","category":"text"},"originalContent":" $\"\"$ \n\nIn this issue:\n

\u2022 Tax Compliance Stakes Raised for Cryptocurrency Issues<\/a><\/p>\n<\/a>NY DFS Grants License to Bitcoin ATM Operator, Exchanges Make Announcements<\/strong>\n\nBy: <\/em>Joanna F. Wasick<\/em><\/a>\n\nThe New York State Department of Financial Services (DFS) announced last week that it approved Coinsource, Inc.\u2019s application for a virtual currency license.\u00a0Coinsource presently operates 40 Bitcoin teller machine (BTM) kiosks in New York, allowing customers to buy and sell bitcoin for cash. DFS says its approval was based on stringent requirements related to various risk controls and consumer protections.\u00a0Coinsource is the only company operating BTMs with this type of license; however, DFS previously approved more general licenses for other companies in the cryptocurrency marketplace.\u00a0One licensee, Square, a payments company that recently integrated cryptocurrencies, announced on Thursday that it generated $43 million in bitcoin revenue this quarter (up $6 million).\n\nIn token news, Coinbase announced it will support BAT, tokens issued by Brave, which runs an internet browser that \u201cpays\u201d users in BAT to view ads.\u00a0In addition, Stably, a Canadian startup, recently announced the early-access launch of StableUSD, a stablecoin issued with an equivalent unit of U.S. dollars held in escrow accounts.\u00a0Tether, another stablecoin issuer (criticized by some for opacity), issued a letter earlier this month stating it had a $1.8 billion account with a Bahamas-based financial institution to back up its Tether coins. Days later, the bank issued a statement that the letter was legitimate.\u00a0To help determine the best places to trade and store cryptocurrencies, the cybersecurity company Group-IB has announced its system of grading the security of various exchanges.\u00a0Its methodology, which will be used to determine insurance premiums, tracks factors such as cyberattack losses, anti-money laundering (AML) policies and storage capabilities.\n\nOutside the U.S., Binance Uganda reportedly signed up 40,000 users in the first week after it launched its cryptocurrency exchange.\u00a0And Bithumb, a South Korean cryptocurrency exchange, announced a partnership with a major Asian e-commerce company that will enable customers to make purchases via the Bithumb Cache system, a password-protected payment service that allows Bithumb customers to convert their cryptocurrency funds for use as payments.\n\nTo read more about the information covered in this week\u2019s post, see the following:\n

\n \tDFS GRANTS VIRTUAL CURRENCY LICENSE TO COINSOURCE, INC. - BITCOIN ATM<\/a><\/li>\n \t
Square\u2019s Bitcoin Revenue Increases by $6 Million in Q3, Profits Top $500,000<\/a><\/li>\n \t
Coinbase Adds Browser Startup Brave\u2019s Token to Pro Trading Platform<\/a><\/li>\n \t
Researchers rank cryptocurrency exchanges by how secure they are<\/a><\/li>\n \t
Binance Signs Up 40,000 Crypto Traders in Its First Week in Uganda<\/a><\/li>\n \t
South Korean Crypto Exchange Bithumb Lanches [sic] Payment Service with \u2018Asian Amazon\u2019 Qoo10<\/a><\/li>\n \t
Stably announces early-access launch of 1:1 USD-pegged cryptocurrency, StableUSD (USDS)<\/a><\/li>\n \t
Controversial Stablecoin Tether Confirms New Banking Partner Deltec After Weeks of Rumors<\/a><\/li>\n<\/ul>\n<\/a>Capital Markets Developments in Regulatory Guidance, Value of ICO Offerings and Banking<\/strong>\n\nBy: <\/em>Jonathan D. Blattmachr<\/em><\/a>\n\nThere are (as usual these days) many interesting developments in the blockchain capital markets space this week. First up, Securities and Exchange Commission (SEC) director William Hinman announced the Commission intends to release \u201cplain English\u201d guidance for ICO issuers. This information may help those gearing up for an offering to determine whether the SEC will consider the token a security. Hinman is the same director who gave an interesting speech in June about what should be considered a security, which we wrote about here<\/a>.\n\nAlso in regulatory news, the Swiss Financial Market Supervisory Authority (FINMA) has weighed in on capital adequacy requirements for crypto assets, recommending (but not requiring) that investors should be \u201cassigned a flat risk weight of 800% to cover market and credit risks.\u201d This would mean, for example, that for each bitcoin held, a bank should assume a value of eight times that amount in fiat currency when calculating the risk-weighted value of its assets. FINMA also recommends institutions limit their crypto trading activities to 4 percent of total capital, including long and short positions.