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Court unseals indictments against Binance and CZ, detailing expected guilty pleas

The U.S. Justice Department, Treasury, and CFTC are reportedly planning to announce settlements for many of the criminal and civil cases against Binance and CZ on Nov. 21.

A federal court has released the indictments against Binance and CEO Changpeng "CZ" Zhao filed under seal on Nov. 14, in which the United States government said it expected the cryptocurrency exchange and CZ to enter guilty pleas. 

In Nov. 14 filings in U.S. District Court for the Western District of Washington at Seattle, the U.S. government said it requested to file the indictments against Binance and CZ under seal as any potential plea deals with the exchange and CEO as well as regulatory settlements were “likely to have a major effect on the company, its customers, and global cryptocurrency markets.” Authorities charged CZ with one felony count for failure to maintain an effective anti-money laundering program at Binance, violating the Bank Secrecy Act.

“On the day of the plea hearings, the Government anticipates that the criminal resolutions with Defendant Zhao and Defendant Binance will be announced simultaneously with significant civil resolutions by the U.S. Department of the Treasury Office of Foreign Assets Control [OFAC], the U.S. Department of the Treasury Financial Crimes Enforcement Network [FinCEN], and the Commodity Futures Trading Commission [CFTC],” said the Nov. 14 filing, adding:

“While Binance is not a publicly traded company, Binance is the largest cryptocurrency exchange in the world and news related to Zhao and Binance’s criminal and civil liability is likely to have a significant effect on trading of various cryptocurrencies.”

“Cryptocurrency markets are volatile, subject to significant swings based on external events,” said the filing. “Here, given the status that Binance and Zhao have among participants in the cryptocurrency and related markets, even the simple docketing of a federal criminal case against either would by itself have a significant market impact.”

The government compared potential volatility in the price of Binance Coin (BNB) to that of the FTX Token (FTT) when the crypto exchange collapsed in November 2022, and former CEO Sam “SBF” Bankman-Fried was indicted on federal fraud charges. SBF was subsequently found guilty on seven charges and awaits sentencing in March 2024. 

According to court records, lawyers representing Binance and CZ appeared in court for separate hearings scheduled on the morning of Nov. 21 to discuss pleas and possible detention. Attorneys for CZ filed sealed motions concerning the Binance CEO’s conditional release pending sentencing in the case, but the contents were not available at the time of publication.

Source: U.S. District Court for the Western District of Washington at Seattle

Related: Binance $3.9B USDT move gains community attention amid DOJ settlement claims

A settlement for many of the criminal and civil cases against Binance and CZ in the United States is expected to be announced at 8:00 pm UTC on Nov. 21 as part of a joint statement by the Justice Department, CFTC, and Department of the Treasury. According to many reports, CZ has agreed to plead guilty, and Binance will pay more than $4 billion as part of the settlement.

It’s unclear at the time of publication if any part of the announcement will concern Binance’s pending civil case with the U.S. Securities and Exchange Commission (SEC). In June, the regulator filed 13 charges against the crypto exchange, Binance.US, and CZ for securities law violations.

Magazine: Binance’s exec exodus, Nasdaq to trade AI orders and SBF loses bail appeal: Hodler’s Digest, Sept. 3-9

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US Justice Department seizes 9M USDT amid $225M illicit funds frozen by Tether

Officials reported the seizure was tied to an organization responsible for “pig butchering” romance scams.

The United States Department of Justice announced it had seized roughly $9 million worth of Tether (USDT) following the stablecoin issuer freezing funds connected to a criminal organization responsible for romance scams.

In a Nov. 21 announcement, the Justice Department said the seized funds came from “scammers who stole millions from victims across the United States” and were presumably part of Tether’s efforts to freeze $225 million worth of USDT in “external self-custodied wallets” connected to the scam. The funds were allegedly tied to an organization responsible for “pig butchering” romance scams, in which bad actors attempt to develop an online relationship with unsuspecting individuals, often convincing them to invest in legitimate businesses before conning them.

