Bitcoin lobby wants to change the regulator and push India into financial chaos

Today’s Economic Times carries an article “Crypto Exchanges want Sebi or a New Entity as regulator, not RBI”

 

It appears that the Bitcoin lobby has not been able to corrupt RBI which is standing up to its principle that Private Crypto currencies such as Bitcoin, Ethereum, Dogecoin etc are all meant to kill the legacy currency system of sovereign nations.

Though the Indian Crypto Exchange owners have been able to compromise several bureaucratic agencies, RBI has understood that allowing Bitcoins to be easily exchangeable into legit currency is declaring that “Black Money” is legal.

If RBI agrees to this demand, the central bank will lose all control on the monetary system in India and there will be financial chaos in the  country.

After the recent attack on the Gas pipeline in USA and also the Washington Police by Bitcoin ecosystem which includes the Cyber Crime, Drug Trade, Illegal arms trade and all crimes  that the DarkWeb represents, the US Government turned its screws on Bitcoins.

US Government appears to have realized that if we want to kill the Darkweb, we have to first kill the currency of the Dark web which is the crypto currency.

Now the Indian Crypto industry has realized that RBI is not amenable to bribes and the Ministry can at best be kept silent for some time because it is ultimately led by Mr Narendra Modi.

Seeing that RBI is likely to be unyielding and soon the Tax authorities will start investigating the source of declared crypto currency holdings,  the Crypto Criminals of India want to get rid of RBI and appoint  SEBI to be their regulator.

We have pointed out  in our earlier article ” Black Money gets a Boost from SEBI. Mr Thaygi should be removed as SEBI Chairman”  how SEBI in the past has shown its support to Bitcoin.

We had also pointed out that MCX which works under SEBI had officially supported the Bitcoin regulation” and sheepishly withdrew when Naavi.org exposed their designs.

Now Mr Monark Modi, founder of crypto currency exchange Bitex wants SEBI to regulate the Crypto currencies and not RBI. Knowing the earlier views of SEBI and MCX, Mr Monark knows which regulator is on his side.

The argument Bitcoin is not a currency but a commodity is technically correct. However, the Crypto industry has declared that their objective is to make Bitcoin a “Substitute currency to the legit currency”. There is a well developed market like Foreign Exchange market where trading of Bitcoins and other cryptos take place 24X7. The perception is therefore more relevant than the technical issue.

The declared objective of Bitcoin right from its inception is summed up below.

 

Bitcoin has been created as a “Currency”, used as “Currency” and promoted as “Currency”. Any other representation is is just an attempt to mislead the law makers.

Bitcoin industry was able to get the Supreme Court accept  devious arguments and provide a favourable judgment that enabled the industry to thrive . The industry feels that if the Bill fo ban Crypto currencies is passed, they can again go to Supreme Court and they will find some friends who will get another  “Bollywood judgement”, that can be scripted as per the direction of their lawyer.

This judgement would be considered as historic as the judgements like Keshavananda Bharti judgement or the Putaswamy Judgement.

While Keshavanand Bharti judgement propounded the primacy of the basic structure of the constitution and curtailed the powers of the Parliament, Puttaswamy judgement went a step ahead (See J Chelmeshwar judgment) that the judges have the freedom to interpret and even add to what is not written in the constitution.

On the other hand, this Bollywood judgement showed how a clever scripted judgement can come out of our highest Court  to with a ridiculous argument that “X, the litigant is right but Y the other litigant will be declared as winner of this case”.

Given this unpredictable status of law in India, Bitcoin criminals can get any law passed as they like and get the endorsement of the Supreme Court also. India today has a system of Governance where Supreme Court takes even administrative decisions on how Oxygen should be distributed across the States. It can therefore be expected that the Supreme Court can also draw up a law on its own making Bitcoin and other Crypto Currencies acceptable as legit currency.

Next time,  the Bitcoin lobby may be able to convince the Supreme Court to come up  with a judgement stating that Court fee can be paid out of Bitcoins or salaries of  Judges may be paid out of Bitcoins.  This will clear all doubts in the minds of honest citizens like us that India will in future be led by Black money and not the legit RBI money. Since the Government has recently received a billion dollar donation in the form of Bitcoins for Covid relief, the Government can use the funds for meeting salaries of Judges since they are now required to act as the Alternative Cabinet of the country and take day to day administrative decisions.

