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Key points of NFT supervision and overseas policies

2022-06-23 22:49:0701 blockchain

at present ,NFT( General Certificate of heterogeneity ) In terms of supervision, it is still in its infancy .NFT As a product of the application of new technologies such as blockchain , It is difficult to qualitative and regulatory under the existing legal framework . contrary , It is related to art 、 goods 、 Financial products, cryptocurrencies and other products have some related characteristics , This poses a challenge to regulation . Supervision will not be late , It's just not time . With NFT The market is growing , And related NFT The emergence of the case ,NFT There are several major directions for regulation .

Besides , And NFT Relevant policies and regulations also show regional differences . One side , stay NFT Countries and regions with active markets , Yes NFT There is also an urgent need for compliance supervision . On the other hand ,NFT In the metauniverse and Web3.0 Under the framework is an important link , And for Japan and South Korea and other countries that incorporate it into their development strategies , Explore NFT Relevant policies and guidelines are also more important .

One 、NFT Key points of Supervision

at present ,NFT There are many key points and difficulties in supervision . firstly ,NFT As a bearing form of digital assets , There is a dispute over ownership and licensing , And bring about problems such as intellectual property . second ,NFT There are different regulatory requirements under different qualitative conditions , For example, when it is regarded as a security, it will face compliance regulation from the financial industry . third ,NFT It also faces risks related to cryptocurrencies , For example, anti money laundering and insider trading .

The above regulatory difficulties are also the current difficulties for NFT Several main directions of supervision .

( One ) Ownership and license

The ownership and license rights are NFT The threshold problem . Smart contracts can write a variety of rules , If only the ownership is written , Or write copyright , This means that the owner will have the non-commercial rights given to the individual , Even broad commercialization rights .

  • about CryptoPunks( Encrypted punk ), Just like the traditional way of buying art , The buyer did not get the NFT Copyright . This means that the owner can show his collection to his friends , But it is not possible to sell clothes and cups printed with the collection .

  • about Bored ApeYacht Club( Boring ape ),NFT The owner has a broader license . for example NFT Art collectors Jimmy McNelis Selected after cooperating with universal music 4 A band of boring apes KINGSHIP, Artist Dan · Rolman created a comedy for his characters with his boring apes .

No matter what NFT What rights are carried on the , License treaties should accurately describe the corresponding rights . The Seller shall accurately communicate to the buyer the rights it grants to the buyer , Positive acceptance of a valid contract by the buyer is also important . Buyer's inaccurate perception of the terms , And the seller's malicious marketing may lead to legal claims .

( Two ) intellectual property right

NFT In the process of distribution and circulation, it faces the risk of intellectual property litigation . Judging from the casting , Will not have a valid license for content , Such as art 、 Music or IP And other digital assets NFT, Will face third-party intellectual property rights that bear infringement liability . In the course of circulation , The owner does not have the right to grant the token buyer the right to NFT Rights not in . For platforms , Sale or display of digital assets containing third-party copyrights or trademarks , These exchanges or platforms may also face intellectual property litigation .

  • 5 month 18 Daily news , American actors SethGreen Fishing attack , Cause 4 individual BAYC Series of NFT Stolen . among , be known as BAYC #8398 Of NFT To be resold , The NFT Is being used to advance a project called WhiteHorse Tavern 's TV show , Attached to this NFT The commercial use right of the above has also been transferred to the new owner . After failing to appeal to the person in charge of the theft ,Green Only with 165ETH(260,000 dollar ) Buy back NFT To recover their legal rights .

( 3、 ... and ) Financial risk

NFT The financialization of has brought about problems in financial supervision . Generally speaking , Represents only a single unique asset and has a single ownership NFT Not securities , And when NFT Involving financing , Or show strong liquidity , It may be judged as a security , And subject to the securities law . at present ,NFT Securities laws are more likely to be involved in the following situations :

Assemble NFT To share revenue , Or split NFT, So that multiple investors have NFT Part ownership of .

NFT Represents the license to use digital assets such as songs , Or share of asset income , Such as percentage of sales .

NFT Represents digital assets pre sold for use on platforms that have not yet been built , And the sales proceeds are used to build the platform .

  • 2021 year 10 month 8 Japan , Virtual stock NFT market Visionrare Announce on the official website that the public beta is closed , And return to the previous users VisionShares Capital of . It is reported that ,Visionrare Is a virtual stock NFT market , Users can bid for hundreds of different startups at auctions NFT Stocks (VisionShares), And compete for the best performing virtual portfolio . When Visionrare Open public beta , because “ Underestimated the complexity of the law ”, It may involve securities law , The public beta has been suspended , And later changed to a free investment game .

