digital currency: regulatory perspective from idfpr

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Digital Currency: A Regulatory Perspective Banking Digital Currency Seminar Cab Morris | 5 June 2017 Illinois Department of Financial and Professional Regulation 1

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Page 1: Digital Currency: Regulatory Perspective from IDFPR

Digital Currency: A Regulatory Perspective

Banking Digital Currency SeminarCab Morris | 5 June 2017

Illinois Department of Financial

and Professional Regulation

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Page 2: Digital Currency: Regulatory Perspective from IDFPR

Overview of IDFPR

Fintech, Financial Services and Blockchain in Illinois

IDFPR’s Financial Innovation Initiative

Digital Currency: Regulatory Perspective & Approach

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Agenda

Page 3: Digital Currency: Regulatory Perspective from IDFPR

IDFPR’s Reach at a Glance

Mortgage & Residential Lending

1,231 13,900Loan Originators

Consumer Lending & Money Services

1,140794Money Services Firms

Mortgage Firms

Consumer Lenders

State-Chartered Depositories

395 $275 BTotal Assets

State-Chartered Credit Unions

$36.2 B210Total Assets

IL Chartered

IL Chartered

Page 4: Digital Currency: Regulatory Perspective from IDFPR

Chicago: An Emerging Fintech Hub

#5Global Fintech Hub

Financial Services EpicenterChicago acts as the epicenter of all FinTech activity in the Midwest, representing well over 20,000 financial institutions .

Deep Workforce

Chicago is home to over two fifths of the top business universities in the US and has a deep financial engineering talent pipeline.

Strong Talent Pool

Over 6% of the Chicago workforce are focused on the financial ecosystemcontributing to its talent pool.

20K

2/5

- Deloitte

“CHICAGO’S STARTUP SCENE IS ON FIRE.” – FORBES

6%

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Page 5: Digital Currency: Regulatory Perspective from IDFPR

Illinois Blockchain Initiative

Illinois Department of Commerce and Economic Opportunity

Illinois Department ofInnovation and Technology

Illinois Department of Financial and Professional Regulation

Illinois PollutionControl Board

Illinois Department of Insurance

Cook CountyRecorder of Deeds

Page 6: Digital Currency: Regulatory Perspective from IDFPR

IDFPR’s Financial Innovation Initiative

Page 7: Digital Currency: Regulatory Perspective from IDFPR

Financial Innovation Principles

Early EngagementFinancial regulators should participate directly in

proofs of concept to advance regulatory

understanding of technological innovation and

determine how new innovations may help regulators

do their jobs more efficiently and effectively.

Risk-based AnalysisFinancial regulators should work closely

with innovators to determine how rules and

regulations could be adapted to enable 21st

century technologies and business models

focusing on tangible systemic or consumer

protections risks vs. potential for risk.

Collaborate GloballyFinancial regulators should provide a dedicated

resources to analyze best practices across the

various state, federal and foreign regulatory

bodies and regimes across domestic and

international jurisdictions. Global collaboration

only strengthens markets.

ExperimentationFinancial regulators should foster an environment that

spurs innovation similar to the UK Financial Conduct

Authority’s (FCA) sandbox, where collaboration with

regulators where innovators have appropriate room to

develop and test innovative solutions without fear of

enforcement action and regulatory fines.

Page 8: Digital Currency: Regulatory Perspective from IDFPR

Our Approach

Engagement & Assistance Education & Training Modernizing Regulation

Improving staff’s awareness and understanding of emerging products/trends,

ensuring access to training resources, programming via a variety of delivery

channels. Look to those innovating in the field as the primary resource for these education

and awareness training efforts.

Outreach and engagement will be a key component in efforts to encourage and

support innovation. It will be essential to foster consistent communication between

regulators, fintechs, and established FS institutions to ensure innovative products

are quickly brought to market in a consultative manner.

In order to achieve policy goals, it will be essential to understand modern regulatory

approaches/tools and how they can be implemented. As regulators this ensures we

design guidance that is practical to implement, but also allows us to have agility

much like the innovators in the space.

Page 9: Digital Currency: Regulatory Perspective from IDFPR

Initiative Plan of Action

Office Hours Program RegHub Portal Technology Advisory Board

Staffing a Financial Technology

Advisory Committee advising

IDFPR on technology

developments in the financial

services space as well as the

unique licensing and regulatory

compliance challenges both

depository and non-depository

innovators face.

Implementing RegTech

Developing “RegHub”, a

dedicated portal on our website

that provides early-stage

innovators plain-language

resources needed to effectively

navigate compliance and

regulatory obligations in Illinois

as well for the broader state

regulatory system.

Regularly scheduled office

hours at local fintech and

innovation incubators to

provide informal assistance to

fintech companies looking to

enter the market and licensed

businesses looking to bring a

new product to market.

Explore ways “RegTech” can

reduce the burden of

compliance while also allow

improving the Department’s

capacity to identify and

mitigate market and consumer

risks. Expand our participation

in blockchain and distributed

ledger technology consortiums.

Page 10: Digital Currency: Regulatory Perspective from IDFPR

Illinois’ Regulatory Approach

What is the best way to balance consumer choice, competitive markets and innovation?

Page 11: Digital Currency: Regulatory Perspective from IDFPR

Digital Currency: Policy Framework

What are the use cases, who are the usersand what is the market penetration?