Given this scenario, I am not surprised that the Bitcoin lobby wants to change the regulator. Tomorrow the same lobby will want a change of the PM also. The recent defeats of BJP in West Bengal and Kerala indicate that anti nationals can come to power by religious vote consolidation and these same groups can also defeat BJP at the national level one day…if not in 2024, may be in 2029. Once the Government changes, Bitcoin criminals will get the regulator of their choice and can sell India for Bitcoins.

People like us are hoping that in our lifetime, Mr Narender Domodar Das Modi  will not let the country’s economic system go to dogs. We also hope that the new crop of Supreme Court judges will also realize their responsibilities and will not let their views manipulated by clever lawyers.

The more delay there is to pass the Crypto Bill, more pressure would be brought on the Government to get Crypto currencies brought into the main stream. It is unfortunate that our Finance Ministry is unable to muster courage and get the Bill passed. There will always be media and journalists to write that Bitcoin is a great boon and try to persuade public to invest more and more in Bitcoins and other crypto currencies. Many such investors have lost their money and they are unlikely to get any legal support to get protection from frauds involving bitcoin purchase or usage.

I request that those who understand technology and also have the country’s interest at heart like Mr Ratan Tata to clarify Madam Nirmala Smitherman that banning crypto currencies has nothing to do with technology innovation. Block chain as a technology can continue to be used without Bitcoins or other Crypto currencies. This excuse to gain support for Bitcoin should be brushed aside with the contempt it deserves.

I also want Mr Amit Shah and Mr Ravi Shankar Prasad to appreciate that banning the use of Crypto currency is the first step to reducing cyber crimes, terrorism and even the farmer’s unrest. They should support the Crypto ban with all the power at their command.

Let wisdom dawn on our decision makers in Delhi.

Naavi

 

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Opening a new Vista of Opportunity for the professionals

Cyber Law College, a division of Ujvala Consultants Private Limited is the pioneer in India in Cyber Law Education.

Started in 2000, Cyber Law College started offering online programs on Cyber Laws to spread the awareness of Cyber Laws in India. It also conducted innumerable offline training and educational programs and contributed to the development of Cyber Law aware industry professionals.

Now Cyber Law College is also in the fore front of education related to Privacy and Data Protection.

Starting June 19th, a 36 hour online program for Privacy and Data Protection is being launched to develop a comprehensive Privacy and Data Protection professional. The program is being executed for FDPPI, under the set of FDPPI-DNV  programs.

Fee for the program includes the basic membership of FDPPI.

For more information visit www.fdppi.in

Naavi

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Madam Nirmala Sitharaman, Don’t be reluctant to stop Bitcoin Terrorism

The option to enrich oneself with Bitcoin wealth has created an incentive for Cyber Criminals to continue their nefarious activities.

The news that Colonial Pipelines, a company in US first stopped its operations plunging the US East Coast into a severe Petrol shortage situation and later making a payment (not admitted by the Company publicly) of US $5 million to the ransomware attackers in the form of Bitcoins highlights this risk manifestation.

In recent times, Ransomware attackers have become bold enough even to attack the Washington Police showing that they are above law. The possibility of enrichment is the main reason why criminal activities continue.

So far we are thinking that it is “Cyber Criminals” who are using “Bitcoins” as currency. When Naavi.org talks of Crypto Currencies being “Currency of Criminals” or “Currency of Terrorists”, the perception is that Crypto currency is another “Currency” which is misused by criminals, drug traffickers or arms dealers etc.

But now slowly it is time to realize that it is not “Crimes” that are driving the Bitcoins but it is the “Bitcoins” that is driving the Crimes.

In fact Bitcoin has elevated itself from being a “Currency of Terrorists” to “Being A terror by itself”.

What we are seeing now is that the Bitcoin holders are enriching themselves by resorting to financial terrorism.

India by showing reluctance to ban Bitcoins and other Crypto Currencies is in fact assisting the “Bitcoin Terrorists” to indulge in Cyber attacks.