\n\nWhile everyone agrees the capital markets have raised a significant sum from initial coin offerings (ICOs) this year, what the total amount is depends on who\u2019s asked. Estimates range anywhere from $11 billion to $22 billion; the divergence exists because while the issuers have self-reported how much they raised from their ICOs, market watchers can take those numbers at face value or adjust. That said, according to a recent report, Israel-based ICOs have raised $606 million during the third quarter this year. Israel has reportedly attracted $1.3 billion in blockchain investments so far, with the plurality of the money going into the fintech space.\n\n\nIn the world of banking, Bancor announced it will provide cross-blockchain token swaps between ether and EOS-based tokens, without exchanges. The company believes this will allow its users to \u201cseamlessly interact with any blockchain which best suits their needs.\u201d And a major Spanish bank announced it has completed a test program that placed a $150 million syndicated loan on the Ethereum blockchain. The pilot reportedly eliminated the need for banks to share information via fax, a slow and costly process.\n\nTo read more about the topics covered in this week\u2019s post, see the following:\n
\n \t
SEC Official Says \u2018Plain English\u2019 Guidance On ICOs Is Coming<\/a><\/li>\n \t
How Much Have ICOs Raised in 2018? Depends on Who You Ask<\/a><\/li>\n \t
Report: Israeli Projects Raised Over $600 Million via ICOs as of Q3 2018<\/a><\/li>\n \t
First Israeli Blockchain Report<\/a><\/li>\n \t
Israeli Startups Raised $600 Million Through ICOs in 2018: Report<\/a><\/li>\n \t
Bancor Begins Cross-Blockchain Token Trading Between Ethereum and EOS<\/a><\/li>\n \t
BBVA Puts $150 Million Syndicated Loan on Ethereum Blockchain<\/a><\/li>\n \t
Swiss FINMA sets tough restrictions on bank bitcoin trading<\/a><\/li>\n \t
Swiss Regulator Imposes 800% Risk Weighting for Bank Crypto Trading<\/a><\/li>\n<\/ul>\n<\/a>Blockchain Pilots for Voting and Supply Chain, Global Shipping Business Network Challenges TradeLens<\/strong>\n\nBy:<\/em> Diana J. Stern<\/em><\/a>\n\nIn this year\u2019s midterm elections, West Virginia conducted a statewide pilot utilizing a private blockchain, smartphones and facial recognition so that Americans abroad could vote more easily. One election security expert advised this would likely be superior to submitting absentee ballots by email but far less secure than in-person voting.\n\nIn another recent pilot, hardware manufacturer Seagate and a large, global technology company will seek to stop counterfeiting in the computer hard-drive supply chain. Hard drives produced by Seagate for the other company\u2019s servers will include a physical marker and corresponding electronic key, which will be stored on a blockchain platform, where it will be available for verification at any time.\n\nIn a digital supply chain use case, smart contract outfit OpenLaw created an end-to-end demonstration of how artists can utilize their smart contract tools to manage fragmented ownership interests and commercialization strategies for their intellectual property in a more automated way \u2013 from proving ownership and issuing licenses to receiving royalty payments. In the demo, the artist uploads art as a nonfungible token on the Ethereum blockchain, then creates licenses linked to that token and finally enters into a written contract with the counterparty through a partially automated process. By tying the smart contracts to the token, OpenLaw aims to have the payments mechanism follow the license each time it is transferred. In related news, a U.S.-based software company was awarded a patent for a blockchain-based platform that would seek to prevent spam email.\n\nFollowing our previous coverage of TradeLens<\/a>, reports state the platform may have hit tumultuous tides as competitors attempt to work together, and efforts to achieve a network effect have fallen short with respect to carriers. One contributing factor may be that carrier Maersk is essentially steering the ship. On the other hand, customs authorities, logistics companies and a total of 94 players have reportedly integrated with TradeLens, and this week, the Port of Authority of Valencia in Spain joined as well. Still, multiple carriers have sailed over to a competing consortium, the Global Shipping Business Network (GSBN), affiliated with the Ocean Alliance. The recently announced GSBN is composed of ocean carriers serving the trans-Pacific market that collectively represent approximately one-third of global container ship capacity.\n\nA major global enterprise software firm recently announced its HANA blockchain, which leverages the company\u2019s databases and cloud platform and is compatible with Hyperledger Fabric and MultiChain and soon will be compatible with Quorum. In addition, Hyperledger Fabric recently announced support for Ethereum Virtual Machine (EVM) bytecode smart contracts. Among other features, Fabric now integrates with Solidity, a popular programming language used to write smart contracts.\n\nTo read more about the topics covered in this week\u2019s post, see the following:\n
