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Blockstack: Inching Closer to SEC Cryptocurrency Regulation

Blockchain cryptocurrency has been on quite a rollercoaster ride over the last 18 months. Companies like Bitcoin have seen their cryptocurrency go from $20,000, down to $3,000, and back up to $11,000 over time. Despite this, and many naysayers, it seems that Bitcoin and others are gaining increased attention from state entities. Among these include the Securities Exchange Commission, as increasing pressures for cryptocurrency regulation mount.

cartoon of a Blockstack employee smiling and holding up gold coins to his coworkers during a conference meeting
Blockstack and similar companies are up for a challenge.

The SEC has made it more challenging for blockchain operators to gain funding in the past many months. Initial Coin Offerings (ICOs), which were used to fund blockchain companies, are more cumbersome now with investor protections in place. But recent SEC rulings concerning Blockstack, a new blockchain company, suggests the pathway to ICOs may be easing. But at the same time, this may also indicate a stronger commitment to cryptocurrency regulation by the SEC.

Renewed Interest in Blockchain and in Cryptocurrency Regulation Processes

Over the course of the last several months, a few major developments have occurred in the blockchain world. For one, advancing trade wars with China have made some investors seek safe havens for their investments. Cryptocurrency investments offer options in these times that have asymmetrical risk. In other words, the risk of losing everything is low, but the chance of gaining tremendous amounts is substantial. As suggested by Jerome Powell, cryptocurrency thus offers a place to store investments no different than gold. As a result, greater demand for cryptocurrency investing has risen.

Secondly, SEC rulings have also been noteworthy in this regard. Blockstack, founded in 2013, was granted the opportunity to offer digital tokens to investors. As its approved Regulation A+ public offering, the SEC’s cryptocurrency regulation allows Blockstack $28 million to trade in digital tokens. This can be provided as an ICO to investors, which allows opportunities for Blockstack to gain funding. And it also suggests the SEC is exploring how to better provide cryptocurrency regulation in the process.

Cryptocurrency Regulation Issues and Potential Pursuits

The recently increased cryptocurrency regulations have involved demands for greater transparency for investors in Bitcoin and similar currencies. Regulation D does not require SEC approval for ICOs. However, companies choosing this route are limited to accredited investors with $5 million in assets and $1 million in net-worth. Otherwise, SEC approval is required. Blockstack chose Regulation A+ as an alternative, which notably offers some important advantages.

The agreement Blockstack arranged with the SEC allows a broad audience of investors to gain access to its cryptocurrency, called “Stacks.” This differs from other cryptocurrency regulations that limit options to accredited investors only. At the same time, however, Blockstack must attain one million verified users by January 2020. If not, they must refund investments made as part of the cryptocurrency regulation oversight. As is evident, the SEC seems to be exploring new ways to provide cryptocurrency regulations without stifling innovation.

In the absence of cryptocurrency regulation, concerns exist about illegal activities and financial stability. President Trump tweeted his lack of support for blockchain and related cryptocurrency processes without oversight. In the absence of cryptocurrency regulation, he voiced concerns over money laundering and other unlawful activities. The deal with Blockstack suggests that there are efforts to enforce such regulatory efforts.

Can Blockstack Succeed Under Cryptocurrency Regulations?

Believe it or not, whether Blockstack succeeds may impact the entire cryptocurrency sector in total. Should Blockstack fail to attain 1 million users by the deadline, the repercussions on the entire market could be substantial. But at the same time, Blockstack’s success could signal a way forward with the SEC’s approval. In fact, You Now Inc., another blockchain company startup, also received Regulation A+ approval from the SEC recently. This approach is notably more appealing that Regulation D, especially for startups.

With these pressures in mind, Blockstack has pursued interesting measures to help improve its chances. For one, it already has over 170 applications for its cryptocurrency use. This was possible by offering application developers the opportunity to earn Stacks in exchange for their apps. As a result, this makes Blockstack much more attractive to users, especially if several user interfaces and exchanges exist. Likewise, having been around for six years, Blockstack has had time to refine its privacy and exchange platforms. These should also position them better for success under the current cryptocurrency regulations.

The Jury on Cryptocurrency Regulations Long-Term Is Still Out

At this point in time, the SEC has leverage over blockchain entities since there is a need for investor funding. But in the future, this may not be as important. Blockchain cryptocurrencies like Bitcoin, Ethereum, and even Blockstack lack intermediaries between consumers and retailers. Thus, the need for SEC regulation is not necessary nor it is a requirement. This differs from other similar pursuits like Facebook’s Libra digital currency. It may, therefore, be difficult to oversee cryptocurrency activities in the future given the nature of blockchain’s infrastructures.

However, for now, it appears SEC is striving to achieve some middle ground. Based on Blockstack’s arrangement, the SEC seems to be seeking some control without squashing cryptocurrency altogether. The real test may come when and if global use of blockchain and cryptocurrency takes hold. If that should occur, cryptocurrency regulations and oversight may not be implemented easily.

Companies Like Blockstack Now Face Cryptocurrency Regulation Cartoon

cartoon of a Blockstack employee smiling and holding up gold coins to his coworkers during a conference meeting
Blockstack and similar companies are up for a challenge.

