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An act to amend Financial and Corporations Codes relating to digital currency

leginfo.legislature.ca.gov

11–20 of 61 posts

Re: An act to amend Financial and Corporations Codes relating to digital currency

#11
post #3

So what constitutes a digital currency? I mean, I've heard arguments that BTC is really an asset being traded. Didn't see that Also: looks like proposed fee has been increased to $5000 from $500 (didn't look for other details). Amusing that legalese is essentially similar to code, but without variable declarations (ie, $digitalcurrency := "currency that's traded online, including but not restricted to BTC, etc") it's…

From the proposed law:

“Digital currency” means any digital representation of value that can be digitally traded and is used to facilitate the sale, purchase, and exchange of goods, services, or other digital representations of value among its users. Digital currency does not include fiat currency, e-money, or currency value of which was fixed by its issuer to the value of a fiat currency.

Re: An act to amend Financial and Corporations Codes relating to digital currency

#12
Some meat from page 30 about the definition of "digital currency business" for the purposes of this act...

(d) “Digital currency business” means the business of offering or providing the service of storing, transmitting, exchanging, or issuing digital currency. “Digital currency business” does not include the following:

(1) Transmission of digital currency where the transaction is undertaken for non financial purposes and does not involve the transfer of more than a nominal amount of digital currency necessary to complete the transaction.

(2) Online games or gaming platforms that use digital currency that (A) have no market or application outside of those games or gaming platforms, (B) cannot be converted into, or redeemed for, fiat currency or digital currency, and (C) are not redeemable for real-world goods, services, discounts, or purchases.

(3) Customer affinity or rewards programs that use digital currency that can be redeemed for goods, services, or for purchases with the issuer or other designated merchants, but cannot be converted into, or redeemed for, fiat currency or digital currency that is not part of the customer af nity or rewards program.

(4) Issuance of a credit card voucher, letter of credit, or any value that is redeemable only by the issuer for goods and services provided by the issuer or its affiliate, except to the extent required by applicable law to be redeemable in cash for its cash value.

(5) A person or entity developing, distributing, or servicing digital currency network software.

(6) A person or entity contributing software, connectivity, or computing power to a digital currency network.

(7) A person or entity providing data storage or cybersecurity services for an enrolled digital currency business, if the data storage or cybersecurity services do not store digital currency.

Re: An act to amend Financial and Corporations Codes relating to digital currency

#14

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml... I believe this is a better link to the same editing, its atleast easier to parse the changes and it has colours!!

Thanks, we updated the link from http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_1301-1350/ab....

Re: An act to amend Financial and Corporations Codes relating to digital currency

#17
For context on the California Money Transmission Act, on which this bill is based, see:

http://www.thinkcomputer.com/20140214.cfpbcomment.pdf

OCC has recently expressed interest in regulating financial technology startups at the federal level. So far I'm not aware of any bill in Congress that would actually facilitate their doing so, however. But it's about time.

Until then, here's the "Commissioner of Business Oversight"...

http://www.janlynnowen.com

...and her perjuring deputy...

http://www.robvenchiarutti.com

Re: An act to amend Financial and Corporations Codes relating to digital currency

#18

Some meat from page 30 about the definition of "digital currency business" for the purposes of this act... (d) “Digital currency business” means the business of offering or providing the service of storing, transmitting, exchanging, or issuing digital currency. “Digital currency business” does not include the following: (1) Transmission of digital currency where the transaction is undertaken for non financial purpose…

For my part, the wording in #1 looks especially flimsy.

What the hell does "nominal" mean? Is "nominal" measured against some absolute dollar value, or against the scope of the task/services rendered? It's not hard to imagine some massive smart contract transactions that would require a lot of resources to perform, but which wouldn't otherwise have any financial purpose. Would those be deemed too costly, not nominally cheap enough, for this act?

I also wonder about the meaning of "non financial" here. What would this mean for a coin like ETH? ETH does not aspire to be anything more than grease for the Ethereum network. Nonetheless, it's now traded on exchanges for BTC, USD, etc. Does its rising value in trade mark it as "financial" for the purposes of this act, in every ETH transaction on the Ethereum network, even though it's not directly intended for financial purposes?

Re: An act to amend Financial and Corporations Codes relating to digital currency

#19

Some meat from page 30 about the definition of "digital currency business" for the purposes of this act... (d) “Digital currency business” means the business of offering or providing the service of storing, transmitting, exchanging, or issuing digital currency. “Digital currency business” does not include the following: (1) Transmission of digital currency where the transaction is undertaken for non financial purpose…

For my part, the wording in #1 looks especially flimsy. What the hell does "nominal" mean? Is "nominal" measured against some absolute dollar value, or against the scope of the task/services rendered? It's not hard to imagine some massive smart contract transactions that would require a lot of resources to perform, but which wouldn't otherwise have any financial purpose. Would those be deemed too costly, not nominall…

It's vague on purpose, as vagueness gives the appointed bureaucrats more power in their rule-making processes. Strict, detailed laws don't give them any extra leeway to make rules that favor rent-seekers and friends.

Re: An act to amend Financial and Corporations Codes relating to digital currency

#20
post #16

Whether it's this bill or not, this kind of legislation is inevitable, isn't it?

The last version was much less restrictive. Regulation is certainly inevitable, but stifling regulation is something we can fight against.
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