“These scammers prey on ordinary investors by creating websites that tell victims their investments are working to make them money,” said Acting Assistant Attorney General Nicole Argentieri. “The truth is that these international criminal actors are simply stealing cryptocurrency and leaving victims with nothing [...] although the current landscape of the cryptocurrency ecosystem may seem like an ideal way to launder ill-gotten gains, law enforcement will continue to develop the expertise needed to follow the money and seize it back for victims.”

According to the Justice Department, analysts with the U.S. Secret Service traced the crypto, which had been laundered through different wallet addresses and exchanges — a practice called “chain hopping.” The U.S. government also acknowledged Tether’s contribution “for its assistance in effectuating the transfer of these assets.”

Related: ‘Sodl’ too soon: US gov’t missed Bitcoin gains now total $6B

U.S. officials have previously used their authority to seize illicit funds tied to crypto-related scams and crimes, such as when it took control of roughly 70,000 Bitcoin (BTC) linked to Silk Road in 2020. linked to Silk Road in 2020. Crypto firm 21.co reported in October that the U.S. government held more than $5 billion in crypto according to its analysis of seizures.

On Nov. 21, the Justice Department said it planned to announce “significant cryptocurrency enforcement actions" in coordination with the U.S. Treasury and Commodity Futures Trading Commission. Many speculated that the announcement referred to a reported $4-billion settlement with Binance, in which Changpeng Zhao reportedly plan to step down.

Magazine: US enforcement agencies are turning up the heat on crypto-related crime

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Can blockchain supply the guardrails to keep AI on course?

Some believe that hybrid blockchains with both private and public aspects can solve AI’s black-box problem.

Artificial intelligence (AI) and blockchain are emerging digital technologies that have captured the public imagination but also raised serious concerns.

So it bears asking: Can AI and blockchain be integrated in a way that benefits humanity?

There are reasons to think so. As far back as 2016, Vitalik Buterin wrote that both the crypto economics and AI safety communities were “trying to tackle what is fundamentally the same problem” of how to regulate complex and smart systems with “unpredictable emergent properties.”

Both rely for control on essentially “dumb” systems “whose properties once created are inflexible,” after all. Once a smart contract is implemented, it can’t be changed, for instance. The two communities “should listen to each other more,” he concluded.

In the past year, with the emergence of ChatGPT and other generative AI tools, worries are growing that AI may be spinning out of control. Humans could lose control over autonomous weapons systems in one nightmarish scenario.

So, the notion that blockchains and smart contracts can somehow serve as guardrails to stop AI models from veering off course has been gaining currency.

“Everyone working in crypto has a really distinct role to play in making AGI go well,” said Allison Duettmann, president of the Foresight Institute, at the recent SmartCon 2023 conference. This is especially so given predictions that artificial general intelligence, or AGI, where machines achieve human-level intelligence, may be coming sooner rather than later.

This potential fusion of AI and blockchain tech was also on the minds of IT decision-makers who participated in a recently-released survey commissioned by Casper Labs. Almost half (48%) of the 608 IT leaders surveyed across the United States, Europe and China agreed that “the integration of AI and blockchain technology has the potential to revolutionize our industry, enabling enhanced data security, transparency, and efficiency.”

Complementary technologies, growing momentum

The basic idea is that blockchains’ immutable, tamper-free ledgers, together with smart contracts, may provide the guardrails for AI implementations, ensuring responsible artificial intelligence. A blockchain could even serve as a sort of “kill switch” for out-of-control AI models, some believe. 

In the Casper Labs-commissioned survey by Zogby Analytics, 71% of IT leaders said they “view blockchain and AI as complementary technologies.” Moreover, when asked how their organizations currently use blockchain, “working efficiently with AI was the most popular response overall (51%).”

Elsewhere, on Nov. 1, U.S. President Joe Biden issued an executive order establishing new AI safety and security standards. The order aims to protect the public against a wide range of risks, including dangerous AI-engineered biological materials, AI-enabled fraud and deception.

That order “created a lot of momentum,” Mrinal Manohar, CEO and co-founder of Casper Labs, which has a layer-1 blockchain focused on businesses, told Cointelegraph in an interview. AI governance is on the minds of more enterprise IT people these days.

