2023 - 12 - EUnderstanding Crypto Assets
2023 - 12 - EUnderstanding Crypto Assets
IN THIS BRIEFING
Introduction
The enabling technology: Blockchain
Range of tokens, from money to other assets
Virtual meets reality
Challenges
Introduction
Cryptocurrencies have grabbed the headlines as they have boomed and dwindled. However, many
people do not know what lies behind them and how they work. And their ups and downs are a
reminder of how asset values can fluctuate and of the volatility of markets.
Cryptocurrencies, like any crypto asset, rely on digital ledger technology (DLT), 1 of which blockchain
is probably the most widely known example. Blockchains, combined with electronic money,
resulted in the launch of cryptocurrency, the most well-known example of which dates back to 2008.
Blockchain has many uses, and is not limited to money; virtually anything of value (assets) can be
tracked and traded on a blockchain. Indeed, some blockchain advocates believe that the real
potential of blockchain is only now being discovered, while others stress that 'crypto innovation' is
no longer in its infancy. Recent research by academics and public and private stakeholders has
aimed to provide an understanding of how the latest blockchain technology (such as Web3 – see
also the box on page 4) functions and the challenges it brings.
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Understanding crypto assets
elements). Special hardware or private escrow services can be used to ensure security of private
keys.
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Other features derive from the fact that blockchain networks are essentially made up of transactions
added to the database. Blockchain functions in a way that is complex (e.g. hashing), automated
(resulting in possible rigidity due to self-executing codes) and highly interconnected. It also
requires an intense level of computing and software creation, the capacity for which is not widely
available among the population at large. These specific capacity requirements lead to the existence
of concentrated pools of users that have the necessary IT resources (and computing power).
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Understanding crypto assets
obligations between them, security tokens perform the same function as traditional securities,
such as bonds or shares, while utility tokens can be similar to vouchers. Utility and payment tokens
are based only on the actual usages by market participants. In addition, all tokens are flexible and
can perform multiple functions.
An alternative classification for tokens is based on fungibility. Fungible tokens provide the same
rights and are replaceable with other assets of the same category (for instance, commodities),
whereas non-fungible assets each possess unique characteristics preventing their replacement (for
instance, a work of art or a trademark).
A smart contract is a computerised transaction protocol (self-executing applications) that can
trigger an action if some pre-specified conditions are met, then execute the terms of a contract. 5 It
is a collection of codes and data inserted in the ledger, and associated with tokens on the blockchain.
The substance of a smart contract is not limited and it can be used for almost any activity or product.
However, some experts have asked 'how smart smart contracts are', particularly because 'the claim
that smart contracts are more efficient and carry no legal costs is negated by the rise of ex-ante costs
in the form of thorough due diligence and the need to consider an exhaustive amount of scenarios
for contracts to be complete. In conditions of low uncertainty, such contracts may be easier to
design and execute. However, when uncertainty is high, the exact costs may be high and the range
of unanticipated events large.'
Cryptomoney
Cryptocurrencies are the most widely known tokens. Payment involves trust in the money itself and
the payment system that executes the transaction, and both are changing with digital innovation.
Money is fungible, durable, convenient to carry and divide, recognisable and reliable. It serves as a
medium of exchange, a unit of account and a means to store value. Currency is one form of money.
Cryptocurrencies were developed with the promise that the decentralised and secure system would
be quicker, cheaper and more efficient and democratic (financial inclusion). The proponents of
cryptocurrencies presented them as the answer to the shortcomings shown by traditional
intermediaries in the 2008 crisis.
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A cryptocurrency is a privately issued means of payment and value storage system that functions as
'electronic cash protected through cryptographic mechanisms instead of a central repository or
authority'. Cryptocurrencies do not require central intermediaries for clearing and settlement; users
believe the system works because they can see it and track it. Transactions can be token-based
(assets need to be proven genuine) or account-based (need for user identification).
