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Blockchainand
cryptocurrencies
Basic concepts, current
developments and risk factors.
BasicConcepts
What is the difference between a
block, a node and a fork?
2
It all started 10 years ago.
From 2008 until 2014-2015, the bitcoin movement went
relatively unnoticed. Massive interest in cryptocurrencies
really started in 2016-2017, as the evolution of the total
market capitalization shows. However, now that
cryptocurrencies and especially the Blockchain, the
technology behind bitcoin have drawn attention, a massive
growth is expected. Still, nobody knows who Satoshi
Nakamoto really is …
3
What is the Blockchain?
Blockchain is a distributed ledger technology, based on
encryption, open-source code and peer-to-peer sharing.
• A Block is a permanent time-stamped record
of certain transactions on the Bitcoin
network, like a page of a ledger book.
• A Node is a computer connected to the
Blockchain network, which receives, verifies
and stores Blocks, in exchange for a reward
and/or transaction fees paid in Bitcoin.
• A transaction is permanently recorded and
non-alterable if verified by 50%+1 of the
Nodes. However, transactions after 3-4
confirmations are considered as definitely
confirmed.
• A Fork happens when the Blockchain diverges
into two potential paths forward. This
happened several times with Bitcoin and
Ethereum, the two main networks.
4
Image credits: https://mlsdev.com/blog
Developing
Ecosystem
In addition to cryptocurrencies and
Blockchain technology companies, a
host of new service providers and
crypto-exchanges have appeared.
5
Main cryptocurrencies
In addition to Bitcoin, major cryptocurrencies include
Ethereum, Ripple, Litecoin, EOS, etc. A list of the top 20
cryptocurrencies in terms of market capitalization from
https://coinmarketcap.com/
6
Fun facts: PeriodicTable of Cryptocurrencies
according to their appearance
However, not all cryptocurrencies survive.
Since cryptocurrencies have no intrinsic value and are not
backed by any assets, their market value is determined
purely by offer and demand rules, which depend on
general sentiment, expectation of profits, and supporting
Blockchain networks and ecosystem, among others.
Because not all Blockchain networks are designed exactly
the same, some cryptocurrencies are considered more
secure or more reliable, others execute faster, or provide
more anonymity. Some cryptocurrencies can be used as
“fuel” to execute certain transactions. For example, the
Ethereum network has grown mainly because it supports
thousands of user-friendly build-your-own-token projects.
In summary, some cryptocurrencies may be even more
risky and volatile. Some exchanges do not accept
certain cryptocurrencies or tokens.
7
Cryptocurrency Exchanges
Because of the development of cryptocurrencies, many
OTC exchanges and trading platforms have appeared in
recent years. Some are serious projects, with well-drafted
terms of use and compliance rules, others may be
incorporated in places such as Vanuatu or Belize.
Main factors to consider:
• Cryptocurrencies traded and volumes
• Liquidity issues
• Differences in pricing and exchange rates
• Conversion to fiat currencies
• Compliance efforts
• Some cryptocurrency exchanges are making efforts to get
regulated or licensed, in line with international AML/KYC
standards, while some have become known for being
less reputable. Many banks and service providers will
maintain their own lists.
8
Custody, AML/KYC and other services
Specialized administrators, accountants, custodians and
AML/KYC compliance providers have started to appear over
the last two years.
Other trends:
• Tokenized funds.
• Shares or bonds issued on the Blockchain.
• Classic funds investing in cryptocurrencies and
Blockchain start-ups (either directly or via tokens
purchased in ICOs).
• Blockchain business incubators, VC investments, and big
companies investing in Blockchain technologies (AMEX,
Mizuho, Tencent, Alibaba, Prudential, Intesa Sanpaolo,
ING, Morgan Stanley, RBC, AXA, Santander, Walmart,
Allianz, BNP Paribas, Bank of China, Wells Fargo, BoA,
JPMorgan Chase, China Construction Bank Corporation
and ICBC).
9
Official exchanges trading cryptocurrencies-based products
Some of the established capital markets exchanges have accepted to trade certain cryptocurrencies.