Does he see more businesses launching actual AI/blockchain projects? “We anticipate 2024 will be a year of big POCs [proofs-of-concept] and MVPs [minimum viable products]. And after that I anticipate there’ll be actual use cases,” said Manohar.

But surely there are obstacles here, including scaling. Validating transactions promptly in high-volume decentralized blockchains remains a challenge, even though progress has been made recently.

In an oft-cited 2021 paper, Ben Garfinkel, director of the Centre for the Governance of AI, wrote that “established permissionless blockchains, including Ethereum, are too inefficient to run anything beyond fairly simple applications.” Even an application “that checks who has won a game of chess is pushing up against Ethereum’s current limitations.”

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Still, if smart contracts “ever become sufficiently reliable,” Garfinkel allowed, they could be useful as verification mechanisms for international agreements aimed at governing AI systems.

Casper Labs is clearly more optimistic. “In the race to solve AI’s ‘black box’ challenge, blockchain is emerging as the all-in-one solution we’ve been waiting for to incorporate much-needed transparency,” wrote Manohar in the report. AI systems’ internal workings are basically invisible to users, hence the “black box” analogy.

The hybrid blockchain solution

Still, how can blockchain technology possibly be viewed as a solution to AI’s “black box” problem if it can’t even scale?

“The way you address the scaling problem is through hybrid blockchains,” Manohar told Cointelegraph. No one today is talking about putting enormous data sets on Ethereum or on Casper Labs’ own layer-1 blockchain. Casper Labs’ solution involves using both permissioned (private) blockchains and public (non-permissioned) ones.

“People have forced themselves into this kind of thinking where you have to be completely permissioned or you have to be completely open,” said Manohar, further explaining:

“In a hybrid blockchain, you have your own private blockchain that’s yours. You control it, you configure it, and you can make that run as fast as you want because you have a limited validator set.”

And the public chain? That’s more for version control and record keeping. You might want to register a new version of AI on the public chain, for instance. “The beauty of this hybrid model is you choose when you need immutability from the public chain and where you just manage your infrastructure on your own,” said Manohar.

As long as you store the reference on the public blockchain adequately, “you can always ensure that that data was not tampered with because if it was tampered with, the hashes wouldn’t match.”

Also, anything that you want to be auditable, you can put on the public blockchain because it’s tamper-proof. So “every time I modify the AI or every time I use a new data set, I will send a ping to the public blockchain,” said Manohar.

A big problem with AI today is that one doesn’t know when something goes wrong. But blockchains provide a way to roll back the tape, so to speak, because they are highly serialized and time-stamped.

Thus, if an AI model “begins to show signs of hallucination or inherent biases, you can simply roll the AI system back to a recent iteration that lacked those issues, and subsequently diagnose where the problem data came from,” Casper Labs notes on its website.

But others aren’t convinced that a blockchain can solve AI’s “black box” problem.

“It’s misleading to describe blockchain’s ‘transparency’ as an antidote to AI’s ‘black box’ problem,” Samir Rawashdeh, associate professor and director of the Dearborn Artificial Intelligence Research Center at the University of Michigan, Dearborn, told Cointelegraph.

It does not make the inherent inner workings of a machine learning model more understandable or make clear “in what way a particular output traces back to the original training data.”

What Casper Labs is really proposing, suggested Rawashdeh, is a “version control system” — albeit with some nice features — that can be used “to keep track of the AI model’s development and deployment.”

That said, a blockchain could indirectly address the “black box” challenge, Rawashdeh added, by offering up an audit trail that helps ensure data integrity, provenance and transparency in the data sets used to train AI models. But it doesn’t make the actual decision process any more interpretable.

When machines collude against human beings

Looking ahead, concerns arise around artificial general intelligence: Could blockchain help to avoid those bad-dream scenarios where AGI models overturn elections or even prosecute wars? 

“It actually could immensely help,” answered Manohar. Blockchain “would be the best kill switch” for an AI model provided its electrical power “goes through a completely decentralized blockchain.”

