Isle of Man Goes Crypto-Crazy

I'm indebted to my colleagues in the Isle of Man for pointing me to the IoM's recent Designated Businesses (Registration and Oversight Act 2015, which imposes various registration and anti-money laundering requirements on distributed ledger technology. Do we have a poster-child for how regulation of new technology can go way too far?

The IoM compliance obligations are aimed at: 

"the business of issuing, transmitting, transferring, providing safe custody or storage of, administering, managing, lending, buying, selling, exchanging or otherwise trading or intermediating convertible virtual currencies, including crypto-currencies or similar concepts where the concept is accepted by persons as a means of payment for goods or services, a unit of account, a store of value or a commodity;"

This seems likely to be counter-productive, to say the least, given that the 'currency' aspect of distributed ledgers is often merely there to reward the 'miner' or processor of transactions or events that occur on the ledger, regardless of whether those events are themselves financial in nature - financial services being merely one of many different potential applications.

So, should every business on the IoM that uses, or might wish to use, distributed ledgers register with the authorities and introduce AML controls on everyone it deals with, just in case? Maybe so...

Two specific points to make:

1. ‘convertible virtual currencies’ are defined more broadly than one would expect:

“including crypto-currencies or similar concepts [neither term being defined, except by what follows…] where the concept is accepted by persons as a means of payment for goods or services, a unit of account, a store of value or a commodity”, 

Most definitions of a ‘currency’ require all these criteria to be met, not just any one of them. Imagine what would happen to the US Dollar, for example, if suddenly it was not accepted as meeting just one of the above criteria...  Indeed, for this reason many people disagree that Bitcoin - the most widely used form of 'crypto-currency' - is still nothing more than a commodity.

In addition, none of the typical exemptions under payment services regulations seem to be imported here. To take but one relevant example: consumer loyalty/rewards programmes are typically exempt on the basis that the rewards are only accepted as a means of payment within a 'limited network'. Do the local authorities really want every business participating in a loyalty scheme on the Isle of Man to register and apply AML controls just because the scheme involves distributed ledger technology? Maybe so...

2.  Similarly, the list of activities that trigger the relevant compliance obligations would seem to cover a vast array of potential services and their providers/users - recognising that these are distributed ledgers to which all computers running the protocol have the same access. Again, just think of consumer loyalty programmes as you go through the list:

the business of issuing, transmitting, transferring, providing safe custody or storage of, administering, managing, lending, buying, selling, exchanging or otherwise trading or intermediating...

Even payment services regulation, for instance, exempts technology services that support transactions without the service provider handling funds. And the whole point of the ledger is that no intermediary is actually handling funds - its all happening peer-to-peer amongst machines - indeed perhaps everyone's device is handling the funds. Furthermore, there will be instances where access to a distributed ledger is just one element of a wider system - as in the car-rental example, or tracking shipping containers - and it may not be clear to everyone that a distributed ledger is involved if it's just to share the location or state of a vehicle or container.

Still, the Isle of Man's approach might at least be useful in demonstrating how regulation in this area can go too far...

Heap's Giant Leap!

Another great discussion about distributed ledgers, this time focused on the music sector, hosted by the Copyright Hub at the Digital Catapult. A quick summary of the discussion along Chatham House lines to protect the innocent.

By now it's clear that people in different sectors are encountering very similar issues that might be solved by distributed ledgers, but each sector tends to have a different set of priorities that might mean one is faster to take advantage of the technology. The fact that the first solutions have been alternative currencies tells you that proponents of distributed ledgers are not shy of a challenge. Now music is to get the same treatment with key events this Friday and Saturday night featuring the release of Imogen Heap's song "Tiny Human" into a distributed ledger for 'hackers' to attempt to spoil the party, followed by a live Saturday night post mortem on what could be improved. No doubt future events will try to perfect the process.

Why music? 

The problems in the music industry (and most other segments of the entertainment market) are pretty well-rehearsed, with just about every stakeholder group (except the consumers, these days) split over whether digital technology is helping all the participants strike the right bargain or robbing them blind. The revenue flows (or lack of them) have been the subject of constant disruption from internet technology, with the advent of P2P file-sharing via Kazaa in 2001 and rewards-based crowdfunding through Artistshare in 2003.