As state financial services regulators, we touch a wide

variety of lending, depository and payments products, but

not all. Unlike the UK, we have to know what products are

directly relevant to us vs. our federal counterparts.

What falls under our jurisdiction (does any)?

A crucial and often overlooked step in making an informed

policy decision regarding an emerging is understanding

what the technology is, how it works and how it is used.

As digital currencies grow in popularity, how do we balance

a low-touch framework with the regulatory clarity required

for businesses operating in this space?

What are the risks? What are the benefits?

Page 12: Digital Currency: Regulatory Perspective from IDFPR

Overview

When it comes to digital currency regulatory questions, as a state, there are two primary areas of consideration: financial surveillance consideration for banks and credit unions involved in the space and digital currency considerations for consumer protection (money transmission regulation).

Does consumer protection regulation add value to Illinois-based digital currency users or is it still premature? How do we balance open innovation while clearly articulating the risks and benefits. How do digital currencies fit into our current money transmission framework?

Although this primarily a function of federal regulators, as a state, we can engage the banking and digital currency side to promote a culture of best practices.

Articulating our Goals:

Consumer Protection: (Money Transmission Regulation)

Financial Surveillance (AML/KYC): (Depository Regulation)

Page 13: Digital Currency: Regulatory Perspective from IDFPR

Digital Currency Use Cases

Speculative Digital Asset/Investment

Medium of Exchange Payment RailNon-monetary

Use cases

Analyzing the Use Case:

Although Bitcoin was initially conceived by Satoshi Nakamoto as “a purely peer-to-peer version of electronic cash (that) would allow online payments to be sent directly from one party to another without going through a financial institution.”

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Even in its early days, it has actually proven to be a much more dynamic asset than its intended initial use as an electronic cash system:

Page 14: Digital Currency: Regulatory Perspective from IDFPR

Market Penetration (Bitcoin):

Estimated User Base: (Global)

2.8 to 5.9 million2

Primary Uses:

~ 54% of users use itas an investment2

Market Capitalization

$43 billion USD

Daily Transactional Volume

~$320k on-chain*transactions

1. Hileman, Dr Garrick, and Michel Rauchs. "2017 Global Cryptocurrency Benchmarking Study." (2017).

2. Burniske, C., and A. White. "Bitcoin: ringing the bell for a new asset class." (2016).

Page 15: Digital Currency: Regulatory Perspective from IDFPR

Our Regulatory FrameworkGiven our analysis, we settled on a light-touch approach

A relatively small user base

Digital currencies are still only used by a relatively

small and highly informed consumer base. As they

become more available and accessible to mainstream

retail consumers, the area will need to be continuously

assessed/monitored. At this point in time, state

regulatory intervention adds more risk than value.

Continuous collaboration

Although it is still early for digital currencies and

Blockchain, we believe they represent a truly

innovative way to transfer value digitally. We are

committed to ensuring that Illinois is a place

where businesses operating in this space can

thrive and feel comfortable innovating.

A self-correcting market

Digital currencies even early in their inception

have not been immune to consumer protection

concerns (i.e. Mt. Gox). In response to many of

these high-profile events, crypto-markets have

responded by building very strong consumer

protection tools (i.e. multi-sig, n-lock etc.).

Definitive guidance

Although digital currencies still have a relatively

small user-base, a say nothing approach creates

uncertainty for innovators operating in Illinois.

IDFPR’s digital currency guidance attempts to

address this uncertainty by clearly delineating

activities that constitute “money transmission”.

1. Nakamoto, Satoshi. "Bitcoin: A peer-to-peer electronic cash system." (2008)

Page 16: Digital Currency: Regulatory Perspective from IDFPR

Financial Surveillance

Industry Concerns

A recent study on the cryptocurrency industry by the

Cambridge Center for Alternative Finance indicated

sustainable banking relationships were one of the most

consistent pain points for all industry participants,

including exchanges and payment service providers:

“The biggest challenge for nearly all cryptocurrency payment service providers constitutes the difficulty of obtaining and maintaining relationships with banking institutions and money transfer operators (MTOs). Only companies that provide money transfer services (as defined by the taxonomy introduced before) indicate that the high cost of regulatory compliance poses the biggest challenge to their operations.” 1

1. Hileman, Dr Garrick, and Michel Rauchs. "2017 Global Cryptocurrency Benchmarking Study." (2017).

Page 17: Digital Currency: Regulatory Perspective from IDFPR

Banking Digital Currency Businesses

Our Capacity to Catalyze Change:As state financial services regulators we do not have explicit

capability to implement policies or rules that will mitigate

issues plaguing MSB and digital currency businesses. Systemic

“de-risking” is often cultural and does not benefit the broader

financial services ecosystem. Given the wide variety of

financial services entities we regulate, however, we do have

the capacity to engage both our state-chartered banks, credit

unions, MSBs and digital currency companies to work

together to ensure commercial relationships are mutually

beneficial for both parties.

• Knowledge-sharing and development of standards/best practices

• Increase dialogue between depositories, customers & regulators

• Provide guidance and feedback when and where feasible

Page 18: Digital Currency: Regulatory Perspective from IDFPR

Contact Information

Bryan Schneider, Secretary

Department of Financial and Professional Regulation

[email protected]

Cab Morris, Deputy Director of Strategy and Operations

Department of Financial and Professional Regulation

[email protected]

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Jennifer O’Rourke, Illinois Blockchain Business Liaison

Department of Commerce & Economic Opportunity

[email protected]