That is, the blockchain and its human validators decide if the AI model receives power or not. “There’s always a kill switch signal, where if all the validators agree, they can just shut down the network, shut down the AI’s access to power,” said Manohar, adding:

“It actually could act as an incredibly potent kill switch for those nightmare scenarios.”

Suspicions remain

There are other potential hindrances to this integration of blockchain and AI. For one thing, “there’s just a lot of suspicion in the AI community around crypto,” Duettmann said. Crypto and blockchain still bring to mind nonfungible token scams and other unsavory behavior for many.

That said, when asked if Foresight was seeing more funding proposals for AI/Blockchain projects, Duettmann answered: “There’s a lot just like movement in the space now.” She’s seeing, on average, about five funding proposals a week that combine blockchain and AI technology. Of course, the Institute can only fund a fraction of these, but “it’s definitely picked up a lot.”

As to the two communities, “ultimately they have a lot to learn from each other,” she said. In her SmartCon 2023 talk, she noted that the crypto industry is very good at network security, often employing “red teaming,” wherein teams search for inputs that cause catastrophic behavior. “Let’s extend ‘red teaming’ to machine learning models,” she proposed.

More acceptance in China

Integrating AI and blockchain technology seems to be viewed particularly favorably in China. In Casper Lab’s survey, 68% of China’s IT respondents agreed that “the integration of AI and blockchain technology has the potential to revolutionize our industry, enabling enhanced data security, transparency, and efficiency.” By comparison, that share was 48% in the U.S. and only 34% in Europe.

Recent: Boosting blockchain adoption by keeping tech on the back end

Why so high in China? China has been hostile toward cryptocurrencies in recent years but remains positive about blockchain technology, observed Manohar. Some municipalities have put land deeds on a blockchain. China views blockchain technology as an effective certification and tracking mechanism.

In the West, by comparison, “everyone thinks blockchain is just cryptocurrency,” asserted Manohar. But this education gap is likely to narrow. In the long term, “everything reverts to the mean.”

Is this blockchain’s killer app?

Manohar was asked if the fusion of AI and blockchain could eventually amount to blockchain’s long-sought “killer app.”

“It could be one of them,” he answered. Blockchain’s track-and-trace governance protocols for the supply chain and financial technology sectors are also candidates, but those two areas had passable governance before blockchains and smart contracts ever appeared.

By comparison, “there is no incumbent governance system in AI. Therefore, there’s much more space for innovation. So I really do think this could be blockchain’s killer app,” he told Cointelegraph.

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ARK, 21Shares update spot Bitcoin ETF application as next SEC deadline looms

The latest update is the third amendment to ARK and 21Shares’ Bitcoin exchange-traded fund prospectus since the firms first filed in April 2023.

ARK Investment Management, a cryptocurrency investment firm founded by Bitcoin (BTC) advocate Cathie Wood, isn’t giving up on its efforts to launch a spot Bitcoin exchange-traded fund (ETF) in the United States.

On Nov. 20, ARK Invest filed another amended prospectus for its spot Bitcoin ETF product developed in collaboration with the European digital asset manager 21Shares.

If approved, the ETF, named the ARK 21Shares Bitcoin ETF, will trade on the Chicago Board Options Exchange’s BZX Exchange under the ticker symbol ARKB, the updated filing reads.

This latest update is ARK and 21Shares’ third amendment to the prospectus since the firms first filed for a spot Bitcoin ETF in April 2023. ARK previously amended its form S-1 registration statement in October, which was interpreted by experts as a “good sign” of progress.

In September 2023, the SEC again delayed its expected decision on ARK’s application. The next deadline for the decision has been set for Jan. 11, 2024.

According to Bloomberg ETF analyst Eric Balchunas, the latest filing includes many updates, including numerous risk disclosures designed to satisfy corporate finance requirements.

Related: WisdomTree amends S-1 form spot Bitcoin ETF filing as crypto awaits SEC decisions

“One interesting thing is they are sticking to in-kind creations redemptions — albeit in a hybrid model — to minimize tax and spread issues,” Balchunas noted. “Semi-shocker to be honest, but in a good way,” he added, stating:

“The more updates to these documents the better, shows them getting these bad boys in shape for SEC approval.”