Facebook Antitrust Woes Have Gotten The Company In Trouble Cartoon

cartoon of Donald Trump holding out a note related to Facebook antitrust problems and pointing to a sad FB logo in prison
Facebook acquisitions were not just the problem, but the company’s antitrust situation—to the tune of $5 billion.

Facebook Antitrust Woes – Is the Big Tech Giant Playing Fair?

The Federal Trade Commission recently levied a $5 billion fine against Facebook, the largest in history. In fact, the amount makes the FTC’s $22.5 million fine against Google in 2012 look fairly petty. But the magnitude of the fine speaks to Facebook’s dominance in the market raising questions about a Facebook antitrust situation. Recent Facebook acquisitions and questionable deals are causing some to delve into the issue in greater depth.

cartoon of Donald Trump holding out a note related to Facebook antitrust problems and pointing to a sad FB logo in prison
Facebook acquisitions were not just the problem, but the company’s antitrust situation—to the tune of $5 billion.

Indeed, the $5 billion is hardly large enough to cause Facebook to tremble in fear. The company generates over $15 billion a quarter in revenues. And the action resulted from compliance violations over user data privacy protections and not Facebook antitrust actions. But the decision does reflect a growing concern that Facebook has an unfair advantage in the marketplace today. Thus, examining whether recent Facebook acquisitions are simply routine business deals or a reflection of Facebook antitrust actions is deserving.

Questionable Facebook Acquisitions and Deals

It wasn’t a Facebook acquisition that got the company into its recent trouble with the FTC. Instead, it was laxity in Facebook’s privacy protections that allowed Cambridge Analytica to access tens of thousands of users’ data. But Facebook antitrust concerns were the focus of the House Judiciary Antitrust Subcommittee’s investigation recently. Alongside Google’s Alphabet and Amazon, company representatives had to face some tough questions about recent Facebook acquisitions and dealings.

Several actions have raised concerns about Facebook antitrust behaviors lately. For one, Facebook allegedly made special deals with some companies that grant privileged data access. This may have included Russian Internet giant Mail.ru among other notable companies. In addition, the Facebook acquisitions of Instagram and WhatsApp could have anti-competitive efforts to squash market dynamics and innovation. These are the key areas the House Judiciary Subcommittee were evaluating.

Routine Business or Facebook Antitrust Behavior? 

From Facebook’s perspective, it believes the company has done nothing wrong. Facebook acquisitions involving Instagram and WhatsApp are part of it enhancing existing tech products rather than suppressing competition. But politicians like Senator Elizabeth Warren see things differently. In addition to consolidating user data, these types of Facebook acquisitions leverage power against threats. And ultimately, this is what negatively affects open competition and innovation. It’s the same thing for Google, that owns Waze, Nest and Double-Click. Likewise, Amazon’s ownership of Whole Foods and Zappos suggests similar anti-competitive behaviors.

The issue is not simply size and market dominance but on the utilization of these assets a marketplace. Apple’s dominance in the tablet market in 2011 wasn’t a result of antitrust behaviors. Its product was simply highly desirable and popular. The same can be said of AOL in the 1990s. But Facebook antitrust concerns, as well as those of Google, Amazon and Apple today, are different. The advantages recent Facebook acquisitions and deals have allowed the company seem less routine and specifically unfair.

Solving the Big Tech Antitrust Dilemma

If the House Judiciary panel believes Facebook antitrust behaviors exist, the company could be looking at more fines. But many believe more needs to be done to deter companies like Facebook from taking unfair advantage of their position. Specifically, regulatory oversight is being encouraged in this regard. This would not only include a break-up of existing mergers and acquisitions with antitrust implications. But it would also include an oversight body to implement data, privacy, and anti-competitive protections when needed.

Facebook, on the other hand, is trying to avoid such setbacks. The company is already back-ending data between Facebook, Instagram, and WhatsApp. Thus, any eventual antitrust policies may no longer have a specific issue to target by the time they’re created. This is why some are advocating for regulatory changes and oversight of the industry over retrospective efforts of correction.  The speed of the Big Tech market evolution makes it difficult for policies to keep pace. And therefore, anticipatory strategies offer a better approach to addressing these concerns.

Facebook Antitrust Problems Are Just One of Many

The $5 billion settlement against Facebook is likely to be the first pushback against the company with more to come. The Federal Trade Commission has formed a task force with the Justice Department to evaluate all past and future Facebook acquisitions. Likewise, Facebook faces inquiries from the SEC, EU regulators, and the Department of Housing and Urban Development for various infractions. And it may need to address potential criminal investigations over some of its data deals previously made.

It would appear that Facebook’s legal department will be rather busy in the coming months. But among these issues, Facebook antitrust investigations have the greatest potential for change for the company. Given its massive revenues, additional fines are unlikely to evoke a change of heart. But regulatory oversight and policy change for Big Tech industries certainly could. The jury is still out as to whether Facebook acquisitions and deals support anti-competitive practices. But Facebook is likely quite interested (and anxious) about how all of this will play out.

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