\n \t
West Virginians abroad in 29 countries have voted by mobile device, in the biggest blockchain-based voting test ever<\/a><\/li>\n \t
IBM, Seagate Team Up to Tackle Hard Drive Fakes With Blockchain<\/a><\/li>\n \t
OpenLaw Launches Blockchain-Based IP Ownership System<\/a><\/li>\n \t
Salesforce Wins Patent Tackling Email Spam With Blockchain<\/a><\/li>\n \t
Port Authority of Valencia Joins Maersk, IBM Blockchain Project for Shipping<\/a><\/li>\n \t
IBM\/Maersk Blockchain Shipping Initiative Hits Rough Seas<\/a><\/li>\n \t
Ocean Alliance starts own blockchain group, firing shot across bow of Maersk-IBM alliance<\/a><\/li>\n \t
SAP HANA Blockchain is now generally available!<\/a><\/li>\n \t
Hyperledger Fabric Adds Support for Ethereum<\/a><\/li>\n<\/ul>\n<\/a>Multiple Enforcement Actions in US and Abroad Seek to Quell Blockchain Industry Crimes<\/strong>\n\n\u00a0<\/strong>By:<\/em> Simone O. Otenaike<\/em><\/a>\n\nThis week, the SEC announced that it has settled charges against the founder of EtherDelta for operating an unregistered national securities exchange. EtherDelta is a digital token trading platform for blockchain-based tokens commonly issued in ICOs. According to the SEC\u2019s order, EtherDelta\u2019s founder agreed to pay $300,000 in disgorgement plus $13,000 in prejudgment interest and a $75,000 penalty. This is the SEC\u2019s first enforcement action against a digital token trading platform for operating as an unregistered national securities exchange. The SEC has previously brought enforcement actions relating to unregistered broker-dealers and ICOs, some of which were traded on EtherDelta. The SEC\u2019s recently released annual enforcement report for the 2018 fiscal year cites three specific ICOs that defrauded investors of a combined $68 million.\n\nIn more SEC-related news, the crypto fund Blockvest LLC asked a federal court to require the SEC to submit admissible evidence before allowing the agency to block its ICO. Blockvest LLC argued that the SEC should be required to make more specific allegations and argued that evidence submitted in support of the SEC\u2019s application for a temporary restraining order is based on hearsay and thus inadmissible. On the state level, this week the Texas State Securities Board filed an emergency cease and desist order against Automated Web Services Mining (AWS Mining), an Australia-based cloud mining company, for selling unregistered crypto mining power contracts. According to the order, AWS Mining, along with its officers and partners, failed to register as dealers or agents for securities offerings and failed to register its contracts as securities.\n\nA leading web analytics platform, StatCounter, was breached late last week through an external JavaScript tag. The service is used by more than 2 million other websites, including several government-related websites, to gather statistics on website visitors. This breach was unique because the hackers compromised StatCounter\u2019s external JavaScript tag, not StatCounter\u2019s website. The hackers used an external resource that touches millions of other sites just to steal bitcoin from one cryptocurrency exchange website. The attack demonstrates that well-maintained and protected websites are still susceptible to flaws in external resources that are under the control of third parties.\n\nOn the international front, regulators continue to put pressure on hackers. Late last week, the Financial Markets Authority (FMA) of New Zealand blacklisted three new crypto-related websites \u2013 Crypto Gain, Russ Horn and Zend Trade. Meanwhile in Turkey, the Cybercrime Department of the Turkish National Police arrested 11 suspects for an alleged crypto hack that resulted in more than $80,000 in losses. In South Korea, intelligence officials have solved the first known case of cryptojacking in South Korea. Cryptojacking is a hacking method where the hacker secretly takes control of personal computers to mine cryptocurrency. While the four hackers collected only about $895 worth of virtual money, they will stand trial for infecting over 6,000 PCs during the course of their scheme.