Bloomberg ETF watcher James Seyffart also suggested that the latest filing likely reflects that things are moving with the SEC conversations.

While ARK has been actively amending its application, not all spot Bitcoin ETF filers have amended their filings. According to Steyfart’s data, as of mid-November, Franklin Templeton and Global X were the only two firms out of 12 spot Bitcoin ETF filers that hadn’t amended their S-1 filings.

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Tether freezes $225M USDT linked to romance scammers amid DOJ investigation

The stablecoin issuer reported the illicit funds had been used by a Southeast Asia-based crime syndicate responsible for a “pig butchering” romance scam.

Stablecoin issuer Tether froze roughly $225 million worth of USDT tokens as part of an investigation into a Southeast Asia human trafficking syndicate launched by the United States Department of Justice (DOJ). 

In a Nov. 20 announcement, Tether said it had worked with the DOJ and crypto exchange OKX to freeze $225 million USDT in “external self-custodied wallets.” The firm reported the illicit funds had been used by a crime syndicate responsible for a “pig butchering” romance scam — a technique in which bad actors attempt to develop an online relationship with unsuspecting individuals, often convincing them to invest in legitimate businesses before conning them.

According to Tether, the freezing of the USDT followed a “months-long investigative effort” into the location of the funds between the firm, OKX, DOJ, and U.S. law enforcement agencies. The stablecoin issuer said it would work with U.S. authorities to unfreeze any “lawful” wallets that may have been seized as part of the effort.

“Through proactive engagement with global law enforcement agencies and our commitment to transparency, Tether aims to set a new standard for safety within the crypto space,” said Tether CEO Paolo Ardoino. “Our recent collaboration with the Department of Justice underscores our dedication to fostering a secure environment. We believe in leveraging technology and relationships, such as our collaboration with OKX, to proactively address illicit activities and uphold the highest standards of integrity in the industry.”

Tether has previously worked with global law enforcement agencies to freeze assets allegedly linked to criminal syndicates, such as when the firm coordinated with Israel’s National Bureau for Counter Terror Financing to freeze roughly $873,000 worth of USDT used for funding terrorist activities in Israel and Ukraine. The latest $225-million freeze appeared to be the largest in Tether’s history.

Related: Circle, Tether freezes over $65M in assets transferred from Multichain

Unlike many cryptocurrencies like Bitcoin (BTC), which has the ability to be held outside the control of anyone but the individual with the private keys, stablecoins like USDT are more likely to be issued by a single authority. As a result, the issuers sometimes have the capability of freezing funds and halting transactions in response to requests from law enforcement.

However, crypto moving through exchanges is sometimes subject to the same treatment. In August 2022, Binance said it had restricted account access to $1 million in crypto for a Tezos tool contributor following a request from authorities and similarly froze accounts linked to Hamas militants in October 2023 in response to Israeli law enforcement.

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Who is Mira Murati, OpenAI’s interim CEO?

OpenAI’s new interim CEO is considered a "product person" who supports regulatory oversight of artificial intelligence.

OpenAI’s board of directors ousted founder Sam Altman on Nov. 17, shocking the technology world, while appointing Mira Murati as its interim CEO. 

Since then, the board has been facing strong criticism from the startup major clients and investors. According to a Bloomberg report, efforts to reinstate Altman as CEO have already involved Microsoft, OpenAI’s biggest shareholder.

Meanwhile, Murati is the interim CEO. She has been on OpenAI since 2018. At the time, the company operated as a nonprofit research center but soon transformed into the business behind the global chatbot ChatGPT.

Mira Murati, the 34-year-old interim CEO of OpenAI. Source: OpenAI

Prior to OpenAI, Murati reportedly spent a summer as an analyst at Goldman Sachs, followed by positions in engineering at Zodiac Aerospace and Tesla, as described in a Women’s Agenda bio based on her LinkedIn profile — unfortunately no longer available.

