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Australia Cryptocurrency Law Ripple

NPP Australia Files Lawsuit Against Ripple Labs Over Potential PayID Dispute

Australian industry-wide payment platform NPP, or the New Payments Platform, is currently in the process of lodging a lawsuit against international remittance focused cryptocurrency Ripple (XRP) over a potential trademark dispute. 

The New Payments Platform, launched in February 2018, is a collaborative effort between 13 of Australia’s biggest banks and financial institutions, connecting finance platforms through new infrastructure that allows for faster, more convenient banking.

New lawsuit information filed via the New South Wales Registry in the Federal Court reveals that the NPP filed a lawsuit on August 20 in relation to a trademark dispute — potentially over Ripple’s recent launch of the “PayID” system.

While the NPP’s PayID solution is focused solely on the Australian payments ecosystem, Ripple provides banks, payment providers, corporate entities, digital asset exchanges, and everyday users to send and receive money at far lower rates than traditional banking platforms. 

NPP PayID Solution Launched First

Ripple’s PayID platform focuses on simplifying the process of sending XRP — or any cryptocurrency — in addition to various cryptocurrencies, across multiple networks. The Ripple PayID system has been active since June 18, 2020, but doesn’t predate the New Payments Platform’s PayID system, which was launched in February 2018.

Ripple’s solution is focused on connecting individuals across disparate networks, opening up closed payment systems and providing a simple solution for any business that sends or receives money. While the Ripple PayID solution is arguably broader in scope than the Australian NPP’s PayID platform, the trademark issue presents a strong position for the latter party to argue a trademark dispute.

The first hearing for the NPP Australian lawsuit is scheduled for Wednesday, August 26.

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Australia Crypto News Cryptocurrency Law Monero

Australian Crypto Exchanges Forced to Delist Privacy Coins or be Debanked

A number of Australian cryptocurrency exchanges have been warned by major Australian banks to delist access to privacy coins — cryptocurrencies that provide cryptocurrency traders, investors, and users with the ability to make truly anonymous transactions — or be debanked.

Information announced by Australian cryptocurrency exchange Swyftx via social media channels reveals that exchanges that support a variety of anonymized or privacy-focused cryptocurrency tokens are currently being pressured to delist.

Silent War Against Privacy Coins — Comply or Be Debanked 

Several other Australian cryptocurrency exchanges have recently removed access to privacy coins, with no major announcements published regarding the changes. Evidence indicates that Australian exchanges are currently being forced to delist privacy coins or suffer significant consequences. 

Alex Harper, CEO of Swyftx highlighted the importance of fraud prevention within Swyftx exchange to Crypto News, noting that the platform does not fully agree with the apparent privacy coin ban:

“While we do not fully align with the hard-line response of banning all privacy related coins, we will continue to work proactively with our partners and regulators to reduce criminal activity and advance the crypto industry in the most effective ways.”

Australian exchange operators remain tight-lipped regarding the crackdown on privacy coins. Virtually all Australia-based cryptocurrency exchanges that use either Assembly Payments or Monoova — payment automation platforms that use Cuscal banking rails — are required to comply with specific demands.

No Regulatory Basis to Support Privacy Coin Ban

Exchanges that do not comply with the crackdown by either delisting all privacy coins or removing access to Australian traders by August 31 will be debanked. 

While the Australian Government has not yet announced any official stance on privacy coins or made any movements toward a privacy coin ban, several international regulatory bodies have already done so. South Korean cryptocurrency exchange Upbit ceased trading support for several privacy coins in September 2019.

Based on statements published by Swyftx, Australian regulatory bodies and banks appear to be moving in concert to eliminate privacy coin use in Australia in line with guidance published by the international inter-government anti-money laundering guidelines targeting privacy coins in June 2019.