A central feature of cryptocurrencies is that, like
cash, their use or ownership does not intrinsically Decentralised finance (DeFi)
reveal the personal or business identity of those
involved in a transaction. Holders exercise control DeFi is an umbrella term commonly used to describe a
variety of services in crypto asset markets that aim to
through a private 'key' (or address not inherently
provide service transactions analogous to those
linked to identifiable beneficial owners), held in a provided by the traditional financial (TradFi) system
'wallet', but transactions reveal (at most) only a The role of financial institutions and market
public address from which it is encrypted, and infrastructures is replaced to varying degrees by self-
from which it cannot be inferred; hence, they are executing code ('smart contracts'). DeFi uses various
'quasi-anonymous'. A second important feature smart contracts to allow any network participant that
of cryptocurrencies is that, unlike cash, they are meets smart contract criteria to directly fill the roles of
transparent in the sense that details of all automated market makers and liquidity providers,
transactions on a particular coin are publicly among others, to facilitate transactions in
cryptocurrencies. DeFi based on technology requires
available (though not linked to the owner). A third
trust in a combination of internet service providers,
feature of cryptocurrencies that amplifies the core software developers, miners, wallets, exchanges,
difficulties posed by anonymity is their extra- and stablecoin issuers.
territoriality: transactions reveal no information
Source: The financial stability risks of decentralised
on the jurisdictional location of those transacting.
finance, BIS, August 2023.
The word 'currency' within cryptocurrency can be
seen to be misleading, because the extreme price volatility of most cryptocurrencies means that
they do not discharge the store of value and unit of account functions of currencies. In addition,
they bear a transaction cost (in terms of the computing power needed to validate transactions) and
require time to be used (due to the need to record them in the ledger). This helps to explain why
cryptocurrencies have not become a means of payment to purchase goods and services.
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Understanding crypto assets
A crypto exchange is any system (online platforms) where users can buy, sell and trade various
crypto assets. Interacting with cryptocurrency through exchanges is centralised, and individuals
must often use official identification and provide addresses in order to transact. While being more
user-friendly than on-chain transactions, they resemble traditional financial institutions: they
facilitate the buying and selling of unbacked crypto assets and also provide much wider services
than traditional securities exchanges. Crypto assets can also be traded on payment apps, that have
broadened their scope to cryptocurrencies.
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Understanding crypto assets
copyright (which generally is not transferred in its entirety). This implies, for instance, that the NFT
owner cannot oppose a representation of the digital or tangible piece of art enshrined in its NFTs,
nor reproduce it for sale, in the absence of a transfer of corresponding copyrights, nor bar
representations of the piece of art.
NFTs are also hit by reality in another manner. An NFT that links to a digital representation of an item
protected by property rights in order to sell it may infringe intellectual property rights, namely
trademarks, or the owner's design or model rights, which bar the sale of imitations. This is
particularly the case when it is accompanied by active commercialisation amounting to
'cybersquatting'.
Challenges
The main challenges of crypto assets relate to the protection of citizens, the preservation of the
(legal) economy and the carbon impact of crypto assets. For cryptocurrencies, this applies to those
that are not digital representations of sovereign currencies (CBDCs).
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Understanding crypto assets
next, but which show that crypto assets consume a similar amount of energy each year as some mid-
sized countries.
There are initiatives to address this challenge, via renewable energies for instance, which are not
generally implemented (but only on a voluntary basis) and might have other impacts (for example,
using energies that are not available for other consumption). Another way to reduce computational
power, and hence energy consumption, is through recourse to the PoS consensus mechanism. This
still has implications for the functioning of the crypto assets and some of its key features (such as
decentralisation). As they are now, researchers consider that some crypto assets do not price in the
negative externalities of their energy consumption and private and social costs, which renders them
an unsustainable investment that might not meet the green transition requirements.
MAIN REFERENCES
Allen H., DeFi: Shadow Banking 2.0?, William & Mary Law Review, Vol. 64, pp. 919-968, 2023.
Aramonte S., Huang W. and Schrimpf A., DeFi risks and the decentralisation illusion, BIS, 2023.