But bigger obstacles to reaching a better settlement for all concerned lie in the notorious lack of data about who really created and/or worked on various tracks and albums; or even about what's really in many 'back catalogues'. Then there's the secrecy surrounding licensing/royalty deals and the snail's pace of royalty collection/distribution - not to mention who sampled what; whether a performance and related video was a private family affair or an attempt to build a public-facing YouTube channel; hacking digital rights management software; and file-sharing. 

A lot of these issues go away if you just focus on creating and dealing with new music in a more efficient way. And few of these issues are exclusive to music itself. They relate to any item whose status changes a lot and where a multitude of different parties are affected but find it hard to get all their systems and processes to talk to one another. 

So this seems another case for getting everyone's machines to share a single view of a marketplace that avoids 'capture' by any single intermediary. In fact, the 'ledger' they all share becomes that intermediary. In that case, all the participants' machines running the same ledger protocol would be able to see and agree who created which music in its myriad iterations and remixes; who has the various types of rights to exploit or consume the various versions; who owes what to whom; and even make payments in the ledger currency.

Will it work? There's only one way to find out - hence Imogen's giant leap on Friday night.

I reckon it'll be all the rage this Christmas ;-)

1001 Use Cases For Distributed Ledger Technology...

Virtual currencies are so last year. This year is about all the other uses for the underlying technology - the blockchain and other distributed ledgers.  

The number of use-cases is starting to snowball with every discussion about scenarios in which a certain item is dealt with many times by many parties. That's because it will be more efficient and cost-effective for the item to be represented by a 'hash' in the ledger, and each transaction related to that item to be 'hashed' so they are available to any computer running the same language/protocol, rather than dealing with that using 'old' technology. Even though the ledger is openly accessible to everyone's machine, confidentiality can be guaranteed using encryption, so that only those computers with the right private key could unlock the hash and see the details.

Here are a few of the ideas, some of which are definitely being kicked around and most of which involve smart contracts, e.g.:

• car rental;

• identification tools - multi-factor authentication - e.g. checking validity of a drivers licence (hat tip to Alex Batlin)

• issuing/trading shares, bonds and other financial instruments;

• freight, transport, logistics - e.g. booking space in shipping containers, long-haul trucks and aircraft, and keeping track of the delivery items themselves;

• tracking, controlling autonomous vehicles/devices;

• switching to the best tariff minute to minute for services related to cars, homes, devices like insurance, gas, electricity, phone contracts;

• renting hotel rooms, accommodation;

• tracking and paying royalties for music, films etc;

• something I'm working on that it's not my place to disclose;

and on, and on.

In other words, distributed ledgers as a platform will have the same horizontal impact as the Internet,  mobile networks and the smartphone. The ledgers won't necessarily replace any of that, but will be an important layer, enabling all sorts of applications and devices to 'run' off the recorded transactions and related events.

Worth giving is some thought - just keep a good old fashioned pen and paper handy to jot down the flow of ideas ;-)

Dirty Data

Westiminster recently feigned shock and horror that the UK's coppers cook the crime figures. But Simon Jenkins says we've known for years that the numbers are meaningless and they should be banned as "they spread confusion and fear".

But 'plod' is not alone in mis-classifying, mis-recording, ignoring or otherwise presenting data in a way that suits himself. We've had many financial trading scandals where banks apparently had no idea of the exposures they faced, either because transactions were concealed or perhaps no one was looking hard enough - the global financial crisis was a function of poor due diligence.

A possible root cause of the problem is that humans are involved too early in the data collection and reporting processes. Rarely are we responding to the 'raw' data, as opposed to figures that have been 'gathered' and 'rolled up' through a series of other people's filters, manipulations and interpretations (which are often taken out of context). It's puzzling why regulators' systems don't receive a feed of the actual trades straight from bank trading desks - or from peer-to-peer lending or crowdfunding platforms - rather than relying on periodic reporting of summary data.

Maybe GCHQ can help...

At any rate, we should focus more on 'clean' mechanisms for capturing and presenting raw data rather than someone else's interpretation of it.

Image from TraceyNolte.