Sheep market Scam- Sterling 60 Million lost by Bitcoin investors

One of the biggest challenges to the Bitcoin and other Cryptocoin systems is the robbing of their bitcoin holdings by criminals. Having adopted a peer to peer system for creation of the currency and challenging the fiat currency system, it is the responsibility of the BTC community itself to safeguard the interests of the holders.

Recent heist involving Sterlings 60 million from sheepmarket.com highlights the risks. However, some of the knowledgeable users have started tracking the stolen BTCs through the block chains and trying to trace the criminal.

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This case indicates the clear necessity of a policing system that can prevent such crimes. While many may consider this as a backward step towards sacrificing anonymity, in due course people will realize that giving up anonymity in preference to securing their genuine wealth.

A consideration should be given therefore to redflagging transactions so that such frauds are prevented. This will also ensure that Governments will shed their current suspicions on the system and accept it to the main stream of economics.

Naavi

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Crypto Coins Due Diligence Framework

Against the belief that China would allow Bitcoin to thrive, news has come that China has now banned financial institutions from transacting in BTC.  While full details are not yet known, the regulation may prenvent Banks from buying and holding BTC as an asset.

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The move has brought down the BTC exchange rate in BTC China to a level of around $930/- However, MtGox still traded BTC at $ 1012 introducing an arbitrage opportunity which perhaps vested interests in China can exploit. At the same time Preev.com quoted BTC at $938. These variations introduce a certain level of uncertainty for the investors reflecting the current confusion that prevails in the global BTC market. Perhaps this also reflects the impact of the fear of regulation that is operating in the background.

In India there is still no proper exchange though some jobbers are offering to buy and sell Bitcoins for rupees. The latest quote from buysellbitco.in, an Ahmedabad based operator was 1BTC=INR62746 (equivalent of US$ 1014.40). The operator however adds a 3% fees making the net cost much higher. The operator is also buying BTC at Rs 59325/- keeping a trader’s amrgin of nearly 5%.

It may not be correct for Indian residents to buy or Sell  BTC in Foreign BTC exchanges since this may fall within the foreign exchange regulations. However there  may not be any bar at this time for buying or selling BTC within India  by Indian residents to other resident Indians. Mining  also does not appear to be  in violation of any known law in India.

The problem arises however when hype is built around the Bitcoin as a currency and regulators perceive a challenge to their authority. It is this perception that might guide some regulators and force them take harsh decisions.

 However, the Chinese central banking ban for Bankers to participate in BTC trades is reasonable since the asset value is prone to speculative loss and it may not be prudent fro Banks to invest in such assets. Individuals who are able to appreciate these risks can however acquire BTC as an asset and absorb the risks associated with rate fluctuations. However in case investors lose money due to fall in BTC exchange rate they should not expect any support from the Government.

Buyers of BTC should also ensure that they buy it only from sources which have a clean title to the BTC. Otherwise they could be exposed to the risk of being part of “Money Laundering”. It may be clarified that “Money Laundering” arises when one of the persons involved between the Miner and the buyer has acquired the BTC through a criminal activity.

In view of this there is a need for proper due diligence to be applied by intermediaries such as the jobbers and the exchanges if they want to ensure that buyers are not automatically sucked into a transaction chain involving criminal money.

The regulators and the BTC industry need to focus on how to build a trust in the system by developing a “Due Diligence” standard for the intermediaries involved in the trade.

In continuation of the efforts of the undersigned at promoting Cyber Law Compliance in India, Naavi is in the process of developing “Crypto Coin Due Diligence Framwork”  to enable development of Cryptocoin industry in India on a Law Compliant foundation.

Naavi

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Naavi speaks on Bitcoin at Bloomberg TV

Here is an interview of Naavi at Bloomberg TV today on Bitcoin.

Naavi expresses his opinion that India failed to negotiate for adequate number of IPV4 addresses when they were initially distributed and they should not do the same mistake by delaying the recognition of Cryptocoins which other countries are prepared to accept.

The full video can be viewed here: http://www.yourmoneysite.com/videos/watch/4285/will-bitcoin-craze-grip-india

Naavi

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Bitcoin Regulation.. Where should the focus be?