Murati was reportedly appointed as vice president of product and engineering at Ultraleap in 2016. At OpenAI, she joined as vice president of applied AI and partnerships, before rising to senior vice president of research, products and partnerships and, finally, to her role as chief technology officer in 2022.

The interim CEO was born in Albania and received a degree from Dartmouth College, an Ivy League institution, in 2012. According to The Wall Street Journal, Murati is a “product person", who believes that AI shouldn’t be confined to research projects.

“It’s important that we bring in different voices, like philosophers, social scientists, artists, and people from the humanities,” she said in an interview with TIME Magazine earlier this year. Regulators should be included in this group of “different voices,” according to Murati:

"It’s important for OpenAI and companies like ours to bring this into the public consciousness in a way that’s controlled and responsible. But we’re a small group of people and we need a ton more input in this system and a lot more input that goes beyond the technologies-—definitely regulators and governments and everyone else."

She is behind the development and management of some of OpenAI’s most groundbreaking projects, including the image-generator model DALL-3, the speech-recognition tool Whisper, and the latest version of the company’s chatbot GPT-4

A look at Murati’s profile on X (formerly Twitter) illustrates her engagement with product development at OpenAI. New features and product updates are the only topics she talks about on the social media platform.

Murati has not spoken publicly since the latest developments on OpenAI. She no longer has a LinkedIn profitable account, and her last post on X is from Nov. 6, when ChatGPT Turbo was released. 

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Bitcoin fees skyrocket on spot BTC ETF hype

The Bitcoin blockchain reached $11.6 million in fees paid on Nov. 16, with the average transaction fee up 746% from a year ago.

The prospect of a spot Bitcoin (BTC) exchange-traded fund (ETF) being approved soon in the United States has increased demand for the major cryptocurrency, leading to a surge in transaction fees.

The Bitcoin blockchain reached $11.6 million in fees paid on Nov. 16, according to statistics from CryptoFees. At the time of writing, YCharts data shows that the average transaction fee is $18.69, up 113% from the previous day and 746% from a year ago.

Bitcoin transaction fees between January 2023 and November 2023. Source: CryptoFees

According to Cointelegraph’s market analysis, Bitcoin remains near 18-month highs and beyond its bear market trading range. At the time of writing, the cryptocurrency is trading at $36,407, a 0.58% gain over the past 24 hours.

Bitcoin’s price has been rising since Wall Street investment manager BlackRock filed for a spot BTC ETF with the Securities and Exchange Commission in June. After BlackRock's application, several other major asset managers in the United States submitted similar proposals, including Fidelity, ARK Invest, and WisdomTree, among others.

While the SEC appears to be engaging with the firms on proposal adjustments, it has yet to make a decision, moving final deadlines to January 2024. On Nov. 16, WisdomTree amended its Form S-1 with the regulator, followed by similar amendments from ARK and 21Shares, Valkyrie, Bitwise and VanEck.

According to Bloomberg senior ETF analyst Eric Balchunas, the amended versions may be a response to concerns the SEC has raised. “It means ARK got the SEC’s comments and has dealt with them all, and now put [the] ball back in [the] SEC’s court,” Balchunas said. “[In my opinion] good sign, solid progress.”

A spot Bitcoin ETF is an investment fund that mirrors the price of Bitcoin. The “spot” aspect means the fund directs the purchase of Bitcoin as the underlying asset. It enables investors to participate in Bitcoin’s market through their regular brokerage accounts. It’s a way to get exposure to BTC price fluctuations without the need to purchase it on a crypto exchange, for example.

As a result, a spot Bitcoin ETF is expected to draw institutional investors’ capital, which may potentially result in the price of Bitcoin reaching new highs in the coming months. According to Bloomberg analysts, there is a 90% likelihood of approval of all proposals in the same batch in January.

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Public needs to know blockchain use cases, AI needs regulation now — Andrew Yang

The former presidential candidate spoke at NABS about opportunities the United States may be missing to blockchain and AI for public good.