\n\nOn Monday, Cybersecurity experts at Japan Digital Design, a subsidiary of Mitsubishi UFJ Financial Group, announced the discovery of incriminating evidence against the hackers of Japanese crypto exchange Zaif. Back in September, Zaif lost roughly $60 million worth of crypto assets. The experts have provided all relevant information to the authorities. Also this week, Taiwan\u2019s legislature bolstered current cryptocurrency regulations with the passage of amendments to its existing AML and counterterrorism financing laws. The amendments give Taiwan\u2019s Financial Supervisory Commission (FSC) the power to prohibit anonymous crypto transactions and to allow banking organizations to reject anonymous transactions and report suspicious ones to the FSC. These changes promote AML compliance and allow Taiwan to better align with international AML standards.\n\nTo read more about the topics covered in this week\u2019s post, see the following:\n
\n \t
SEC Charges EtherDelta Founder With Operating an Unregistered Exchange<\/a><\/li>\n \t
SEC Report Notes \u2018Dozens\u2019 of Investigations Into ICOs at End of Fiscal Year<\/a><\/li>\n \t
Crypto Fund Denounces SEC\u2019s Testimony In Enforcement Suit<\/a><\/li>\n \t
Texas Regulators Enter Emergency Stop Against Crypto Mining Firm<\/a><\/li>\n \t
Texas Regulator Issues Cease and Desist Order to Cloud Mining Company<\/a><\/li>\n \t
New Zealand\u2019s Financial Authority Blacklists Three Local Crypto Platforms<\/a><\/li>\n \t
Turkish Police Arrest 11 Suspects in Alleged Hack of Cryptocurrency Wallet Accounts<\/a><\/li>\n \t
Supply-chain attack on cryptocurrency exchange gate.io<\/a><\/li>\n \t
Hackers booked for taking control of 6,000 PCs to mine cryptocurrency<\/a><\/li>\n \t
Hackers Behind Zaif Crypto Exchange Theft May Have Been Exposed<\/a><\/li>\n \t
Japan: Cybersecurity Experts Claim to Have Made Progress in Tracking Zaif Exchange Hackers<\/a><\/li>\n \t
Taiwan passes new cryptocurrency regulation to combat anonymous transactions<\/a><\/li>\n \t
Taiwan\u2019s Legislature Amends AML, CFT Laws to Place New Requirements on Crypto Exchanges<\/a><\/li>\n<\/ul>\n<\/a>Tax Compliance Stakes Raised for Cryptocurrency Issues<\/strong>\n\nBy: <\/em>Roger M. Brown<\/em><\/a> and <\/em>Heather K.P. Fincher<\/em><\/a>\n\nAt the International Tax Symposium held in Houston on Nov. 8 and 9 by the State Bar of Texas Tax Section<\/a>, Daniel N. Price of the IRS Office of Chief Counsel reportedly said the IRS is not contemplating a separate disclosure program related to offshore cryptocurrency reporting. The IRS recently closed<\/a> a comparable program, the offshore voluntary disclosure program (OVDP), in which taxpayers with foreign accounts could voluntarily report transactions to the IRS and receive certain benefits, and Mr. Price\u2019s comments were meant to dispel a rumor that the IRS would launch a similar program encouraging taxpayers to disclose virtual currency transactions.\n\nMany taxpayers struggle with a myriad of tax issues that arise in the cryptocurrency context, including the following:\n
\n \t
Whether taxable gain arises from the exchange of one cryptocurrency for another (including potential application of the pre-2018 like-kind exchange rules).<\/li>\n \t
Tax treatment of hard and soft forks, air drops, and exchanges of tokens for goods, services or other items of value.<\/li>\n \t
Valuation issues arising from a variety of transactions, including token grants, option grants and air drops.<\/li>\n \t
FBAR reporting for cryptocurrency assets held offshore.<\/li>\n \t
Ability of non-U.S. persons to trade in cryptocurrencies through U.S. agents without being subject to U.S. tax.<\/li>\n \t
Tax treatment of ICOs.<\/li>\n \t
Classification and potential tax treatment of non-U.S. entities that may be used in effecting ICOs.<\/li>\n \t
Potential application of broker, barter exchange and other reporting rules.<\/li>\n<\/ul>\nThe absence of an OVDP-type program means that taxpayers will not have the benefit of reduced penalties if their tax treatment and reporting of these and other issues are incorrect.\u00a0Further, because no reference to guidance related to cryptocurrencies is made in the 2018-2019 Priority Guidance Plan<\/a>, released yesterday by the IRS and Treasury, it is unclear whether the IRS will be providing any additional guidance for taxpayers anytime soon. Thus, traditional means of reducing penalties by taking positions based on a learned application of the tax law to a taxpayer\u2019s facts will be needed to minimize tax-adverse consequences that may arise when dealing with cryptocurrencies.","saveContent":" $\"\"$ \n\nIn this issue:\n
\u2022 NY DFS Grants License to Bitcoin ATM Operator, Exchanges Make Announcements<\/a><\/p>\n
\u2022 Capital Markets Developments in Regulatory Guidance, Value of ICO Offerings and Banking<\/a><\/p>\n
\u2022 Blockchain Pilots for Voting and Supply Chain, Global Shipping Business Network Challenges TradeLens<\/a><\/p>\n