CME now has Bitcoin futures and
Cryptocurrency Indices
• standardized reference rates and
spot price indexes on bitcoin and
ether
• possible to hedge bitcoin exposure
with a futures contract
• reference rate and real-time index
for each cryptocurrency are
standardized and based on robust
methodology, with expert oversight
to bring confidence to bitcoin and
ether trading
• several exchanges and trading
platforms will provide pricing data,
including Bitstamp, Coinbase, itBit
and Kraken
10
• SIX Swiss Exchange, based in Zurich,
Switzerland's principal stock
exchange
• Crypto Market Index 10 which aims
to reliably measure the
performance of the largest and
most liquid crypto assets and tokens
• prices for the crypto assets and
tokens are obtained from multiple
exchanges
• Crypto Market Index 10 was
standardized at 1000 points on 30
December 2016, and has been
calculated on an ongoing basis since
9 January 2018
• On 30 August 2018, Deutsche Börse
announced that it established a new
area “DLT, Crypto Assets and New
Market Structures” that will focus
on the further development of a
Group-wide approach to take
advantage for Blockchain-related
growth opportunities.
• The Australian Securities Exchange
(ASX) has announced that it will be
using Blockchain technology.
And many others …
RiskFactors
There are certain specific risk factors
which should be disclosed and
mitigated when investing in Bitcoin
or other cryptocurrencies.
11
Risk Factors
Specific risk factors that investors should be aware of:
Loss or destruction of private keys
Bitcoins (or other cryptocurrencies)
are stored in a digital wallet and are
controllable only by the possessor of
both the public key and the private key
relating to the digital wallet, both of
which are unique.
If the private key is lost, destroyed or
otherwise compromised, an investor
may be unable to access the bitcoins
held in the related digital wallet which
will essentially be lost.
If the private key is acquired by a third
party, then this third party may be able
to gain access to the bitcoins.
12
Other cyber-security risks including
malicious activity
Trading platforms and third-party
service providers may be vulnerable to
hacking or other malicious activities.
If one or more malicious actor(s)
obtain control of sufficient consensus
nodes on the Bitcoin Network or other
means of alteration, then a Blockchain
may be altered. While the Bitcoin
Network is decentralized, there is
increasing evidence of concentration
by creating of “mining pools” and
other techniques, which may increase
the risk that one or several actors
could control the Bitcoin Network or
other similar Blockchain.
Risks associated with peer-to-peer
transactions
Digital currencies can be traded on
numerous online platforms, through
third party service providers and as
peer-to-peer transactions between
parties.
Many marketplaces simply bring
together counterparties without
providing any clearing or intermediary
services and without being regulated.
In such a case, all risks (such as
double-selling) remain between the
parties directly involved in the
transaction.
Risk Factors (continued)
Specific risk factors that investors should be aware of:
Other risks related to trading platforms
and exchanges
Digital currency trading platforms,
largely unregulated and providing only
limited transparency with respect to
their operations, have come under
increasing scrutiny due to cases of
fraud, business failure or security
breaches, where investors could not be
compensated for losses suffered.
Although one does not need a trading
platform or an exchange to trade
bitcoins or other cryptocurrencies,
such platforms are often used to
convert fiat currency into
cryptocurrency, or to trade one
cryptocurrency for another.
13
Loss of confidence in digital currencies
Digital currencies are part of a new
and rapidly evolving “digital assets
industry”, which itself is subject to a
high degree of uncertainty.
For a relatively small use of digital
currencies in the retail and commercial
marketplace, online platforms have
generated a large trading activity by
speculators seeking to profit from the
short-term or long-term holding of
digital currencies.
Most cryptocurrencies are not backed
by a central bank, a national or
international organization, or assets or
other credit, and their value is strictly
determined by the value that market
participants place on them.
Regulations preventing or restricting
trading of digital currencies
There are significant inconsistencies
among various regulators with respect
to the legal status of digital currencies.
Regulators are also concerned that
bitcoin and other cryptocurrencies
may be used by criminals and terrorist
organizations.
In the future, certain countries may
restrict the right to acquire, own, hold,
sell or use digital currencies. This
happened in China, but also in other
countries.
Risk Factors (continued)
Specific risk factors that investors should be aware of:
Currency-conversion risks
Policies or interruptions in the deposit
or withdrawal of fiat currency into or
out of the trading platforms may
impact the ability of certain investors
to convert.
For example, when two of the largest
trading platforms in China stopped
margin lending and withdrawals in
February 2017 and started
implementing stricter anti-money
laundering policies following
discussions with Chinese authorities,
this immediately triggered a decrease
in pricing and trading volume.