( Four ) Anti money laundering

The U.S. Treasury released 《 Research on money laundering and terrorist financing through art transactions 》 The report , take NFT Classified as an emerging online art market , And pointed out that the market may bring new risks . Including money laundering risk in the field of digital art .

According to the report ,NFT It can be used for self money laundering . Criminals can use illegal funds to buy NFT And trade with yourself , To create sales records on the blockchain ; then ,NFT Will be sold to an unwitting individual , Criminals will benefit from the latter's clean funds that have nothing to do with crime .

  • According to the analysis platform Chainalysis analysis , stay 262 Suspected habitual wash and sell trader ( Sell to self financing address NFT exceed 25 Time ) in ,110 In total, the profit-making wash and sell traders gained nearly... From this activity 890 Ten thousand dollars in profits , What's worse is , this 890 Million dollars is likely to come from selling to unsuspecting buyers .

( 5、 ... and ) Insider trading

Insider trading is one of the most common fraud methods for illegal traders to gain profits . Through important non-public information , Traders can buy or sell assets in advance to gain profits . stay NFT On the issuance and trading platform ,NFT Pre sale allocations and related information need to be handled with caution , otherwise , Insider trading will improperly manipulate NFT Price and trading volume . at present , maximal NFT Trading market Opensea Insider trading has been exposed .

  • 2022 year 6 month ,OpenSea My former product manager Nate Chastain Accused of insider trading . It is reported that ,Chastain Be responsible for screening those who log on to the homepage of the website NFT. Because you know in advance what NFT Will appear on the website , It has purchased a batch in advance and is about to board OpenSea The home page NFT, Later on NFT On the OpenSea After the home page ,Chastain And sell it at two to three times the original purchase price . stay 2021 year 6 Month to 2021 year 9 During the month ,Chastain Using confidential information to buy dozens of NFT, And accused of telecommunications fraud and money laundering .

thereafter , The company has issued two new employee policies , Including prohibition OpenSea Team members buy and sell when the company introduces or promotes collections or creators , And prohibit employees “ Use confidential information to buy or sell any NFT Content , Whether it's in or not OpenSea On the platform ”. Legal sources say , These actions may lead to further scrutiny of the industry .

Two 、 overseas NFT policy

From the global NFT In terms of regulatory performance , It's still in the exploratory stage . among ,NFT The similarities with cryptocurrency in decentralization and other aspects make it face anti money laundering and financial related control from various countries , Compliance is the main direction of the current policy . Besides , Countries have also begun to protect intellectual property rights in their policies 、 Tax considerations .

Regionally speaking , Europe and America , Especially in America , yes NFT Areas with the most active related industries , Also in NFT One of the leading regions in terms of qualitative and compliance . Besides , South Korea and Japan will develop metauniverse one after another 、Web3.0 And other industries have been incorporated into the national development policy , So in NFT There is also some exploration in the policy development direction of .

( One ) European and American countries

2021 year 10 month 28 Japan , The global anti money laundering agency financial action task force (FATF) Released the latest guidelines for companies dealing with cryptocurrencies and virtual assets , And will DeFi、NFT and DAO And other new areas into its framework . according to FATF The latest guide to ,NFT Not interchangeable , It's unique , And used as a collectible , Not as a means of payment or investment vehicle . However , If NFT Be used for “ The purpose of investment ”,NFT Will become the regulatory object of this guide .

With the enforcement of encryption, the crackdown on extortion software has been strengthened ,NFT Compliance needs to be strengthened to avoid the impact of sanctions .2021 year 10 month 15 Japan , Office of foreign assets control, U.S. Treasury Department (OFAC) Released customized guidelines for the cryptocurrency industry , It highlights the sanctions compliance requirements , And then OFAC 's compliance expectations provide industry specific advice .11 month ,OFAC Sanctioned an exchange in Latvia Chatex, Include Chatex Related to certain specified encrypted addresses held 42 individual NFT, Value contract 531600 dollar .

The European Union 《 Encrypted asset market regulations 》 The draft (MiCA) The announcement will affect NFT Bring new compliance challenges .3 month 14 Japan , The Committee on economic and monetary affairs of the European Parliament made a decision on 《 Encrypted asset market regulations 》(MiCA) The draft was voted on . The main regulatory object this time is the stable currency , however MiCA The definition of encrypted assets is not limited to stable currency , But with decentralized ledger technology (DLT) At the core . thus ,NFT There is MiCA Possibility of being included in the scope of supervision . File name , It means “NFT The issuer must be a legal person ” Instead of decentralizing entities , It must also register with the authorities and comply with other consumer protection measures stipulated by law .