\u2022 Multiple Enforcement Actions in US and Abroad Seek to Quell Blockchain Industry Crimes<\/a><\/p>\n
\u2022 Tax Compliance Stakes Raised for Cryptocurrency Issues<\/a><\/p>\n<\/a>NY DFS Grants License to Bitcoin ATM Operator, Exchanges Make Announcements<\/strong>\n\nBy: <\/em>Joanna F. Wasick<\/em><\/a>\n\nThe New York State Department of Financial Services (DFS) announced last week that it approved Coinsource, Inc.\u2019s application for a virtual currency license.\u00a0Coinsource presently operates 40 Bitcoin teller machine (BTM) kiosks in New York, allowing customers to buy and sell bitcoin for cash. DFS says its approval was based on stringent requirements related to various risk controls and consumer protections.\u00a0Coinsource is the only company operating BTMs with this type of license; however, DFS previously approved more general licenses for other companies in the cryptocurrency marketplace.\u00a0One licensee, Square, a payments company that recently integrated cryptocurrencies, announced on Thursday that it generated $43 million in bitcoin revenue this quarter (up $6 million).\n\nIn token news, Coinbase announced it will support BAT, tokens issued by Brave, which runs an internet browser that \u201cpays\u201d users in BAT to view ads.\u00a0In addition, Stably, a Canadian startup, recently announced the early-access launch of StableUSD, a stablecoin issued with an equivalent unit of U.S. dollars held in escrow accounts.\u00a0Tether, another stablecoin issuer (criticized by some for opacity), issued a letter earlier this month stating it had a $1.8 billion account with a Bahamas-based financial institution to back up its Tether coins. Days later, the bank issued a statement that the letter was legitimate.\u00a0To help determine the best places to trade and store cryptocurrencies, the cybersecurity company Group-IB has announced its system of grading the security of various exchanges.\u00a0Its methodology, which will be used to determine insurance premiums, tracks factors such as cyberattack losses, anti-money laundering (AML) policies and storage capabilities.\n\nOutside the U.S., Binance Uganda reportedly signed up 40,000 users in the first week after it launched its cryptocurrency exchange.\u00a0And Bithumb, a South Korean cryptocurrency exchange, announced a partnership with a major Asian e-commerce company that will enable customers to make purchases via the Bithumb Cache system, a password-protected payment service that allows Bithumb customers to convert their cryptocurrency funds for use as payments.\n\nTo read more about the information covered in this week\u2019s post, see the following:\n
\n \tDFS GRANTS VIRTUAL CURRENCY LICENSE TO COINSOURCE, INC. - BITCOIN ATM<\/a><\/li>\n \t
Square\u2019s Bitcoin Revenue Increases by $6 Million in Q3, Profits Top $500,000<\/a><\/li>\n \t
Coinbase Adds Browser Startup Brave\u2019s Token to Pro Trading Platform<\/a><\/li>\n \t
Researchers rank cryptocurrency exchanges by how secure they are<\/a><\/li>\n \t
Binance Signs Up 40,000 Crypto Traders in Its First Week in Uganda<\/a><\/li>\n \t
South Korean Crypto Exchange Bithumb Lanches [sic] Payment Service with \u2018Asian Amazon\u2019 Qoo10<\/a><\/li>\n \t
Stably announces early-access launch of 1:1 USD-pegged cryptocurrency, StableUSD (USDS)<\/a><\/li>\n \t
Controversial Stablecoin Tether Confirms New Banking Partner Deltec After Weeks of Rumors<\/a><\/li>\n<\/ul>\n<\/a>Capital Markets Developments in Regulatory Guidance, Value of ICO Offerings and Banking<\/strong>\n\nBy: <\/em>Jonathan D. Blattmachr<\/em><\/a>\n\nThere are (as usual these days) many interesting developments in the blockchain capital markets space this week. First up, Securities and Exchange Commission (SEC) director William Hinman announced the Commission intends to release \u201cplain English\u201d guidance for ICO issuers. This information may help those gearing up for an offering to determine whether the SEC will consider the token a security. Hinman is the same director who gave an interesting speech in June about what should be considered a security, which we wrote about here<\/a>.\n\nAlso in regulatory news, the Swiss Financial Market Supervisory Authority (FINMA) has weighed in on capital adequacy requirements for crypto assets, recommending (but not requiring) that investors should be \u201cassigned a flat risk weight of 800% to cover market and credit risks.\u201d This would mean, for example, that for each bitcoin held, a bank should assume a value of eight times that amount in fiat currency when calculating the risk-weighted value of its assets. FINMA also recommends institutions limit their crypto trading activities to 4 percent of total capital, including long and short positions.