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Australia Crypto Exchange Cryptocurrency Law

iSignThis seeks $264mln in Damages from ASX Over Crypto-Related Trading Suspension

Aussie payments company iSignThis has announced legal action targeting the Australian Securities Exchange (ASX) over a dispute stemming from the suspension of iSignThis share trading — with the ASX pointing toward activity in the crypto market as a contributing factor to the trading halt.

iSignThis (ISX), an Australia-based fintech company that provides payment processing services for companies active in the Australian and European markets. The trading of ISX was suspended by the ASX in October 2019.

The ASX provided complex reasoning for the suspension of ISX trading, citing media speculation, the volatility of ISX share prices, and reviews into ISX company documents indicating that the company was providing services to cryptocurrency exchanges.

ASX “Damaged ISX Reputation,” No Public Crypto Link Evidence

In response, iSignThis has filed a court case against the ASX, arguing that their suspension from the stock market was unfair.

While iSignThis were previously seeking compensation worth only $27mln, they now have filed an amended statement of claim for the legal dispute opened earlier this year.

ISX is seeking compensation, attributing damages to the companies’ reputation caused by this report. iSignThis attempted to stop the report from being published – however, the ASX responded by saying that not releasing the Statement of Reasons would cause damage to its own reputation.

iSignThis Increases Damage Claims

Although the original lawsuit was seeking only $27mln in damages, iSignThis stated at the time that this sum would most likely increase if no resolution was provided. It has since increased nearly tenfold.

The CEO of ISX, John Karantzis, released a statement today concerning the reasons for the amended statement of claim.

 “Uniquely, ASX as a market operator may have misled and deceived the market that it is obligated to maintain on a fair, transparent and orderly basis, throwing doubt on its ability to manage a Tier 1 market.

“By any measure, the damages claimed and the impact of any adverse finding make this a high stakes and material case for the ASX.” 

If the courts rule in favour of iSignThis, who have vehemently denied providing services to any unregulated or fraudulent companies, the ASX will have to pay the damages requested, remove the Statement of Reasons and reinstate the trading of ISX shares.

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Australia Blockchain Cryptocurrency Law

Australia Emerges as International Leader in DeFi & Tokenization

DeFi, or decentralized finance, is currently exploding across international financial markets, promising to disrupt and potentially replace traditional centralized banking services with decentralized, peer-to-peer alternatives — and Australian startups are leading the charge.

The nascent DeFi revolution is the product of synergy between the blockchain-driven tokenization and new regulatory frameworks that have adapted to the international cryptocurrency market. 

Legislative action aimed at providing cryptocurrency and blockchain enterprises with the ability to operate within the boundaries of financial law has legitimized the use of distributed ledger technology in finance applications, opening the door to a new generation of fintech and defi enterprises.

Australian Shifts Towards DeFi-Friendly Regulatory Position

Suggestions made to the Senate Select Committee on Financial Technology and Regulatory Technology in January 2020 saw the Australian Prudential Regulation Authority (APRA) suggest relaxed accommodations for digital wallets and payment services.

Proposed APRA solutions defined earlier suggestions brought forward by the Council of Financial Regulators (CFR) — a coordinating body of Australian regulatory bodies that includes APRA, ASIC, the Reserve bank of Australia, and the Treasury.

The fundamental goal of APRA and CFR discussions on DeFi and fintech regulation is clearly-clarified responsibilities and an update of the regulatory frameworks that govern stored-value facilities in order to better support Australian digital currency wallets and services, stablecoin ecosystems, and other DeFi applications.

Aussie DeFi Platforms Ahead of the Curve

APRA is expected to present a final report on the regulatory changes that will affect the developing Australian DeFi industry by October 2020 — but that hasn’t stopped enterprising Australian decentralized finance from launching highly successful platforms in the interim. 

Sydney-based Synthetix.io is a major success in the DeFi ecosystem, operating a decentralized synthetic asset platform that provides on-chain exposure to real-world stocks, commodities, currencies, and indices. More recently, the Sydney startup has unveiled a 2020 roadmap that will see the platform scale up to a decentralized Ethereum-based decentralized exchange to directly compete with BitMEX.

