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Cryptocurrency could spur significant developments in NZ property law

Cryptocurrency could spur significant developments in NZ property law

  

Bitcoin or other cryptocurrencies may be the catalyst for significant developments in New Zealand law.

The treatment of 'intangible property' is an area ripe for clarification, and cryptocurrency may well give rise to the case to test the boundaries. A Russell McVeagh publication explores the question of what legal remedies are available if bitcoins (or any valuable property rights stored on the blockchain) are stolen from the rightful owner and reviews the treatment of intangible property in various Commonwealth jurisdictions. Banking and Finance Partner Tom Hunt says, "Cutting-edge innovations in cryptocurrencies, as well as blockchain technologies, smart contracts and Robo-advice are shifting the landscape of financial services and the companies that make use of them.”

“While each promises a wealth of opportunities, these technologies also bring about new challenges in regulation and enforcement to be considered." The more obvious claims available to target a third party recipient would not work if the third party received them innocently (the so-called 'bona fide purchaser' defense). A claim in knowing receipt, a proprietary restitution claim or a claim for unjust enrichment, would probably be defeated by this defense.

One answer might be a claim in conversion.

Conversion is a tort of strict liability and may operate in circumstances where the bona fide purchaser defence does not apply. It would, therefore, be a significant expansion of the rights of recourse if the New Zealand courts extended the tort to apply to intangible property such as cryptocurrency. Litigation partner Chris Curran adds, "As the Blockchain is increasingly used to store things of value, this legal area seems likely to be tested at some point.” “We will watch with interest to see where New Zealand lands regarding the protection of property rights in this emerging and disruptive FinTech field."

Chuck Reynolds
Contributor

Alan Zibluk – Markethive Founding Member

Cryptocurrencies Help Stabilize Economies

Cryptocurrencies Help Stabilize Economies

  

Crypto Currencies

 Cryptocurrency has been a controversial solution to the economic problems several developed and developing countries are facing. Here we discuss both the risks and opportunities blockchain technologies bring.

The Bitcoin Argument

Even the “mere mention of Bitcoin evokes mixed response[s] among seasoned economists” according to NewsBTS. There are those who call Bitcoin revolutionary, while others discredit its potential, calling it a “giant pyramid scheme”. However, in places like Venezuela where people are living off a government-issued stipend that equates to about $6 per month Bitcoin has proved to be much more reliable than national banks for handling day to day transactions. According to Crypto Coin News, the Venezuelan government “suddenly, unilaterally, [and] without any apparent due process” declared 100 Venezuelan Bolivar notes (worth around two cents in October of last year) to be completely worthless in December 2016.

This problem was almost certainly compounded by the three highly variable exchange rates Venezuelans must choose from (the elite market, the common market, and the widely used black market). The end result? Even the highest denominations of the bolivar are now so

Worthless Citizens of Venezuela have taken to weighing (rather than counting) their bills.

  

“A bakery manager weighs banknotes in Caracas.”

But Venezuela isn’t the only nation facing an imminent economic crisis. According to Frisco d’Anconia, a West African native and writer for Crypto Coin News, Zimbabwe’s inflation rate was estimated at “an unimaginable 79.6 billion percent” by as early as 2008. “This was the era where Zimbabwe bank notes varied from 10 to 100 Billion Zimbabwean dollars,” d’Anconia reflects. By 2009, economic instability forced Zimbabwe to adopt the U.S. Dollar. However, without ready access to U.S. dollars, the Zimbabwean government created a strict daily withdrawal limit of just $50 per day.

Last year, the introduction of bond notes helped resolve hyperinflation somewhat but did nothing to fix the limited availability of currency. According to d’Anconia, daily withdrawal limits are still in place, and (depending on the bank) those limits could either fall even lower (to $30 a day) or banks could close their ATMs altogether (now a common practice).

  

“Zimbabweans can expect to wait 4 hours or more to process a single withdrawal.”

Remember, these aren’t the only examples of hyperinflation throughout history. If you remember seeing wheelbarrows filled with cash from the Weimar Republic following World War I, you should be able to recognize just how quickly an economic problem like this can turn into a social, global, and political disaster.

How can Cryptocurrencies Help?

Bitcoin isn’t the only cryptocurrency out there; As of today, there are over 824 unique cryptocurrencies participating in the e-commerce market. In fact, the total market cap for cryptocurrency stands at: $48,567,465,937 USD. According to Forbes, many Venezuelans are turning to Bitcoin as an alternative.