\n\nWhile everyone agrees the capital markets have raised a significant sum from initial coin offerings (ICOs) this year, what the total amount is depends on who\u2019s asked. Estimates range anywhere from $11 billion to $22 billion; the divergence exists because while the issuers have self-reported how much they raised from their ICOs, market watchers can take those numbers at face value or adjust. That said, according to a recent report, Israel-based ICOs have raised $606 million during the third quarter this year. Israel has reportedly attracted $1.3 billion in blockchain investments so far, with the plurality of the money going into the fintech space.\n\n\nIn the world of banking, Bancor announced it will provide cross-blockchain token swaps between ether and EOS-based tokens, without exchanges. The company believes this will allow its users to \u201cseamlessly interact with any blockchain which best suits their needs.\u201d And a major Spanish bank announced it has completed a test program that placed a $150 million syndicated loan on the Ethereum blockchain. The pilot reportedly eliminated the need for banks to share information via fax, a slow and costly process.\n\nTo read more about the topics covered in this week\u2019s post, see the following:\n
\n \t
SEC Official Says \u2018Plain English\u2019 Guidance On ICOs Is Coming<\/a><\/li>\n \t
How Much Have ICOs Raised in 2018? Depends on Who You Ask<\/a><\/li>\n \t
Report: Israeli Projects Raised Over $600 Million via ICOs as of Q3 2018<\/a><\/li>\n \t
First Israeli Blockchain Report<\/a><\/li>\n \t
Israeli Startups Raised $600 Million Through ICOs in 2018: Report<\/a><\/li>\n \t
Bancor Begins Cross-Blockchain Token Trading Between Ethereum and EOS<\/a><\/li>\n \t
BBVA Puts $150 Million Syndicated Loan on Ethereum Blockchain<\/a><\/li>\n \t
Swiss FINMA sets tough restrictions on bank bitcoin trading<\/a><\/li>\n \t
Swiss Regulator Imposes 800% Risk Weighting for Bank Crypto Trading<\/a><\/li>\n<\/ul>\n<\/a>Blockchain Pilots for Voting and Supply Chain, Global Shipping Business Network Challenges TradeLens<\/strong>\n\nBy:<\/em> Diana J. Stern<\/em><\/a>\n\nIn this year\u2019s midterm elections, West Virginia conducted a statewide pilot utilizing a private blockchain, smartphones and facial recognition so that Americans abroad could vote more easily. One election security expert advised this would likely be superior to submitting absentee ballots by email but far less secure than in-person voting.\n\nIn another recent pilot, hardware manufacturer Seagate and a large, global technology company will seek to stop counterfeiting in the computer hard-drive supply chain. Hard drives produced by Seagate for the other company\u2019s servers will include a physical marker and corresponding electronic key, which will be stored on a blockchain platform, where it will be available for verification at any time.\n\nIn a digital supply chain use case, smart contract outfit OpenLaw created an end-to-end demonstration of how artists can utilize their smart contract tools to manage fragmented ownership interests and commercialization strategies for their intellectual property in a more automated way \u2013 from proving ownership and issuing licenses to receiving royalty payments. In the demo, the artist uploads art as a nonfungible token on the Ethereum blockchain, then creates licenses linked to that token and finally enters into a written contract with the counterparty through a partially automated process. By tying the smart contracts to the token, OpenLaw aims to have the payments mechanism follow the license each time it is transferred. In related news, a U.S.-based software company was awarded a patent for a blockchain-based platform that would seek to prevent spam email.\n\nFollowing our previous coverage of TradeLens<\/a>, reports state the platform may have hit tumultuous tides as competitors attempt to work together, and efforts to achieve a network effect have fallen short with respect to carriers. One contributing factor may be that carrier Maersk is essentially steering the ship. On the other hand, customs authorities, logistics companies and a total of 94 players have reportedly integrated with TradeLens, and this week, the Port of Authority of Valencia in Spain joined as well. Still, multiple carriers have sailed over to a competing consortium, the Global Shipping Business Network (GSBN), affiliated with the Ocean Alliance. The recently announced GSBN is composed of ocean carriers serving the trans-Pacific market that collectively represent approximately one-third of global container ship capacity.\n\nA major global enterprise software firm recently announced its HANA blockchain, which leverages the company\u2019s databases and cloud platform and is compatible with Hyperledger Fabric and MultiChain and soon will be compatible with Quorum. In addition, Hyperledger Fabric recently announced support for Ethereum Virtual Machine (EVM) bytecode smart contracts. Among other features, Fabric now integrates with Solidity, a popular programming language used to write smart contracts.\n\nTo read more about the topics covered in this week\u2019s post, see the following:\n