14
Slow-down of network
For bitcoins, mining is the process by
which bitcoins are created and
transactions verified. Miners which are
successful in adding a block to the
Blockchain are automatically awarded
bitcoins (plus transaction fees for
transactions recorded).
However, if the rewards for solving
blocks and transaction fees are not
sufficiently high, or if a high volume of
transactions occur at the same time,
the Blockchain may experience a slow-
down. A slow-down is also possible for
other cryptocurrencies, if the number
of transactions on the Blockchain is
very high.
Dilution due to competition or “fork” in
the Blockchain
Dissent between users as to protocols
to be used may result in a “fork”,
opening two separate networks.
In 2016, Ethereum experienced a
permanent fork in its Blockchain that
resulted in two versions of its digital
currency, Ethereum (ETH) and
Ethereum Classic (ETC), which trade
very differently.
Risk Factors (continued)
Self-regulation efforts. Recommendations from the NFA (the U.S. National Futures Association):
The risks associated with the unique
features of virtual currencies should be
explained.
Certain virtual currencies have
experienced daily price volatility of
more than 20%. The risks associated
with the extreme price volatility and
the possibility of rapid and substantial
price movements, which could result
in significant losses, should be
explained.
The lack of a centralized pricing source
poses a variety of valuation challenges.
The valuation and liquidity risks and
the procedures used for valuing virtual
currencies and the related risks should
be explained.
15
Unlike bank and brokerage accounts,
virtual currency exchanges and
custodians that hold virtual currencies
do not always identify the owner. The
opaque underlying or spot market
poses asset verification challenges for
market participants, regulators and
auditors and gives rise to an increased
risk of manipulation and fraud,
including the potential for Ponzi
schemes, bucket shops and pump and
dump schemes. The risks associated
with the opaque nature of the
underlying or spot virtual currency
market should be explained.
Virtual currency exchanges, as well as
other intermediaries, custodians and
vendors used to facilitate virtual
currency transactions, are relatively
new and largely unregulated.
Virtual currency exchanges generally
purchase virtual currencies for their
own account on the public ledger and
allocate positions to customers
through internal bookkeeping entries
while maintaining exclusive control of
the private keys. Virtual currency
exchanges collect large amounts of
customer funds for the purpose of
buying and holding virtual currencies on
behalf of their customers.
A virtual currency exchange may not
hold sufficient virtual currencies and
funds to satisfy its obligations and that
such deficiency may not be easily
identified or discovered. In addition,
many virtual currency exchanges have
experienced significant outages,
downtime and transaction processing
delays.
© Loeb Smith Attorneys, All rights reserved, 2020

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Blockchain and cryptocurrencies a presentation by Loeb Smith Attorneys

  • 2. BasicConcepts What is the difference between a block, a node and a fork? 2
  • 3. It all started 10 years ago. From 2008 until 2014-2015, the bitcoin movement went relatively unnoticed. Massive interest in cryptocurrencies really started in 2016-2017, as the evolution of the total market capitalization shows. However, now that cryptocurrencies and especially the Blockchain, the technology behind bitcoin have drawn attention, a massive growth is expected. Still, nobody knows who Satoshi Nakamoto really is … 3
  • 4. What is the Blockchain? Blockchain is a distributed ledger technology, based on encryption, open-source code and peer-to-peer sharing. • A Block is a permanent time-stamped record of certain transactions on the Bitcoin network, like a page of a ledger book. • A Node is a computer connected to the Blockchain network, which receives, verifies and stores Blocks, in exchange for a reward and/or transaction fees paid in Bitcoin. • A transaction is permanently recorded and non-alterable if verified by 50%+1 of the Nodes. However, transactions after 3-4 confirmations are considered as definitely confirmed. • A Fork happens when the Blockchain diverges into two potential paths forward. This happened several times with Bitcoin and Ethereum, the two main networks. 4 Image credits: https://mlsdev.com/blog
  • 5. Developing Ecosystem In addition to cryptocurrencies and Blockchain technology companies, a host of new service providers and crypto-exchanges have appeared. 5
  • 6. Main cryptocurrencies In addition to Bitcoin, major cryptocurrencies include Ethereum, Ripple, Litecoin, EOS, etc. A list of the top 20 cryptocurrencies in terms of market capitalization from https://coinmarketcap.com/ 6