ThorChain, another successful Australian DeFi startup, aims to create a decentralized liquidity network that allows anybody to instantly swap any blockchain token, as well as facilitating decentralized lending and borrowing alongside stake assets in liquidity pools. 

Other Aussie DeFi projects such as Ren and mStable are rapidly establishing Australia as an international leader in the development and launch of decentralized finance. With friendly regulatory proposals in the works, Australia is positioned to become one of the most active contributors to the DeFi revolution. 

Categories
Australia Bitcoin Crypto News Cryptocurrency Law Initial Coin Offering

Bitcoin is Back — But Will 2020 See the Australian ICO Rise from the Grave?

The crypto market appears to be poised on the cusp of a new bull run, with Bitcoin prices maintaining a steady hold over the $11,000 USD mark for several weeks running. 2017’s crypto bull run saw initial coin offerings explode internationally, with Aussie ICOs taking home hundreds of millions in startup capital. Can the Australian ICO rise again in the new regulatory ecosystem?

Late 2017 and early 2018 saw the initial coin model capture the attention of investors around the world. Startups such as Block.one generated $4 billion USD though the EOS ICO, the Telegram ICO captured $1.7 Billion, and other blockchain ventures such as Huobi, Tezos, and Filecoin generated hundreds of millions of dollars through token sales.

Australian Startups Led 2018 ICO Charge

Some of the most successful initial coin offerings of the 2018 token sale market were launched by Australian businesses. Australian stablecoin platform Havven raised $38.6 million in March 2018, while blockchain-based energy platform Power Ledger raised $34 million in an earlier 2017 offering. 

While success stories such as Power Ledger are now valued at over $44 million, other Australian blockchain ventures — such as CanYa’s unsuccessful bid toward decentralized freelance marketplaces, now boasting a market cap of just $2.5 million — were unable to ride the blockchain wave to market dominance. 

Initial coin offering funding in the first quarter of 2018 reached $6.3 billion, exceeding the total raised through token sales in the entirety of 2017. As “crypto winter” hit the digital asset market in mid-2018, however, confidence in the initial coin offering model fell as fast-moving regulators moved to place restrictions on how initial coin offerings were operated. 

Crypto Market Returns to Early 2017 Sentiment

With cryptocurrency prices now hinting toward a major breakout and decentralized finance platforms such as Chainlink demonstrating 400 percent price spikes in days, crypto market sentiment is approaching the same level of fervor witness prior to the late 2017 all-time market cap high. 

Sentiment towards the ICO model, however, hasn’t followed suit. Q1 2019 saw just $118 million raised through ICOs, with the initial coin model rendered obsolete compared to more complex token offerings such as BoltonCoin’s $68 million 2019 security token offering and BitFinex’s $1 billion initial exchange offering. The ICO model, as of December 2019, was dead.

Will the Crypto Renaissance Resurrect the ICO?

ASIC provides detailed guidance regarding the launch of initial coin offerings and digital assets in Australia, noting that from the perspective of the Australian government ICOs are now subject to both the Corporations Act 2001 and the Australian Securities and Investments Commission Act 2001 (ASIC Act).

What does this mean for blockchain crowdfunding in Australia, though?

Any blockchain venture focused on selling tokens that fall within the definition of a financial product or security require significant compliance effort, such as the requirement of an Australian Financial Services license.  A token stale that doesn’t fall under the classification of “financial product” must substantiate this conclusion to ASIC, and must perform KYC and AML compliance regardless of the nature of the token sold.

In short, the new regulatory framework that governs Australian token sales exists to protect both Australian and international investors from the possibility of ICO exit scams, which were highly prevalent during the 2018 ICO “gold rush.”

