CLS Blue Sky Blog

Regulatory Arbitrage, Unclear Terminologies: A Challenge to Global Cryptoasset Regulations

Few innovations in finance have emerged in recent years that are as controversial or present as many challenges to regulators and policymakers as cryptoassets. A key question for regulators and market participants is the extent to which the difference between cryptoassets and traditional financial assets is more form than substance? It is an important question since the answer defines the appropriateness of existing regulation for cryptoassets and related activities. In an inaugural research study on the global cryptoasset regulatory landscape, a team of researchers at the Cambridge Centre for Alternative Finance has aimed to shed light on this question by offering analytical tools for both regulators and market participants to conceptualize cryptoassets and develop a more consistent regulatory approach across regulatory bodies. The research serves as a useful empirical study to inform industry stakeholders as well as evidence-based regulation and policymaking.

The study was undertaken based on a conceptual framework that serves as a basic framework for the legal and regulatory analysis of cryptoasset activities and looks at three key aspects in a regulatory context: the nature and form of cryptoassets, the issuance of cryptoassets, and intermediated activities in the life cycle of cryptoassets. The research aims to compare various regulatory approaches to cryptoassets in a number of jurisdictions and to resolve regulatory challenges and identify opportunities. It offers a number of regulatory recommendations:

The study also examines regulatory authorities in 23 jurisdictions (selected on the basis of level of domestic cryptoasset activity and the relative magnitude of regulatory response) regulating cryptoassets, their current definition and classification of cryptoassets and related activities, as well as regulatory processes and responses (e.g. existing regulation, retrofitted regulation, bespoke regulation, and bespoke regulatory regime). Key findings are:

In analyzing the regulatory challenges and gaps that stem from the development and implementation of cryptoasset regulation, four major findings have been highlighted in the study:

This post comes to us from Apolline Blandin, a research manager of cryptocurrency and blockchain technology at the Cambridge Centre for Alternative Finance; Michel Rauchs, a cryptocurrency and blockchain lead at the centre; and Hatim Hussain, a research assistant at the centre. The complete research study is available here.

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