  • 7. Fun facts: PeriodicTable of Cryptocurrencies according to their appearance However, not all cryptocurrencies survive. Since cryptocurrencies have no intrinsic value and are not backed by any assets, their market value is determined purely by offer and demand rules, which depend on general sentiment, expectation of profits, and supporting Blockchain networks and ecosystem, among others. Because not all Blockchain networks are designed exactly the same, some cryptocurrencies are considered more secure or more reliable, others execute faster, or provide more anonymity. Some cryptocurrencies can be used as “fuel” to execute certain transactions. For example, the Ethereum network has grown mainly because it supports thousands of user-friendly build-your-own-token projects. In summary, some cryptocurrencies may be even more risky and volatile. Some exchanges do not accept certain cryptocurrencies or tokens. 7
  • 8. Cryptocurrency Exchanges Because of the development of cryptocurrencies, many OTC exchanges and trading platforms have appeared in recent years. Some are serious projects, with well-drafted terms of use and compliance rules, others may be incorporated in places such as Vanuatu or Belize. Main factors to consider: • Cryptocurrencies traded and volumes • Liquidity issues • Differences in pricing and exchange rates • Conversion to fiat currencies • Compliance efforts • Some cryptocurrency exchanges are making efforts to get regulated or licensed, in line with international AML/KYC standards, while some have become known for being less reputable. Many banks and service providers will maintain their own lists. 8
  • 9. Custody, AML/KYC and other services Specialized administrators, accountants, custodians and AML/KYC compliance providers have started to appear over the last two years. Other trends: • Tokenized funds. • Shares or bonds issued on the Blockchain. • Classic funds investing in cryptocurrencies and Blockchain start-ups (either directly or via tokens purchased in ICOs). • Blockchain business incubators, VC investments, and big companies investing in Blockchain technologies (AMEX, Mizuho, Tencent, Alibaba, Prudential, Intesa Sanpaolo, ING, Morgan Stanley, RBC, AXA, Santander, Walmart, Allianz, BNP Paribas, Bank of China, Wells Fargo, BoA, JPMorgan Chase, China Construction Bank Corporation and ICBC). 9
  • 10. Official exchanges trading cryptocurrencies-based products Some of the established capital markets exchanges have accepted to trade certain cryptocurrencies. CME now has Bitcoin futures and Cryptocurrency Indices • standardized reference rates and spot price indexes on bitcoin and ether • possible to hedge bitcoin exposure with a futures contract • reference rate and real-time index for each cryptocurrency are standardized and based on robust methodology, with expert oversight to bring confidence to bitcoin and ether trading • several exchanges and trading platforms will provide pricing data, including Bitstamp, Coinbase, itBit and Kraken 10 • SIX Swiss Exchange, based in Zurich, Switzerland's principal stock exchange • Crypto Market Index 10 which aims to reliably measure the performance of the largest and most liquid crypto assets and tokens • prices for the crypto assets and tokens are obtained from multiple exchanges • Crypto Market Index 10 was standardized at 1000 points on 30 December 2016, and has been calculated on an ongoing basis since 9 January 2018 • On 30 August 2018, Deutsche Börse announced that it established a new area “DLT, Crypto Assets and New Market Structures” that will focus on the further development of a Group-wide approach to take advantage for Blockchain-related growth opportunities. • The Australian Securities Exchange (ASX) has announced that it will be using Blockchain technology. And many others …
  • 11. RiskFactors There are certain specific risk factors which should be disclosed and mitigated when investing in Bitcoin or other cryptocurrencies. 11
  • 12. Risk Factors Specific risk factors that investors should be aware of: Loss or destruction of private keys Bitcoins (or other cryptocurrencies) are stored in a digital wallet and are controllable only by the possessor of both the public key and the private key relating to the digital wallet, both of which are unique. If the private key is lost, destroyed or otherwise compromised, an investor may be unable to access the bitcoins held in the related digital wallet which will essentially be lost. If the private key is acquired by a third party, then this third party may be able to gain access to the bitcoins. 12 Other cyber-security risks including malicious activity Trading platforms and third-party service providers may be vulnerable to hacking or other malicious activities. If one or more malicious actor(s) obtain control of sufficient consensus nodes on the Bitcoin Network or other means of alteration, then a Blockchain may be altered. While the Bitcoin Network is decentralized, there is increasing evidence of concentration by creating of “mining pools” and other techniques, which may increase the risk that one or several actors could control the Bitcoin Network or other similar Blockchain. Risks associated with peer-to-peer transactions Digital currencies can be traded on numerous online platforms, through third party service providers and as peer-to-peer transactions between parties. Many marketplaces simply bring together counterparties without providing any clearing or intermediary services and without being regulated. In such a case, all risks (such as double-selling) remain between the parties directly involved in the transaction.