Some of the benefits of cryptocurrency they describe include:

  • Greater ability for humanitarian donation to groups and individuals using Bitcoin
  • Physical bank account no longer needed to send or receive Bitcoin
  • Government officials can’t control the value of it
  • Much smaller valuation shifts
  • Some existing infrastructure (see: Venezuelan companies exclusively accepting payment in Bitcoin & Amazon’s Bitcoin policies)

That is not to say that Bitcoin (and other cryptocurrencies) currently possess optimal economic scaffolding. As Forbes notes, cryptocurrency transaction fees can vary widely and (in the case of Bitcoin) are “far too high” to benefit developing nations. Platforms like BitSquare are free and decentralized, and there are not obvious transaction fees. However, banking fees and currency conversions will still eventually cost the buyer.

On the other hand, for some developed nations, Bitcoin is viewed as “too volatile”. However, BTC News reports that “cryptocurrency has already proven its capabilities in the African continent by making financial services accessible to the unbanked and underbanked”.

Is Cryptocurrency Dangerous for National Economies?

A number of cryptocurrency critics, including economists and government officials, are weary of a hypothetical flaw in blockchain technology (the process that dictates cryptocurrency transactions) called a “51% Attack”. There is also a worry that quantum computers will present a security danger to cryptocurrency systems, but this is also still a hypothetical.   

According to Investopedia, this attack leaves market participants open to:

“miners controlling more than 50% of the network’s mining hash rate, or computing power. The attackers would be able to prevent new transactions from gaining confirmations, allowing them to halt payments between some or all users. They would also be able to reverse transactions that were completed while they were in control of the network, meaning they could double-spend coins.”

Even though this attack is still theoretical–other similar hacks have been executed using Bitcoin in the past. As Joo Ian Wong, technology reporter for Quartz, remarks: “The history of bitcoin exchanges is Darwinian, marked by abrupt failures triggered by security breaches. If you run a big bitcoin exchange, it’s usually a question of when, not if, your defenses will be breached.” However, many cryptocurrencies have created potential workarounds to safeguard against excessive mining.

In fact, Coin Market Cap currently shows 380 cryptocurrencies that are “not minable”. Only 16 of the 824 known cryptocurrencies have been significantly mined in the past. The current market cap for cryptocurrency is $48,567,465,937 USD. Moreover, mining and cryptocurrency exchange can be difficult for most people to execute in such a complex way. They must know how to manipulate bitcoin marketplaces and currency exchanges in highly intricate ways–something the major population of a developing country would be hard pressed to find time to do.

Still, there are several possible solutions for improving global cryptocurrency security measures including:

  • Cryptocurrency brand partnership with World Bank
  • UN protections on blockchain technologies
  • Cryptocurrency brand creation for government entities

Because the World Bank works largely with poor and developing countries, what this partnership could mean is that instead of working on an individual competitive scale for currency rates, these developing countries could pool their currency values and participate in a fairer economic market.

Could Cryptocurrencies Prevent Brexit?

In addition to assisting developing nations to stabilize their currency, cryptocurrency could ease or prevent international conflicts. In 2015, Greece was scheduled to roll out 1,000 Bitcoin ATMs in an effort to relieve their ongoing financial crisis. However, that proposed rollout appears to have been either delayed or canceled altogether. Right now, there are only two Bitcoin ATMs available in all of Greece, according to Bitcoin ATM Radar.

In fact, The Guardian reports that negotiations between Athens and their creditors have come to a grinding halt. As Helena Smith reports that: The possibility of Grexit, or euro exit, has re-emerged and bond yields have soared. The yield on two-year Greek government bonds has risen from 6% to 10% in less than two weeks as spooked investors have dumped their holdings. And the shrill rhetoric last seen at the height of the crisis in 2015 has returned.

“Farmers and police clash in Thessaloniki in a protest against planned tax rises.”

As in the case of Zimbabwe, Argentina, and Venezuela, Greece could potentially pull itself back from the brink of disaster by incorporating cryptocurrency into their economy. Since negotiations are at a standstill, working with the World Bank & the United Nations to set guidelines on the usage of cryptocurrencies could very well spell a fresh start for Greece’s the Grecians’ turbulent economic and social climate.

Chuck Reynolds
Contributor

Alan Zibluk – Markethive Founding Member

Bitcoin Price Calm Before the Storm?

Bitcoin Price Calm Before the Storm?

Bitcoin Storm

After a 2 month rally leading to all time high prices, Bitcoin has finally reached an equilibrium. The price has been bouncing between $1500 and $1600 since Friday, and as Monday came along it seems that the market is still unsure of its next move. Some of the pullbacks may be attributed to Ripple’s exceptional rise in the past couple days as its market cap reached $8.3 billion – almost as big as its closest competitor Ethereum. No one is sure why Ripple’s price has more than tripled in the past week rising from a price of $0.05 to more than $0.22. Kiritoflash 

Reddit claimed:

Well, over $4,000,000,000 (Four-Billion Dollars) was put into Ripple in the past week [] That is a lot of money to invest.