We have been watching Bitcoin exchange rates growing exponentially at MtGox attracting the attention of regulators both from the point of view of the possible effect on the monetary controls of the Sovereign States and loss of Tax revenue besides the money laundering.

Regulators should also recognize another aspect of the market that could be a cause of worry. That is the growing number of Bitcoin clones in the market. A few days back only 9 bitcoin clones were visible. Yesterday the report was about 53 clones. Today the number of Bitcoin clones appear to have grown to about 142 as this report suggests. (Complete Directory of Crypto Coins)

Since Bitcoin protocol is an open source protocol, we can expect more Crypto currencies to emerge as we go on. In fact many of the “Reward Schemes” operated in the markets can overnight convert themselves into crypto currencies and provide a capital appreciation prospect to the reward points.

Regulators now have to therefore worry not only on Bitcoins, but on all other Crypto Currencies and the dynamics of the issue is is changing so fast that it is difficult for regulators to keep watching any more.

Let’s us now look at some of the major concerns of the regulators.

1. Use of Bitcoins (and all other Crypto currencies) for criminal activities:

Cyber Crimes is an important concern of the community. Today, the Cyber Crime related money laundering transactions is said to be bigger than Drug related transactions. There is therefore a legitimate concern that any system that assists in holding of assets in anonymous and liquid form, movable across the globe in minutes (like BTC) is an obvious choice of the crime mafia.

However the real concern of the society on Cyber Crimes is when money from the physical society is stolen via the Internet. Infact, if a virtual asset of one Netizen is stolen  or lost, the physical society would not be much bothered.  It is only when a person loses his Rupee or dollar balances in his Bank account that the physical society is really concerned.

Hence If Bitcoins are lost by a holder, it is only some body elese in the Bitcoin community who may be bothered and not the physical society regulators.

If the crime syndicate wants to use Bitcoins as the currency for rewarding crimes, they still need to transfer their crime income in Dollars or Rupees to BTCs and vice versa. The concern should therefore be about the “Conversion Point”.

IOW, BTC is not a threat to the society but it is only the convertibility of physical currency to BTC and vice versa which is a matter of concern to the physical society. 

2. Taxing of the Revenue

Governments everywhere are interested in “Taxing” the population and appropriating their wealth so that the Governance can be financed. Whenever they see people making profits in business, they therefore think of how to tax them. If they feel that the profits are earned relatively easily then the urge to tax on a higher tax bracket is more.

Currently the regulators can understand the part of the Bitcoin business which involves buying and selling of BTCs. This is no different from stock market or property transactions. Investors will make either trading profit or loss in the short term or long term. As long as such profits or losses are realized in local currency terms, they can be brought under tax net.

When the stocks remain in BTC form, the regulators need to arrive at a valuation scheme and they may either take the value as prevailing in MtGox or have a system of weighted valuation across a few top Exchanges.

Regulators will however have some difficulty on understanding the nature of wealth creation that occurs in the “Mining Activity”. The value created in the mining activity accumulates in bitcoin wallets which are difficult to trace and it is only when a person declares his holding will the IRS/IT department come to know of the existence of the BTC wealth of the citizen.

However once declared by the miner, it is possible for the tax authorities to value it in terms of the exchange rates and consider it as a property.

The cost of acquisition of the BTC is however not easy to ascertain. The cost of hardware and electricity as well as any other fees paid need to be taken into account just as in any other business. However there is a reasonable way of estimating this based on the calculators that are available. Some uncertainty may still be there when miners adopt innovative strategies to cool the processors and thereby save electricity.

However it would not be difficult for the tax officials to agree upon a cost declaration and allow it as a deduction from the value of the coins created and also agree to tax the holdings on the basis of holdings or on conversion to physical society currency at some point of time in the future.

They may also introduce a condition that unless the costs are declared during the year of operation, they will not be allowed as a deduction on sale in the subsequent years.

Hence taxing of BTC related operations is well withing the grasp of the regulators and can be easily managed.

3. Impact on the Economy

There is one more concern among regulators about whether holding of monetary assets by people as a parallel currency affect the money circulation in the economy and affect monetary policies such as interest rates etc.

This is unfounded since at present the vale of BTC wealth is too small in comparison with the physical currencies floating around.