\n \t
West Virginians abroad in 29 countries have voted by mobile device, in the biggest blockchain-based voting test ever<\/a><\/li>\n \t
IBM, Seagate Team Up to Tackle Hard Drive Fakes With Blockchain<\/a><\/li>\n \t
OpenLaw Launches Blockchain-Based IP Ownership System<\/a><\/li>\n \t
Salesforce Wins Patent Tackling Email Spam With Blockchain<\/a><\/li>\n \t
Port Authority of Valencia Joins Maersk, IBM Blockchain Project for Shipping<\/a><\/li>\n \t
IBM\/Maersk Blockchain Shipping Initiative Hits Rough Seas<\/a><\/li>\n \t
Ocean Alliance starts own blockchain group, firing shot across bow of Maersk-IBM alliance<\/a><\/li>\n \t
SAP HANA Blockchain is now generally available!<\/a><\/li>\n \t
Hyperledger Fabric Adds Support for Ethereum<\/a><\/li>\n<\/ul>\n<\/a>Multiple Enforcement Actions in US and Abroad Seek to Quell Blockchain Industry Crimes<\/strong>\n\n\u00a0<\/strong>By:<\/em> Simone O. Otenaike<\/em><\/a>\n\nThis week, the SEC announced that it has settled charges against the founder of EtherDelta for operating an unregistered national securities exchange. EtherDelta is a digital token trading platform for blockchain-based tokens commonly issued in ICOs. According to the SEC\u2019s order, EtherDelta\u2019s founder agreed to pay $300,000 in disgorgement plus $13,000 in prejudgment interest and a $75,000 penalty. This is the SEC\u2019s first enforcement action against a digital token trading platform for operating as an unregistered national securities exchange. The SEC has previously brought enforcement actions relating to unregistered broker-dealers and ICOs, some of which were traded on EtherDelta. The SEC\u2019s recently released annual enforcement report for the 2018 fiscal year cites three specific ICOs that defrauded investors of a combined $68 million.\n\nIn more SEC-related news, the crypto fund Blockvest LLC asked a federal court to require the SEC to submit admissible evidence before allowing the agency to block its ICO. Blockvest LLC argued that the SEC should be required to make more specific allegations and argued that evidence submitted in support of the SEC\u2019s application for a temporary restraining order is based on hearsay and thus inadmissible. On the state level, this week the Texas State Securities Board filed an emergency cease and desist order against Automated Web Services Mining (AWS Mining), an Australia-based cloud mining company, for selling unregistered crypto mining power contracts. According to the order, AWS Mining, along with its officers and partners, failed to register as dealers or agents for securities offerings and failed to register its contracts as securities.\n\nA leading web analytics platform, StatCounter, was breached late last week through an external JavaScript tag. The service is used by more than 2 million other websites, including several government-related websites, to gather statistics on website visitors. This breach was unique because the hackers compromised StatCounter\u2019s external JavaScript tag, not StatCounter\u2019s website. The hackers used an external resource that touches millions of other sites just to steal bitcoin from one cryptocurrency exchange website. The attack demonstrates that well-maintained and protected websites are still susceptible to flaws in external resources that are under the control of third parties.\n\nOn the international front, regulators continue to put pressure on hackers. Late last week, the Financial Markets Authority (FMA) of New Zealand blacklisted three new crypto-related websites \u2013 Crypto Gain, Russ Horn and Zend Trade. Meanwhile in Turkey, the Cybercrime Department of the Turkish National Police arrested 11 suspects for an alleged crypto hack that resulted in more than $80,000 in losses. In South Korea, intelligence officials have solved the first known case of cryptojacking in South Korea. Cryptojacking is a hacking method where the hacker secretly takes control of personal computers to mine cryptocurrency. While the four hackers collected only about $895 worth of virtual money, they will stand trial for infecting over 6,000 PCs during the course of their scheme.