Andrew Yang, former candidate for United States president and New York City mayor and founder of the Forward Party, had sobering observations about the uses of blockchain, or its lack of use, in the United States and U.S. regulation of artificial intelligence (AI) when he spoke Nov. 16 at the North American Blockchain Summit (NABS) in Fort Worth, TX.

Yang, who described himself as “enormous believer in smart money, smart currencies,” said he saw blockchain and Web3 technology in a sorry state, especially in the United States, which creates the risk of firms fleeing overseas. Part of the problem is public perception, Yang said:

“The way to avoid this fate it is to have positive use cases for blockchain in solving problems for the American people. […] Unfortunately, what they see in the news is just Sam Bankman-Fried and FTX.”

“We have not scratched the surface of what these tools can do to combat poverty,” Yang said. He saw other potential applications of blockchain technology in civic life as well. “Something I'm super passionate about, why is it that we can't vote on our mobile phones?” he said.

Related: FTX collapse could trigger ‘appetite’ for harsher regulation, says Andrew Yang

Yang raised concerns about AI too, saying U.S. policy on AI is “fairly limited, maybe even incoherent.” Yang was among the 2,600 tech leaders and researchers who signed an open letter calling for a moratorium on training AI systems more powerful than GPT-4. He reiterated at NABS, “We may be getting ahead of ourselves with the development of these generative models.”

Andrew Yang at NABS on Nov. 16. Source: Turner Wright, Cointelegraph

AI is intimately tied to politics, Yang said, because of the effect it could have on campaigning and public life in general. He said:

“You saw a deep fake of the Pentagon on fire and the markets moved on that.”

The U.S. regulatory approach — “let's wait until the fiasco happens and then we'll have hearings about it afterwards,” Yang called it — and the “winner-take-all” economy is part of the problem. In that atmosphere, the benefits of the technological advances will be divided highly unevenly, making the existing divisions in U.S. political life worse.

Social media is governed by Section 230 of the Communications Decency Act of 1996, Yang said. Facebook didn’t even exist in 1996. So, while legislation on AI is expected to pass soon in the European Union, “We're in danger of falling right into space because our legislative body is not functioning at a high level.”

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US House Financial Services subcommittee looks for answers on crypto and crime

Reports on crypto funding terrorism and blockchain forensics were confusing, but everyone agreed on the need for collaboration and regulation.

The United States House Financial Services Subcommittee on Digital Assets, Financial Technology and Inclusion received an education in the uses of blockchain technology in a hearing titled “Crypto Crime in Context: Breaking Down the Illicit Activity in Digital Assets” on Nov. 15. The hearing was bipartisan in nature, chair French Hill stated at the outset. 

Hill began the meeting by citing an article published by The Wall Street Journal on Oct. 10 on the use of crypto by Hamas for fundraising. The article was corrected on Oct. 27 to reflect more accurately crucial data produced by blockchain analytics firm Elliptic, as Hill also mentioned. He continued:

“Phone and the internet aren’t to be blamed for terror financing, and crypto shouldn’t either.”

In a similar vein, subcommittee ranking member Stephen Lynch stated the hope that “we can put aside some of the preconceived notions some may have.”

The House subcommittee hearing announcement. Source: The House Financial Services Committee

The panel of witnesses included representatives of Consensys and Chainalysis, as well as forensic experts and a senior counsel from law firm Hogan Lovells. They spoke about the need for international collaboration and public-private collaboration in stopping the misuse of digital assets, the need for well-crafted legislation and the intricacies of blockchain sleuthing.

Representative Brad Sherman asked Dynamic Securities Analytics president Alison Jimenez for an example of a licit use of a crypto mixer, which she was unable to provide.

Related: Israeli authorities seize crypto from terror organizations, credit new technology

Plenty of other voices wanted to be heard at the same time on this topic. Hill, Representative Tom Emmer, Financial Services Committee Chair Patrick McHenry and Representative Ritchie Torres were lead signers, along with a bipartisan group of 53 more House members, of a letter to U.S. President Joe Biden and Treasury Secretary Janet Yellen on Nov. 15.