Of course , There is also support NFT The sound of .

2022 year 2 month , The New York Stock Exchange (NYSE) To the United States Patent and Trademark Office (USPTO) Application for submission , Provide online market for various digital goods , Include NFT、 Cryptocurrency 、 Digital media and art . If the exchange advances these plans , It will be associated with OpenSea and Rarible Wait for the company to compete . According to legal sources , If the application passes , The New York Stock Exchange will become a cryptocurrency and NFT The exchange of , And issue NFT The project party and NFT Itself will be managed by the New York Stock Exchange .

Tennessee lawmakers proposed allowing the state to invest in cryptocurrencies and NFT, at present , The bill was passed to the house finance subcommittee for further consideration . It is reported that , Tennessee attracts encryption companies and investors , Has become a modest Technology Center , And cryptocurrency friendly laws will help attract more businesses to the State .

( Two ) Japan and South Korea

South Korea's NFT The market is active , Its financial supervision bureau is also concerned about NFT There are risks .2022 year 2 month , Korea financial supervisory authority (FSS) It was announced that it would strengthen the supervision of NFT Monitoring of new trading assets including , Including strengthening to NFT And emerging market enterprises such as metauniverse IPO Verification of , And will develop countermeasures against the factors that cause damage to consumers in the rapidly growing digital asset market .

Korea Financial Services Commission (FSC) Will follow FATF About NFT And its regulatory guidance , namely NFT It usually does not fall within the definition of virtual assets , Will not be subject to such regulation .“ If NFT It belongs to virtual assets , They will be asked according to 《 Specific financial transaction information act 》 Reporting to comply with anti money laundering obligations .” a FSC The official explained .

2021 year 9 month , Japan's financial regulator, the financial services bureau (FSA) The policy document for , The agency will start monitoring NFT Tokens and initial exchange issues (IEO) field . Although the document does not specifically explain FSA Will be right NFTs、DeFi、CBDCs and IEO What action to take , But the facts mentioned in the document show that , by NFT These matters of establishing a regulatory framework are already on its agenda .

Except yes NFT Relevant issues , Japan and South Korea also discuss development at the policy level NFT The possibility of .

The Seoul government of South Korea has issued policies 、 Make a plan , Announced in 5 Build Seoul yuan universe platform during the year , and NFT As an important part of the metauniverse, it is also concerned . at present , South Korea may introduce its first NFT Regulatory rules .2022 year 4 month 12 Japan , The South Korean government will prepare a NFT Copyright policy , To solve the problem of “ false NFT” The problem of . at present , The Ministry of culture, sports and tourism of Korea has released “ Meta universe 、NFT Research services related to copyright issues ” Tender announcement for , And is preparing to select relevant research companies and formal signing procedures .

2022 year 1 month 28 Japan , The ruling party of Japan was founded NFT Policy review project team , To integrate the blockchain and NFT Relevant businesses are included in the government's growth strategy . According to the white paper published by the members of the working group , Japan must “ Push Web3.0 Innovation of the times ”, In the process , The government must NFT The Department is regarded as “ New growth engine ”.

( 3、 ... and ) Other overseas regions

Members of the lower house of Russia submitted a report to the State Duma on NFT A bill incorporated into legislation .2022 year 6 month , The bill submitted is intended to pass NFT Introduction of the term "civil code of the Russian Federation" . The author of the draft said ,“ The rights of those who have non homogenous tokens need to be protected , At present, the Russians are dealing with NFT At your own risk .”

2022 year 2 month , The Indian Ministry of Finance announced the country's budget , The disclosure will be in the form of 30% Tax rates on digital assets . According to the budget ,“ For the purposes of this clause ,‘ There is no substitute for tokens ’ It refers to the digital assets designated by the central government through the official gazette .” It means , The government of India will have the right to designate or certify NFT, And tax it .

The Abu Dhabi free zone is NFT Ask for advice on the rules .2022 year 3 The month begins to solicit , Abu Dhabi global market (ADGM) The Financial Services Authority (FSRA) at present “ Not proposed as NFT Establish a formal regulatory framework ”.FSRA Executive director of marketing Simon O'Brien Express , According to the draft proposal , Access to services such as trading and custody ADGM Licensed and regulated companies will also be able to provide NFT Provide these services .

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