Even when the BTC holding in an economy goes upto a significant level of say 10 to 20%, what it means is that there would be some “pseudo wealthy persons” in the society who can feel proud that they are millionaires. But their status would be like some property owners who may be sitting on prime property but may not have cash to meet their wealth tax obligations itself.

The wealth has value only when converted into domestic currency and when BTC is sold and coverted to local currency. The wealth then becomes part of the local currency and neither causes inflation or deflation on its own.

I therefore consider that the regulators need not have any worry about the adverse effect of BTC on the economy.

However, I  concede and strongly contend that there is a need to ensure that BTCs are not used as the currency of the Cyber Crime underworld or as the Currency of the criminals for laundering their crime money or for politicians to hoard their ill gotten wealth in BTCs instead of Swiss Banks.

In order to achieve this objective there is a need to regulate the “Exchanges”.  It is necessary for the Governments to ensure that conversion of BTC (Or any other Crypto Currency) to legacy currency of the land or vice versa has to be through a regulated process.

This means that the exchanges have to be “Authorized” and there has to be a proper “Record Keeping including an effective Know Your Customer norm” and “Record Submission to authorities”.

I suggest regulators to start thinking in this direction but otherwise let the crypto currency system to thrive on its own steam.

In fact if more Indians can start BTC mining, then ISPs would be happy with the higher bandwidth usage. Power sellers would be happy with higher capacity utilization ( I assume that power shortage is not an issue at the place of mining). IT hardware industry would be happy since it creates a market for more computers and specialized mining equipments. (Hope this would give a fillip to  computer hardware industry in India!).

More mining in India means more global wealth flow to India and more tax collection by the authorities.

Hope RBI is watching the developments in the right perspective.

There could be a concern however for the environmentalists and those who would like conservation of resources and prioritizing productive uses. The debate could be whether the amount of computing power that is getting diverted into BTC activity is worth the effort. (See the report here). May be this is left to a later point of time when the activity is more significant.

Naavi

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54 crypto currencies?

According to a recent report the number of Crypto currencies presently available is arond 54 and not 10 as was hitherto thought.

Refer article

Since the Bitcoin protocol is an open source protocol, it is possible for clones to be built by others. The key however is the “acceptability”. It is only when the crypto coin is accepted by a large community, it has any recognition as a “Currency”.

However this also means that it is possible for some of the countries to adopt a new crypto currency  Some of the larger countries can start their own cryto currencies. Each nation state may then  popularize it’s adopted crypto currency within its limited geographic environment with legal backing while denying at the same time legal recognition to other crypto currencies, making the chosen crypto currency a monopoly in the respective state.

This would create one crytpo currency for each geographical state and an inter national crypto currency exchange system much like a shadow system of the current physical currency system.

It would not be surprising if India becomes the first country to adopt such a model.

Naavi

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Beware of virus riding on Bitcoin

With the exploding interest developing in India on the Bitcoin, the malware writers will be looking at every possibility of using the bitcoin craze to spread viruses and trojans.

Already, spam mails appear to be in circulation trying to entice the Netizens to open infected links to install trojans. A greater risk is through downloads of various programs from the internet some of which seem to be in no way connected with Bitcoin.

It is now known that there are many such downloads where a Bitcoin miner is embedded for mining Bitcoins for third parties botnet” specialzing on bitcoin mining using the victim’s resources.  In this case the Bitcoins generated in the victim’s computer would be credited to the wallets of a third party.

It is necessary for netizens to know that employing such embedded bitcoin miners is  considered a “Computer Contaminant” and such activity is a serious offence in India. Even when approval for the installation of the Bitcoin miner is surreptitiously obtained through the terms and conditions or privacy documents, the Courts are unlikely to approve such clauses in a standard form contract.  The offence imposes both civil and criminal liabilities.

Indian law also provides for collection of compensation for the damages suffered with the installation of a computer contaminant and for determining compensation payable, the wrongful gain made by the person who caused the installation of computer contaminant would be a factor to be considered. This means that the compensation that can be claimed Bitcoins generated by the malicious code includes the value of the Bitcoins generated.

It would be interesting if any such case arises.

Naavi

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