The letter requested information on Hamas and Palestinian Islamic Jihad fundraising and the role of cryptocurrency in its efforts. The letter stated:

“It is important to understand the scope of Hamas’s digital assets fundraising campaign in the context of its traditional funding activities.”

It went on to say that traditional fundraising methods “could far exceed” the revenue brought in through crypto, and Congress needs assistance “understanding the size, scope, and duration of Hamas’s digital asset fundraising campaign, as well as accurate information on blocked or forfeited digital assets from terrorist organizations.”

The letter cites the same Wall Street Journal article. On Nov. 12, the WSJ published a second article by the same authors on the use of crypto to funnel money to Hamas.

Also on Nov. 15, the Blockchain Association released an open letter to Hill and other members of the Financial Services Committee. That letter was signed by 40 former members of the U.S. military, intelligence officers and national security professionals who now have links to digital assets companies or venture capital.

They also mentioned the earlier WSJ article, saying they were concerned that the “grossly overstated” and “debunked” article “continues to be used to push legislation that would be counterproductive to U.S. national security interests.”

Encouraging the growth of a regulated, compliant digital asset industry in the United States is the best way to root out bad actors, the letter continued.

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Tornado Cash users file appeal over judgment in favor of US Treasury

The six individuals, supported by crypto exchange Coinbase, have taken a case involving the U.S. Treasury sanctioning Tornado Cash to federal appellate court.

A group of Tornado Cash users has filed an appeal in federal court following a ruling upholding the United States Treasury’s decision to add the cryptocurrency mixer to its list of sanctioned entities.

In a Nov. 13 filing in the U.S. Court of Appeals for the Fifth Circuit, lawyers representing plaintiffs Joseph Van Loon, Tyler Almeida, Alexander Fisher, Preston Van Loon, Kevin Vitale and Nate Welch argued that the U.S. Treasury “stretched [its] authority beyond recognition” in sanctioning Tornado Cash transactions. The filing came in response to an August decision by a Texas federal judge who ruled the crypto mixer could be sanctioned under the regulatory purview of Treasury’s Office of Foreign Assets Control.

“The district court erred by concluding that the Department satisfied three of the requirements for a designation under [International Emergency Economic Powers Act] and the North Korea Act,” said the Nov. 13 filing. “[T]he Department’s action is contrary to law and in excess of statutory authority under the Administrative Procedure Act.”

According to the plaintiffs, smart contracts under Tornado Cash identified in the lawsuit were “immutable and ownerless” and failed to meet the U.S. Treasury’s regulatory definition of “property” subject to sanctions. The appeal also challenged Treasury’s definition of “interest,” claiming Tornado Cash has no “legal, equitable, or beneficial interest” in users’ smart contracts.

The filing was the latest legal move in a lawsuit first filed by the six individuals in September 2022. The U.S. Treasury’s Office of Foreign Assets Control added Tornado Cash to its Specially Designated Nationals list in August 2022, prompting criticism and outrage from many in the space.

Coinbase chief legal officer Paul Grewal said in a Nov. 13 X thread he supported the efforts of the plaintiffs, saying the appellate court would carefully consider the filing. The crypto exchange has been publicly supporting Van Loon and the other plaintiffs since the September 2022 lawsuit.

Crypto advocacy group Coin Center, which filed its own lawsuit against the U.S. Treasury over Tornado Cash in October 2022, similarly lost its case in Florida federal court. The group filed an appeal in the U.S. Court of Appeals for the Eleventh Circuit on Nov. 6.

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U.S. authorities have also pursued criminal charges against individuals involved with Tornado Cash. In August, the Justice Department charged co-founders Roman Storm and Roman Semenov with conspiracy to commit money laundering, conspiracy to commit sanctions violations and conspiracy to operate an unlicensed money-transmitting business.

Storm was released on a $2-million bond following his arrest and pleaded not guilty to all charges in September, while Semenov was not in custody at the time of publication. Authorities in the Netherlands arrested Tornado Cash co-founder Alexey Pertsev for similar charges related to money laundering in August 2022. He was released in April 2023 to await trial.

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