This article discusses the concept of cryptocurrency, major cryptocurrencies, and why many governments are banning them. It also covers the architecture of blockchain, legality issues, factors affecting the market, and recommendations. The subject, course code, course name, and university are not mentioned.
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Running head:THE RISE OF CRYPTO CURRENCIES AND LEGAL ISSUE The Rise of Crypto Currencies and Legal Issue Name of the Student Name of the University Author’s Note
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1THE RISE OF CRYPTO CURRENCIES AND LEGAL ISSUE Table of Contents Introduction............................................................................................2 Discussions.............................................................................................2 Overview.............................................................................................2 Architecture........................................................................................3 Legality...............................................................................................4 Factors affecting market of crypto currencies........................................6 Recommendation:..................................................................................7 Conclusion:.............................................................................................8 References.............................................................................................9
2THE RISE OF CRYPTO CURRENCIES AND LEGAL ISSUE Introduction The Cryptocurrency can be explained as the form of digital currencies which uses the encryption techniques for the purpose of security and the in order to regulate the generation of the currency and the transfer them to funds in a verified manner in anindependent manner that is without using any central banking system of any country in the world(Sovbetov, 2018). In other world it can also be called as a controversial form of digital currency or digital asset which uses strong Cryptocurrency for securing and transferring thefunds.TheCryptocurrencyusesthetechniqueofthedecentralised techniques in oppose to the standard centralised technique which is used commonly by the banks. The decentralised techniques works well though the distributed ledger technique, and uses the concept of the block chain. One of the most common and most used Cryptocurrency is the BITCOIN(Drozd, Lazur&Serbin,2018).AlthoughtheCryptocurrencyaretakingoverthe marketofthe hard cashbut many ofthe governmentsofcountriesare banning them. This is due to the factor that the transaction that are made though they are hard to them. This paper will discuss about the concept of the cryptocurrency, some of the major Cryptocurrency in the world and why many of the governments are banning them and some are accepting them. Discussions Overview The concept of the Cryptocurrency is not new to the world. It concept first emerged in the year of 1983 when an American cryptographer DavidChaumconceivedaanonymouselectroniccashcalledecashand named it as Cryptocurrency. Later by the year of the 1995, developed the system furthermoreand implemented tough dig cash(Chohan, 2018). In order to access the digicash the user would need to have a specific software in order to withdraw money (notes), through an encrypted system from the
3THE RISE OF CRYPTO CURRENCIES AND LEGAL ISSUE bank. The method was such that nether the bank nor the government would be able to trace it down and transferred the money to third party. Like this after the year of the 1996 many of the other cryptographer tried to utilize anddiscoveredmanyofthemoreCryptocurrency.Someofthemajor changes came in the concept by the year of the 2010. In the year of the 2014 the UK announced a to start looking for to study the concept of the Cryptocurrency and what role it will play in the upcoming economy of the systems(Poplavskiy, 2016). The study by the UK government also wanted to study the impact on whether the government would consider the regulation of the bit coin or not. Architecture In the recent times the entire concept of the Cryptocurrency runs on the technology of the blockchain. In order to understand the regulation of the Cryptocurrency, one first needs to understand the concept of the blockchain. Theblockchaincanbecalledasacontinuousgrowinglistofrecordsor blocks which are inter linked and are secured by the cryptography systems. Each of the blocks in the block chain system is is typically connected to its previous block, and contains a unique hash pointer used for identifying the block, a timestamp and a transaction data details.The system is such that the block chains are resistible to the modification of the data once created (Kaminskaya, & Petrova, 2018). When there is any traction in between two parties the details of the transitions are stored in the block chain and cannot be altered or modified once done, this technique is known as the ledger. Once the transactionisdone, there is no way alter withoutalteringthe subsequentblocks.Blockchainsaresome ofthe mostsecuredwayof storingdetailsandallthedataintheblockchainareencrypted.The cryptography uses this technique for the securing the transitions between two parties and no one party can change or alter the transaction without notifying the previous block. The concept of the time stamping helps by reducing the need of any third party or trusted party like the banks.
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4THE RISE OF CRYPTO CURRENCIES AND LEGAL ISSUE Legality: As per many of the governments the official currencies of the countries aretransitedwithinlegalframework,butthecryptocurrencylacksthe fundamental regulatory frameworks that are needed for the truncations, and hence possess serious threats pertaining the liquidity of the operation of the currency(Hayes, 2017). Each of the country in the world have a very and specific set of rules and regulations for the transitions of the money whether it a local or foreign currency.It is huge question to the world whether the use of the cryptocurrency is permeable or not. The legal status of these crypto currenciesvariesfromgovernmenttogovernmentandthecountries (Savelyev, 2017).In some countries the use of these cryptocurrency are permissible for the purpose of the trade and in some these currencies are totally a crime to use.The first and fundamental issue is to set up the lawful idea of cryptographic money for the most part three strategies for legitimate directioncanberecognizedcommonlaw,manageriallaw,andcriminal law.The definition of the use of the cryptocurrency varies very differently, like in.the Russia it is legal to buy and sale of the cryptocurrency are fine butusingthemtobuygoodsotherthanRussianrubbleisillegaland punishable offence(Gandal & Halaburda, 2014). While in the china the use of the bit coin was banned. In the Irelands the Cryptocurrency are illegal to use because of the original and old laws followed. Some of the major legal issues that have come up with time are: 1: Decentralized nature: Unlike the governmental money which have specified and direct authority control, the Cryptocurrency are decentralized and cannot be controlled by any of the authorities and also cannot be traced. 2: Absence of well-defined legal framework: Many of the countries in the world lack an appropriate legal framework to control the value and flow of virtual currency. Hence creating a hurdle for the government top keep a follow up of the transaction taking place.