\n\nOn Monday, Cybersecurity experts at Japan Digital Design, a subsidiary of Mitsubishi UFJ Financial Group, announced the discovery of incriminating evidence against the hackers of Japanese crypto exchange Zaif. Back in September, Zaif lost roughly $60 million worth of crypto assets. The experts have provided all relevant information to the authorities. Also this week, Taiwan\u2019s legislature bolstered current cryptocurrency regulations with the passage of amendments to its existing AML and counterterrorism financing laws. The amendments give Taiwan\u2019s Financial Supervisory Commission (FSC) the power to prohibit anonymous crypto transactions and to allow banking organizations to reject anonymous transactions and report suspicious ones to the FSC. These changes promote AML compliance and allow Taiwan to better align with international AML standards.\n\nTo read more about the topics covered in this week\u2019s post, see the following:\n
\n \t
SEC Charges EtherDelta Founder With Operating an Unregistered Exchange<\/a><\/li>\n \t
SEC Report Notes \u2018Dozens\u2019 of Investigations Into ICOs at End of Fiscal Year<\/a><\/li>\n \t
Crypto Fund Denounces SEC\u2019s Testimony In Enforcement Suit<\/a><\/li>\n \t
Texas Regulators Enter Emergency Stop Against Crypto Mining Firm<\/a><\/li>\n \t
Texas Regulator Issues Cease and Desist Order to Cloud Mining Company<\/a><\/li>\n \t
New Zealand\u2019s Financial Authority Blacklists Three Local Crypto Platforms<\/a><\/li>\n \t
Turkish Police Arrest 11 Suspects in Alleged Hack of Cryptocurrency Wallet Accounts<\/a><\/li>\n \t
Supply-chain attack on cryptocurrency exchange gate.io<\/a><\/li>\n \t
Hackers booked for taking control of 6,000 PCs to mine cryptocurrency<\/a><\/li>\n \t
Hackers Behind Zaif Crypto Exchange Theft May Have Been Exposed<\/a><\/li>\n \t
Japan: Cybersecurity Experts Claim to Have Made Progress in Tracking Zaif Exchange Hackers<\/a><\/li>\n \t
Taiwan passes new cryptocurrency regulation to combat anonymous transactions<\/a><\/li>\n \t
Taiwan\u2019s Legislature Amends AML, CFT Laws to Place New Requirements on Crypto Exchanges<\/a><\/li>\n<\/ul>\n<\/a>Tax Compliance Stakes Raised for Cryptocurrency Issues<\/strong>\n\nBy: <\/em>Roger M. Brown<\/em><\/a> and <\/em>Heather K.P. Fincher<\/em><\/a>\n\nAt the International Tax Symposium held in Houston on Nov. 8 and 9 by the State Bar of Texas Tax Section<\/a>, Daniel N. Price of the IRS Office of Chief Counsel reportedly said the IRS is not contemplating a separate disclosure program related to offshore cryptocurrency reporting. The IRS recently closed<\/a> a comparable program, the offshore voluntary disclosure program (OVDP), in which taxpayers with foreign accounts could voluntarily report transactions to the IRS and receive certain benefits, and Mr. Price\u2019s comments were meant to dispel a rumor that the IRS would launch a similar program encouraging taxpayers to disclose virtual currency transactions.\n\nMany taxpayers struggle with a myriad of tax issues that arise in the cryptocurrency context, including the following:\n
\n \t
Whether taxable gain arises from the exchange of one cryptocurrency for another (including potential application of the pre-2018 like-kind exchange rules).<\/li>\n \t
Tax treatment of hard and soft forks, air drops, and exchanges of tokens for goods, services or other items of value.<\/li>\n \t
Valuation issues arising from a variety of transactions, including token grants, option grants and air drops.<\/li>\n \t
FBAR reporting for cryptocurrency assets held offshore.<\/li>\n \t
Ability of non-U.S. persons to trade in cryptocurrencies through U.S. agents without being subject to U.S. tax.<\/li>\n \t
Tax treatment of ICOs.<\/li>\n \t
Classification and potential tax treatment of non-U.S. entities that may be used in effecting ICOs.<\/li>\n \t
Potential application of broker, barter exchange and other reporting rules.<\/li>\n<\/ul>\nThe absence of an OVDP-type program means that taxpayers will not have the benefit of reduced penalties if their tax treatment and reporting of these and other issues are incorrect.\u00a0Further, because no reference to guidance related to cryptocurrencies is made in the 2018-2019 Priority Guidance Plan<\/a>, released yesterday by the IRS and Treasury, it is unclear whether the IRS will be providing any additional guidance for taxpayers anytime soon. Thus, traditional means of reducing penalties by taking positions based on a learned application of the tax law to a taxpayer\u2019s facts will be needed to minimize tax-adverse consequences that may arise when dealing with cryptocurrencies.","order":0,"get_parent":{},"attributes":[],"attributesType":{"content":{"type":"string","source":"raw"},"lock":{"type":"object"},"metadata":{"type":"object"}},"dynamicContent":null}]

Blockchain Developments: Bitcoin ATMs, Token Listings, Voting Pilots, Shipping Competition, Global Enforcement, Tax and More