ICO Renaissance Unlikely, New Token Sale Models Take the Lead

Earlier this year, Blockchain Australia published a report in partnership with the RMIT Blockchain Innovation Hub detailing a number of recommendations for the taxation and regulation of ICOs to overcome the regulatory hurdles that currently restrict Australian ICOs from executing successful launches.  

“A company’s proceeds from the issuance of tokens in an ICO should be considered ‘not assessable’ for income tax purposes, which is equivalent to the treatment offered to companies in respect of proceeds of a capital raise.”

Ultimately, the regulatory and taxation framework created to manage the ICO boom has stifled the possibility of launching a successful initial coin offering in Australian in 2020 — but leaves the door open to a new generation of STOs, IEOs, and other novel token sale structures that comply with the new regulations in order to further decentralize traditional equity markets. 

Categories
Australia Crypto News Cryptocurrency Law

$600M Crypto Class Action Filed, Aussie Mining Billionaire Twiggy Forest Declares War on Google, Facebook

Sydney lawyer Andrew Hamilton’s $600 million class-action lawsuit targeting tech giants such as Google, Facebook, and Twitter has been filed in the Federal Court of New South Wales as Australian mining billionaire Twiggy Forrest announces a new alliance aimed at empowering the opponents of tech oligarchs. 

Hamilton, representing Sydney-based law firm JPB Liberty, announced that the cryptocurrency ad ban lawsuit was ready to file earlier this week, with the suit already capturing over $600 million USD in claims from litigants.

The suit was filed with a statement of claims exceeding 50 pages, and targets a slew of international social media platforms such as Twitter, Facebook, Google, and YouTube — mirroring legal action taken against YouTube by cryptocurrency exchange Binance. 

Twiggy Declares War on Facebook and Google

Andrew Hamilton isn’t the only Australian taking tech giants to task — Aussie mining magnate Andwrew “Twiggy” Forrest has announced the launch of a new “Global Tech Impact Network” aimed at promoting and supporting the work of the most vocal critics of Google and Facebook.

Forrest will provide $20 million in funding in order to “tackle the lawless, empower workers, and reimagine technology,” operating from some of the most prestigious universities in the world. 

Funded directly by the Forescue Metals Founder’s “Minderoo Foundation” philanthropic arm, the initiative is focused on holding both Facebook and Google accountable for their actions subsequent to a large-scale cryptocurrency scam that saw his likeness used to defraud Aussies of over $3 million in cryptocurrency.

“We need a massive uptick in education and governance to wrestle with the very real harms caused by the tech sector,”

At the time of the fraud, Forrest “reached on an executive level” to both Google and Facebook to no avail — and appears to now be taking more proactive steps by launching an international cooperative effort out of Cambridge, Oxford, New York, and Western Australian to take proactive steps to eliminate fraud.

Categories
Crypto News Cryptocurrencies Cryptocurrency Law Regulation

$300 Billion Class Action Lawsuit Against Social Media Giants “Ready to File” as Signups Draw to Close

An impending class-action lawsuit that could see international social media giants such as Facebook, Google, and Twitter sued for over $300 billion is “ready to file,” with signups for claimants closing next week.

Announced in early June 2020, the class action lawsuit is spearheaded by Andrew Hamilton, the CEO of Sydney-based legal firm JPB Liberty. The class action lawsuit is focused on holding various social media platforms accountable for cryptocurrency advertising bans executed by throughout 2018.

The suit has already captured over $600 million USD in claims — nearly $875 million AUD — with multiple litigants. The case has already been placed before a senior barrister for review, and accuses a series of social media platforms of acting in a cartel-like manner in order to collaboratively crush the developing digital currency industry in 2018.

Hamilton, in a conversation with crypto news media, stated that he is prepared to file proceedings for the case within a 48 hour period — noting that signups for claimants are scheduled to close on August 21.