5THE RISE OF CRYPTO CURRENCIES AND LEGAL ISSUE 3: Volatility of the currency: The currency bit the biotins are very much fluctuating in the nature, like the cost of the bit coin was approx. $.30 in the year of the 2010 whereas the cost of the bit coin became approx. $4000 in the year of the 2014(Karlov, 2018). Hence it can be seen that the value of the currency are increasing day by day and hence it is becoming difficult for the government to keep a look and them. The increasing prices are also creating problems in the taxation systems of the countries. 4: Independent wallets:The wallets that control the cyrptocurrencyes are created and are regulated by the private organisations and hence have noregulationtocontrolthemduetothelackoftheinternationallaws (Kadyrov,&Prokhorov,2018).So,theorganisationsdoesnothaveany responsibility in case of consumer’s loss as well as any type of monetary crime committed by and through the use of these wallets. 5:Taxationsystem:Thisisoneofthemajorconcernsofthe governments for the regulation of the cryptocurrency. Many of the countries sees the Cryptocurrency as the taxation assets(Delmolinoet al., 2016). Due to the feature of the block chain and the pseudo anonymity of the currencies it can be easily hidden for the purpose of hiding them and task evasion. Loopholes present in the authorized and tax policy scheme of some countries permits an individual to apply feature of crypto currencies such as privacy and absence of or obsolete or improperly implemented systems concerning crypto currencies. 6: Money laundering:As the transaction of the cryptocurrency cannot be regulated by the countries governments if there is any case of money laundering it is nearly impossible for the government to keep up a follow for the concerning the Cryptocurrency. 7: Dark Markets:Cryptocurrency can also be jumble-sale in provocative settings in the form ofonline black arcades, such asthe famous Silk Road. Dark net markets existing encounters in respect to validity(Artemov,et al.,
6THE RISE OF CRYPTO CURRENCIES AND LEGAL ISSUE 2017). In the U.S., bit coins are considered as "computer-generated assets" or digital assests. This category of abstruse ordering lays compression on regulationenforcementorganizationstofamiliarizetotheunstabledrug trade of dark markets. Factors affecting market of crypto currencies The arcade of crypto currencies have been growingwith a prompt speed as many of multinational large organization who are known to control the economy of the worldare investing their money in crypto currencies. One of such major crypto currencies is the Bit coin, which have become one of the world’s largest virtual Cryptocurrency and have increased by 1500% by the year of 2017(Denis, 2015). Yet, the market place have been much multifaceted as in other cases.It can be said that the complexity in the use of the bit coin knowledge have not yet been understood well by any of the customers and corporations. Consequently, it can be said that there has beenverylessamountofinformationabouttheCryptocurrencyinthe market. It can also be seen that due to rising price and the complexity of the Cryptocurrencymanyofthemiddlecasefamiliesarenotshowingtheir interest in this modern day money and it have become the money of the affordable(Abelseth, 2018). Therefore it can be said that the Cryptocurrency are bought only by the big organizations and the big businesses who can afford the same. TheentiremarketoftheCryptocurrencyisbasedonsomeofthe market factors, known as the internal and the external factors. The internal factors include the supply and the demand which deals with the transaction costs and the reward systems( Choo, 2015). While the external factors can be sub divided in three different factors namely the crypto market, the micro financialmarketandthepoliticalfactors.Thesefewexternalfactors somewhat regulates the use of the Cryptocurrency in the world.