I therefore call that Mrs Nirmala Sitharaman, the honourable Finance Minister needs to realize that any further delay in not banning Bitcoins is actually showing forbearance to the Financial terrorism of Bitcoins.

The time to wait for the the next Parliamentary session is over. We need an immediate ordinance to make the provisions of the Bill effective immediately.

Will the Finance Ministry listen to our words at least now?

Naavi

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Open up Opportunities in Privacy and Data Protection

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Be a Certified Global Privacy and Data Protection Professional

Cyber Law College as a division of Ujvala Consultants Private Limited will launch a comprehensive Certification program covering Data Protection Laws of India, Data Protection Laws of the world (GDPR, CCPA, Singapore PDPA, Dubai DIFC DPL, Brazil LGPD) and Data Audit skills  including Data Trust Score mechanism under PDPSI. (Personal Data Protection Standard of India)..

The Certification is being provided under the FDPPI-DNV co-branded services.

The program details are as follows:

Session Duration Topic
1-4 12 hours PDPA
5-6 6 hours GDPR
7-10 9 hours HIPAA, DIFC DPL,Singapore PDPA, CCPA, Brazil LGPD
11-14 9 hours Principles of Audit, Planning and managing an Audit,Data Audit under PDPA

The 36 hour online program will be conducted at week ends on Saturdays and Sundays for 3 hours on each day starting from 10.00 am. The tentative date of starting would be 19th June 2021.

The total fee for the course would be Rs 40,000/-. Members of FDPPI and Sponsored Auditors of DNV will get appropriate discounts. Those who have already completed the certification of any of the modules Module I, G or A will be given corresponding discounts.

The discounted registrations will close by May 31st 2021 and all registrations will close by 10th June 2021.

For further clarifications, kindly contact Naavi over e-mail.

Payment can be made using the following link.

However, kindly send an e-mail indicating the payment details along with the details of your name, address, contact e-mail, contact mobile number, and your designation so that we can reconcile the payments. Those of you who want a separate receipt for accounting purpose may kindly request for the same.

Naavi

 

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CEAC starts “Will Repository service” for Digital Assets

In continuation of the concerns that Naavi.org has expressed regarding the need to recognize and document the transfer of digital assets of deceased data principals, Cyber Evidence Archival Center (CEAC) which is a division of Ujvala Consultants Private Limited has started with immediate effect a “Repository Service for written instructions regarding disposal of digital assets on the death of a data principal”.

It is to be noted that in India, “Will in electronic form” is not recognized. Any instruction that relates to an action to be undertaken on the death of a person will have the character of a testamentary statement and hence cannot be expressed in the form of digital documents such as e-mails.

At the same time, a proper will needs to be witnessed and registered. It needs to contain some basic information. There are many websites from which a format of will can be obtained.

This repository service is meant for people who want to state their digital holdings and ensure that they can be claimed by the legal heirs. At FDPPI we are working on some suggestions to be given to the Government and we hope in due course Government may introduce a valid system of nomination of digital assets.  However the increasing number of deaths caused by Covid indicate that we need a service as envisaged immediately.

Under the process, CEAC will receive paper based instructions written in own handwriting (Not type written) indicating the name and address of the person along with the details of the digital assets such as (E Mail account, Facebook account, etc), through a sealed cover sent through registered post (With acknowledgement and also confirmation over e-mail) with a marking indicating “For Digital Asset  Disposal Repository”. The cover would not be opened and would be deposited in a Bank locker.

The deposit will be charged a fee. Current proposed fee is Rs 500/- per deposit and needs to be renewed annually.

The retrieval will be subject to the process suggested under CLCC  which is subject to fine tuning and will also be charged. At the time of retrieval, the cover would be opened in front of the claimant and a legal representative of the claimant and information contained there in would be provided so that further legal process of adding the digital assets in the succession certificate application can be made.  The retrieval charge proposed now is Rs 1000/-

CEAC would not be responsible for the instructions not being considered as a valid will.

This is a service which would be in operation until a more formal arrangement may evolve with changes in law.

At present CEAC reserves the right to stop the service completely any time after 2 years.

More details can be obtained by sending an e-mail to ceac.naavi@gmail.com

Naavi

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