Around the world, the so-called regulators are undertaking
studies or surveys to help further enlighten their knowledge about cryptos, before they
adopt the right regulatory approach and tools. There is an apparent rush to
establish bodies to oversee the crypto market even before sufficient numbers
have adopted this innovation.
In fact, regulation might seem inevitable for some classes
of cryptos, its simply a matter of time. For example, the Initial Coin Offerings (ICO), have attracted
mixed reviews ever since start-ups began issuing these tokens. There is a high
probability that ICOs process will fall under the purview of hostile regulatory
institutions if current efforts anything to go by.
In an ICO, a start up creates a certain amount of a digital
token and sells it to the public, usually in exchange for other crypto-currencies
such as Bitcoin or ether. Interested members of the public might want to
acquire such tokens because they may have an inherent benefit – it grants the
holder access to a service, a say in an outcome or a share in the project’s
earnings.
It is almost similar to an Initial Public Offering (IPO) by which
a company lists on a stock exchange for the first time and offers its stock to
the public.
ICOs mixed fortunes
ICOs have enabled a number of start-ups to successfully fund
the launch of new and better solutions. However, other ICOs have not been so
successful resulting in token holders losing value. This is has helped to feed
a very negative narrative of not only ICOs, but cryptos in general. There is no
doubt that such a narrative has given fodder to opponents cryptos.
It makes a lot of sense for those driving specific cryptos, which are
the subject of proposed regulations, to take the leading role in the
crafting of any such regulation. That way, the crypto stakeholders will have a greater
input in the process than those less knowledgeable about cryptos. At the
moment, it appears institutions that are ‘concerned’ about the negative potential
of cryptos have seized the initiative and have even set deadlines by which
process of crafting regulation must be completed.
For instance, FCA has already offered views it gathered on ICOs
in a just released consultation paper. In it, the FCA says it observed that in
2018, there was a significant reduction in capital raised in ICOs compared to
the 2017 amount and global ICO funding was $65m in November 2018, compared to
over $823m in November 2017.
“There are a number of reasons for this fall, with
commentators identifying investor caution as a response to the large amount of
fraudulent ICOs as well as a high failure rate of new enterprises that use the
ICO process. This can also lead to ICOs missing their target collections. The
underlying volatility of cryptoassets used may also be an issue as they are
used, in many cases, for payments in ICOs,” the FCA concluded.
Naturally such an observation, which ignores the fact that
in February 2018 and
May 2018 ICOs raised over $2.5 billion and $2 billion respectively, leads to an incorrect perception of ICOs.
Bias?
In addition, it betrays
the non-bias rhetoric that is often espoused by regulatory institutions when it
comes to cryptos.
To illustrate, according
to Coindesk, an authoritative source of information about the crypto market,
the year 2018 saw a growth in ICOs market, both in value terms and in numbers when
compared to 2017.
Coindesk’s
data suggest the total of the global ICO size was just under $6 billion in 2017
and in 2018, the market had grown to over $16 billion. So unless if there is
something wrong with Coindesk’s data, then it is hard to believe that FCA has
the correct figures. FCA relied on Token
Data for its figures.
Next the FCA wants to buttress its findings about all
classes of cryptos by inviting stakeholders and players to give their thoughts.
The initial phase has already been completed and several ‘harms’ were
identified while a few advantages of cryptos were also observed.
It is very clear from the foregoing that the odds are tilted
heavily against cryptos because the process to draw up laws and regulations was
initiated and carried out by outsiders.
Crypto players should set standard
An ideal scenario would have been if players in the crypto
market organized themselves, set industry standards and a penal system that
promotes discipline and order without violating much of the core principles of
decentralized systems.
The success of decentralized systems is underlined by the resilience
and growth of the crypto market yet the threat posed by rival markets demands
some form of a unified or ‘centralized’ response. At the moment and as one
would expect from a fledgling innovation, there is limited coordination when it
comes to responding to regulatory threats.
Individuals seem to
be operating in silos while others are engaged in feuds that have nothing to do
with advancing the cause of cryptos. The market needs to put out a constant reminders about
why Blockchain technology was necessary in the first place and that no
regulatory body ever sanctioned the design of the first crypto-currency. Similarly,
crypto players should not wait for outsiders to prescribe regulation.
Perhaps this regulatory challenge underlines why more
efforts should be put in educating and informing new audiences. This is because
such efforts will potentially lead to an improvement in the pace of mass adoption.
When cryptos reach that critical mass,
then the market will not be easily bullied by rivals as is the case now.
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