  • 13. Risk Factors (continued) Specific risk factors that investors should be aware of: Other risks related to trading platforms and exchanges Digital currency trading platforms, largely unregulated and providing only limited transparency with respect to their operations, have come under increasing scrutiny due to cases of fraud, business failure or security breaches, where investors could not be compensated for losses suffered. Although one does not need a trading platform or an exchange to trade bitcoins or other cryptocurrencies, such platforms are often used to convert fiat currency into cryptocurrency, or to trade one cryptocurrency for another. 13 Loss of confidence in digital currencies Digital currencies are part of a new and rapidly evolving “digital assets industry”, which itself is subject to a high degree of uncertainty. For a relatively small use of digital currencies in the retail and commercial marketplace, online platforms have generated a large trading activity by speculators seeking to profit from the short-term or long-term holding of digital currencies. Most cryptocurrencies are not backed by a central bank, a national or international organization, or assets or other credit, and their value is strictly determined by the value that market participants place on them. Regulations preventing or restricting trading of digital currencies There are significant inconsistencies among various regulators with respect to the legal status of digital currencies. Regulators are also concerned that bitcoin and other cryptocurrencies may be used by criminals and terrorist organizations. In the future, certain countries may restrict the right to acquire, own, hold, sell or use digital currencies. This happened in China, but also in other countries.
  • 14. Risk Factors (continued) Specific risk factors that investors should be aware of: Currency-conversion risks Policies or interruptions in the deposit or withdrawal of fiat currency into or out of the trading platforms may impact the ability of certain investors to convert. For example, when two of the largest trading platforms in China stopped margin lending and withdrawals in February 2017 and started implementing stricter anti-money laundering policies following discussions with Chinese authorities, this immediately triggered a decrease in pricing and trading volume. 14 Slow-down of network For bitcoins, mining is the process by which bitcoins are created and transactions verified. Miners which are successful in adding a block to the Blockchain are automatically awarded bitcoins (plus transaction fees for transactions recorded). However, if the rewards for solving blocks and transaction fees are not sufficiently high, or if a high volume of transactions occur at the same time, the Blockchain may experience a slow- down. A slow-down is also possible for other cryptocurrencies, if the number of transactions on the Blockchain is very high. Dilution due to competition or “fork” in the Blockchain Dissent between users as to protocols to be used may result in a “fork”, opening two separate networks. In 2016, Ethereum experienced a permanent fork in its Blockchain that resulted in two versions of its digital currency, Ethereum (ETH) and Ethereum Classic (ETC), which trade very differently.
  • 15. Risk Factors (continued) Self-regulation efforts. Recommendations from the NFA (the U.S. National Futures Association): The risks associated with the unique features of virtual currencies should be explained. Certain virtual currencies have experienced daily price volatility of more than 20%. The risks associated with the extreme price volatility and the possibility of rapid and substantial price movements, which could result in significant losses, should be explained. The lack of a centralized pricing source poses a variety of valuation challenges. The valuation and liquidity risks and the procedures used for valuing virtual currencies and the related risks should be explained. 15 Unlike bank and brokerage accounts, virtual currency exchanges and custodians that hold virtual currencies do not always identify the owner. The opaque underlying or spot market poses asset verification challenges for market participants, regulators and auditors and gives rise to an increased risk of manipulation and fraud, including the potential for Ponzi schemes, bucket shops and pump and dump schemes. The risks associated with the opaque nature of the underlying or spot virtual currency market should be explained. Virtual currency exchanges, as well as other intermediaries, custodians and vendors used to facilitate virtual currency transactions, are relatively new and largely unregulated. Virtual currency exchanges generally purchase virtual currencies for their own account on the public ledger and allocate positions to customers through internal bookkeeping entries while maintaining exclusive control of the private keys. Virtual currency exchanges collect large amounts of customer funds for the purpose of buying and holding virtual currencies on behalf of their customers. A virtual currency exchange may not hold sufficient virtual currencies and funds to satisfy its obligations and that such deficiency may not be easily identified or discovered. In addition, many virtual currency exchanges have experienced significant outages, downtime and transaction processing delays.
  • 16. © Loeb Smith Attorneys, All rights reserved, 2020