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7THE RISE OF CRYPTO CURRENCIES AND LEGAL ISSUE One of the major driving factor in this case is the political and the governmental factor. It can be understood that the use of the Cryptocurrency isbannedinsomeofthecountriesduehighrisksassociatedwiththe transaction. Some of this risks are that the there are no any fixed framework fortheregulationoftheCryptocurrency.TheCryptocurrencycannotbe traced by the governmental or the banking agencies and hence possess huge risk about the authenticity of the currency(Narayananet al., 2016). Also these coins are used for the purpose of the terrorism as the government cannot regulate it. Although some of the countries allow the use of the same seeing the advantages of the Cryptocurrency. Some of the major advantages that this government sees are that the transactions done in this system are instantlysettledandthereareverylessamountoftheftwhilethe transactionsarebeingdone.Alsothecurrencyisglobal,otherthanthe countries barring the use of it. Recommendation: IT can be said that the use of the modern day technology is a must do thing, in the recent coming years it can be said that the Cryptocurrency can take over the market of the online money or the virtual currency’s. Trades in the blockchain advancement have been an enormous threats for the money related researchers(Chuen, 2015). Hence it can be said that the country’s which bars the use of such currencies can face some of the major problems with the globalization of the nations. The researchers can truing best to find out the best possible ways to deal with the ongoing problems that are taking place with.the Cryptocurrency. Conclusion: Thus, concluding the topic, Cryptocurrency is a driven development in the arcade that is using the option of the digital currency, positioning, and dataassociationandstimulatingcontrolstructureretentionthetrue objectivetokeepthemarketrunning.Thisprogressionhashelpedin
8THE RISE OF CRYPTO CURRENCIES AND LEGAL ISSUE commencement of virtual money trade between bashes. This development has been completed in the store business starting late. The market of the blockchain has been rising wherever all through the world in light of its ability of automated trade of virtual cash.The virtual trade has no record out the database and an untouchable vendor to store the information of the get- togethers.
9THE RISE OF CRYPTO CURRENCIES AND LEGAL ISSUE References Abelseth,B.(2018).BlockchainTrackingandCannabisRegulation: Developing a permissioned blockchain network to track Canada's cannabissupplychain.DalhousieJournalofInterdisciplinary Management,14. Artemov, N. M., Arzumanova, L. L., Sitnik, A. A., & Zenin, S. S. (2017). RegulationandControlofVirtualCurrency:tobeornotto be.JournalofAdvancedResearchinLawandEconomics,8(5 (27)), 1428-1435. Chohan, U. (2018). The Narcotized Blockchain: A Potcoin Case Study. Choo, K. K. R. (2015). Cryptocurrency and virtual currency: corruption and money laundering/terrorism financing risks?. InHandbook of Digital Currency(pp. 283-307). Chuen, D. L. K. (Ed.). (2015).Handbook of digital currency: Bitcoin, innovation, financial instruments, and big data. Academic Press. Delmolino,K.,Arnett,M.,Kosba,A.,Miller,A.,&Shi,E.(2016, February). Step by step towards creating a safe smart contract: Lessons and insights from a cryptocurrency lab. InInternational Conference on Financial Cryptography and Data Security(pp. 79- 94). Springer, Berlin, Heidelberg. Denis, L. (2015). Comparative analysis of legal regulation of Bitcoin in various countries.Право и современные государства, (3). Drozd, O., Lazur, Y., & Serbin, R. (2018). THEORETICAL AND LEGAL PERSPECTIVEONCERTAINTYPESOFLEGALLIABILITYIN
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10THE RISE OF CRYPTO CURRENCIES AND LEGAL ISSUE CRYPTOCURRENCYRELATIONS.BalticJournalofEconomic Studies,3(5), 221-228. Fink, A. S. (2018).Can Cryptocurrency Be Audited to Bank Secrecy Act and Anti-Money Laundering Regulations and Normalized in the United States(Doctoral dissertation, Utica College). Gandal, N., & Halaburda, H. (2014). Competition in the cryptocurrency market. Hayes,A.S.(2017).Cryptocurrencyvalueformation:Anempirical studyleadingtoacostofproductionmodelforvaluing bitcoin.Telematics and Informatics,34(7), 1308-1321. Kadyrov, R. E., & Prokhorov, I. V. (2018). Regulating cryptocurrencies: new challenges to economic security and problems created by individualsinvolvedintheschemesoflaundering cryptocurrencies-generatedprofits.KnESocialSciences& Humanities,3(2), 383-393. Kaminskaya, T. E., & Petrova, V. A. (2018). Cryptocurrency: Financial RevolutionoraThreattotheFinancialSystem.KnESocial Sciences & Humanities,3(2), 111-117. Karlov, R. G. (2018). The Impact of New Methods of Money Laundering ontheEconomyoftheState.KnESocialSciences& Humanities,3(2), 491-500. Narayanan,A.,Bonneau,J.,Felten,E.,Miller,A.,&Goldfeder,S. (2016).BitcoinandCryptocurrencyTechnologies:A Comprehensive Introduction. Princeton University Press. Poplavskiy,O.O.(2016).Сryptocurrencyasanobjectofeconomic analysisininsurancecompanies.VìsnikŽitomirsʹkogo DeržavnogoTehnologìčnogoUnìversitetu.Ekonomìčnì Nauki,4(78), 178-184.
11THE RISE OF CRYPTO CURRENCIES AND LEGAL ISSUE Savelyev, A. (2017). Copyright in the blockchain era: Promises and challenges.Computer Law & Security Review. Sovbetov,Y.(2018).Factorsinfluencingcryptocurrencyprices: Evidence from bitcoin, ethereum, dash, litcoin, and monero.