“This is a very big threat to Facebook and Google strategically, because, instead of having startups that have to fundraise all the way through and end up getting bought by Facebook or Google or someone before they become a competitive threat,”

Google, Facebook Banned Crypto Ads to “Eliminate Competition”

Initial coin offerings and other digital currency based startups, according to Hamilton, are a significant threat to the status quo of the tech tech industry. Hamilton highlights the cumbersome, slow moving nature of fundraising in the tech industry, stating that ICO’s “front-loaded” the investment process, allowing tech startups to compete on equal footing with major tech companies.

The suit focuses on the “hypocrisy” of major tech platforms such as Facebook developing and launching projects such as the Libra stablecoin, while simultaneously banning all digital currency competitors. Everyone who was in the nascent web 3.0 space at the time and planning on competing with Google or Facebook, states Hamilton, was crushed.

The suit, if successful, will see 70 percent of any settlement distributed to litigants, with 30 percent directed toward the suits funders.

Categories
Australia Cryptocurrency Law Regulation

Hand Over Your Private Keys: $1.6bn Cyber Strategy To Target Australians, Crypto Holders

It’s no secret that Australians are subject to ever-increasing levels of government surveillance. New capacities introduced in the new $1.6 billion Morrison government cybersecurity push, however, could see Aussie crypto investors forced to hand over passwords to all devices — including hardware wallets.

A $1.664 billion increase in federal spending confirmed by Peter Dutton designed to identify and disrupt online criminal activity will provide the Australian Federal Police, the Australian Criminal Intelligence Commission, and the Australian Signals Directorate to, for the first time in Australian history, target Australian citizens. 

Details of the new powers provided to law enforcement organizations are not detailed in the new strategy, outlining only that the Australian government will now possess sufficient capability to defeat anonymising technology.

“Enforcement agencies (will) have appropriate legislative powers and technical capabilities to deter, disrupt and defeat the criminal exploitation of anonymising technology and the dark web”

The technical capabilities of the Australian government and Australian Signals Directorate have captured the attention free speech advocates across the country and remained a source of controversy since the mid-2019 raid of News Corp journalist Annika Smethurt’s home in 2019 over a news report suggesting the ASD was seeking the capability to spy on Australian citizens.

AFP Yet to Force Tech Companies to Give Access — Gain Backdoors into Major Platforms

Last week’s parliamentary inquiry into the actions of Australian law enforcement agencies revealed that neither ASIO or the Australian Federal Police have used new anti-encryption laws provided to them via 2018 anti-encryption legislation that allows the government to demand access to encrypted devices — with the threat of jail for non-compliance — to compel tech companies into revealing user data.

The AFP is currently able to demand backdoor access to virtually any tech platform operating in Australia — including cryptocurrency exchanges. AFP’s digital surveillance section Superintendent Robert Nelson noted that many platforms build specific backdoors that allow them to share data on-demand with Australian law enforcement.

“In other instances they’ve actually built a capability or modified parts of their system to be able to facilitate that voluntary assistance request.”

During the parliamentary hearing AFP commissioner Reece Kershaw stated that the powers provided to the AFP allowed the law enforcement agency to overcome technical challenges present in cases where the encryption of data and the use of  cryptocurrency to conceal payments made it difficult to capture evidence.

The new powers set to be provided to Australian law enforcement will further enhance the capability of the Australian Government to demand the passwords and private keys of users, regardless of how or why data is encrypted — potentially forcing cryptocurrency holders to divulge the private keys to their devices.

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Crypto News Cryptocurrencies Cryptocurrency Law

Aussie Crypto Entrepreneurs Target Google, Facebook, & Twitter with $300 Billion Class Action Lawsuit

Sydney-based legal firm JPB Liberty is preparing to sue international tech giants Google, Facebook, and Witter in a massive Australian class action lawsuit that could potentially see major platforms pay over $300 billion USD, or $436 billion AUD.