Furthermore, there are rumors on bitcoin talk speculating that the Ripple team is looking to lock down a huge amount of coins for as much as a decade:

“Rumors are dense about Ripple releasing an extensive lock-up agreement spanning a whole decade and more”

 

Supposedly, the team will reveal more info at the upcoming Consensus event hosted by Coindesk. The combination of this gossip along with an HODL mentality from the Ripple investors is more than likely the reason behind its astronomical rise.

How does Ripple’s rise affect Bitcoin?

While there is no direct correlation between Ripple and Bitcoin, the fact that the number three crypto more than doubled its market cap and became one-third that of Bitcoin may have made some Bitcoin investors uneasy. However, it is still impressive how resilient Bitcoin’s price has been even after the massive bull run. The current political turmoil surrounding Brexit, and the tensions between the US and North Korea has created a market for smart money looking to hedge on these events. As a result, it looks like crypto as a whole is experiencing a second wave of investments flowing into the ecosystem. We can see evidence of that if we take a look at cornmarket cap's chart of overall market capitalization:

  

We can clearly see in this chart

exponential growth in an overall market cap for all cryptocurrencies. To support that rise, we are also seeing the significant increase in trading volume to a level never seen before. Keep in mind that anybody who bought and held bitcoins in the past eight years is seeing the significant return on investment, so if you are looking to buy into crypto right now you may want to tread lightly.

What does the Future hold for Bitcoin’s price?

As discussed in our previous article, since current Bitcoin price is outside of any previous price levels it is hard to analyze the market. Users have been resorting to using Fib Retracements to predict future market action. Using the $1623 high and the $1426 low, the Fib Retracement predicts a next resistance level of $1700. According to the charts, there is also strong support at $1500 that has already been tested multiple times over the weekend. As the week progresses we will see if Bitcoin will be able to break past $1600 and test the higher resistance levels, otherwise, expect the price to stay in the $1500 until the next wave of volume comes along.

Since the amount of volume is similar from the time Bitcoin’s price rose from $1300 to $1600 to the past few days where the price has been bouncing between support and resistance, suggests that the bear and the bulls reach a stalemate and are violently trading back and forth trying to decide who will win. The price can keep on climbing astronomically or crash if the bears take the lead. The sideways trading over the past three days and the relatively high volume may be a sign that some major price action is incoming. Right now would be a good time to remind investors to never trade with more than you can afford to loose, as the consequences of a bad trade can catch up with you rather quickly.

Chuck Reynolds
Contributor

 

Alan Zibluk – Markethive Founding Member

Bitcoin Market Cap Nears $30 Billion

Bitcoin Market Cap Nears $30 Billion

Bitcoin’s market cap has increased 5x in just one year, from around $6 billion during summer 2016 to now $30 billion, following its price rise from around $450 to now trade at around $1,760 on Coinbase.

  

The latest rise began on April 25th, exactly two weeks ago, increasing from $1,257 to $1,765. What caused this sudden $500 appreciation is not very clear, but its price increase appears to be inversely correlated with a price decrease of other digital currencies. Almost all of them are down today, while bitcoin is up, suggesting traders and investors who have seen some amazing gains and all-time highs in other digital currencies might be diversifying some of their profits to bitcoin.

The market cap of all digital currencies has seemingly not increased since yesterday, even though bitcoin’s market cap has. Suggesting its price increase might be merely reshuffling. On the other hand, when other digital currencies increase, the market cap also increases. That might mean new investors are entering the space through other digital currencies and then find out about bitcoin and diversify, a potential reversal of the usual entry point being bitcoin.

That might be because, with the exception of ethereum, it is very difficult to fiat buy other digital currencies. Outside investors, therefore, interested in say ripple, will have to buy bitcoin first. Thus if they want to sell ripple because they think it is too high, they would probably be buying bitcoin at the same time. So the boom in other digital currencies appears to be lifting up bitcoin too, a currency which, although increasing in value, has done so at a far slower rate than others, such as ethereum or litecoin. That’s because bitcoin has run out of capacity. It cannot welcome new users without a corresponding increase in fees which leads to other users being priced out and thus start using other digital currencies.

Solutions have been proposed years ago, but none have been adopted so far, continuing a loss of network effects as bitcoin’s market share was nearing less than 50% yesterday, slightly recovering today due to the reshuffling. Nonetheless, overall, everything is up. The combined market cap is now $52 billion. Many digital currencies have made some stupendous gains, up 10x, 20x, often in weeks, or in the case of ripple yesterday in just one day.

Interest in this space is clearly significantly growing, with ethereum leading as far as new projects and news are concerned due to its smart contracts capabilities, its many ICOs and its testing or experimentation by many household brands. Bitcoin too is growing, perhaps due to finding a space as a stop-gap and an entry way for other digital currencies, but it’s not clear for how long that will continue considering 40,000 transactions are currently stuck in a backlog, waiting to move.

Chuck Reynolds
Contributor

Alan Zibluk – Markethive Founding Member