Spearheaded by Israeli-Australian lawyer Andew Hamilton, the Sydney-based legal firm — which also maintains offices in Tel Aviv — aims to take multiple social media giants to task over cryptocurrency-related advertising bans executed by the platforms in 2018.

Claimants: Crypto Advertising Bans Harm Legitimate Businesses

Crypto currency-related ads on Google, Facebook, and Twitter were banned in 2018 by all three platforms within a single month. While the bans were reversed in late 2018. Facebook maintained pre-approval for blockchain-focused ads and a review process for any advertisement regarding cryptocurrency-related services or products.

JPB Liberty’s class action lawsuit has attracted multiple litigants, accumulating over $872 million worth of claims thus far, and is currently pending funding to file subsequent to senior barrister review. The Sydney-based law firm will represent companies and individuals that claim that the sweeping bans enacted by social media platforms harmed their businesses. 

Law Firm Seeks Funding to Execute 

Cryptocurrency entrepreneurs participating in the class action lawsuit state that the low number of regulated exchanges in 2018 and the largely unregulated nature of the cryptocurrency ecosystem that lead to the sweeping bans impeded legitimate business growth. 

JPB LIberty is currently organizing funding from institutional litigation funders, investors, and venture capital sources — claimants stand to gain 70 percent of any possible settlement, while funders will capture 30 percent.

Categories
Cryptocurrencies Cryptocurrency Law Regulation

Cashless Australia: COVID-19 Pandemic Accelerates Digital Payments as Gov Prepares to Criminalize Certain Cash Payments

The COVID-19 pandemic has halved cash payments throughout Australia as health-conscious consumers shift towards digital and contactless payment options. With bank branches and ATMs set to slowly disappear, Australia is positioned to be one of the most cash-free countries in the world.

Commonwealth Bank insights indicate that Australia will be wholly cashless by 2026, ranking Australia as the 6th most cashless society in the world. A cash-free future, however, has many Australians concerned.

While a cashless economy allows for greater financial security, queuing times, more efficient taxation, and more efficient hygiene routines, opponents of the cashless revolution cite the necessity of cash transactions for the unbanked and underbanked.

Australian Government Set to Legislate Against Cash Payments

Australia’s cashless future, however, could be mandatory. Government limits on cash transactions that present the risk of prison time if violated are already in the works — in 2019, the Morrison Government proposed legislative changes that would criminalize cash transactions in excess of $10,000.

The Currency (Restrictions on the Use of Cash) Bill 2019 is yet to be finalised, but will establish four new criminal offenses that relate to cash payments that exceed $10,000 for goods or services transacted between two individuals or parties.

Notably, these offenses will apply to anybody regardless of their awareness of the new legislation, should it pass, with a maximum penalty of two years in prison and or a $25,200 fine. The core premise of the bill focuses on eliminating the “black” economy, minimizing money laundering, bribery, terrorist financing, and tax evasion. 

Introducing legislation that criminalizes cash transactions over a certain amount, however, is likely to accelerate the adoption and use of cryptocurrency. The Restrictions on the Use of Cash Bill specifically refers to cryptocurrency, stating:

Crypto-currencies and other digital currencies are generally unregulated and often do not create clear records of transactions in a form that can easily be used to identify the parties to a transaction.

Cryptocurrencies a Dark Horse in the Race Towards Cashlessness

The Treasury’s Black Economy Task Force is aware of the virtually untraceable nature of cryptocurrency transactions not associated with a crypto-to-fiat bridge, noting that some non-cash payment methods, including the many cryptocurrencies which are being traded, are just as anonymous as cash. 

With the COVID-19 pandemic accelerating the use of digital fiat payments and significantly contributing to the adoption and use of cryptocurrency payments, Australia is indeed transforming into a cashless society. 

Whether or not the new digital payment platforms used by everyday Australians in our cashless future will resemble centralized fiat currency or decentralized cryptocurrency virtually immune to legislative control, however, remains to be seen.