Baer K., de Mooij R., Hebous S. and Keen M., Taxing Cryptocurrencies, IMF Working Paper No. 2023/144,
July 2023.
Buckley R., Didenko A. and Trzecinski M., Blockchain and its Applications: A Conceptual Legal Primer,
Journal of International Economic Law, Vol. 26, Issue 2, June 2023.
Chen Y., Gurrola-Pérez P. and Lin K., A review of crypto-trading infrastructure, World Federation of
Exchanges, August 2023.
Hallak I., Non-EU countries' regulations on crypto-assets and their potential implications for the EU, EPRS,
European Parliament, September 2023.
Murray M., Transfers and licensing of copyrights to NFT purchasers, Stanford Journal of Blockchain Law &
Policy, January 2023.
Garrido J., Digital Tokens: A Legal Perspective, IMF Working Paper No. 2023/151, July 2023.
Garcia Ocampo D., Branzoli N. and Cusmano L., Crypto, tokens and DeFi: navigating the regulatory
landscape, BIS, May 2023.
Yaga D., Mell P., Roby N. and Scarfone K., Blockchain Technology Overview, National Institute of
Standards and Technology, NISTIR 8202, October 2018.
Zlati G., Blockchain and criminal law; the fundamentals, ERA Forum, Vol. 24, pp. 295-315, July 2023.
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ENDNOTES
1
In fact, 'distributed ledger technology' is often used as a synonym for blockchain. For the sake of simplicity, the term
blockchain will be used, bearing in mind that DLT has a broader scope than blockchain technology.
2
For a detailed presentation, see Yaga D. et al, Blockchain Technology Overview.
3
In a blockchain, the sequence of blocks of data is created chronologically and linked together via a hash value. In other
distributed ledger technologies, the database stored across all the nodes can have a different structure and sequence.
4
See also the classification based on a mechanism's degree of decentralisation, which goes from public blockchains,
through consortium blockchains, to fully private ones (in Garrido J., Digital Tokens: A Legal Perspective, p. 10, Box 1).
5
Smart contracts were defined in 1994 as 'a computerised transaction protocol that executes the terms of a contract',
Szabo N., 'Smart Contracts'.
6
For a presentation of the scope and terminology, see Garcia Ocampo D., Crypto, tokens and DeFi: navigating the
regulatory landscape, BIS, May 2023.
7
Note that the IMF describes unbacked crypto assets as follows: 'These crypto assets are transferable, primarily
designed to be used as a medium of exchange, and although they are often decentralised, there are examples of
unbacked crypto assets that are centrally issued and controlled. Most unbacked crypto assets are currently used for
speculation and not for payment purposes', Regulating the Crypto Ecosystem: The Case of Unbacked Crypto Assets,
September 2022, p. 11.
8
Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets.
9
Regulating the Crypto Ecosystem: The Case of Unbacked Crypto Assets, p. 21: 'Most users and crypto asset exchanges
alike use cold wallets for storing most of their crypto assets and keep only what is needed for transactions in the short
term in a hot wallet. Hot wallets allow for the quicker transfer of crypto assets in peer-to-peer transactions. There is
little real difference between cold and hot wallet technologies. A hot wallet becomes cold upon disconnecting it from
the network.'
10
Aramonte S., Huang W. and Schrimpf A., DeFi risks and the decentralisation illusion, BIS, 2023, p. 8: 'Blockchains based
on proof-of-stake, which are expected to improve scalability, allow validators to stake more of their coins so that they
have a higher chance of 'winning' the next block and receiving compensation. Since the associated operational costs
are mostly fixed, this setup naturally leads to concentration.'
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Runs happen when people lose confidence that a particular asset will continue to retain its value and function as
expected.
12
This applies to the situation as it is before the implementation of the MICA regulation. See also work on Principles on
Blockchain Technology, Smart Contracts and Consumer Protection, by the European Law Institute.
13
For a presentation, see Kokorin I., The anatomy of crypto failures and investor protection under MiCAR, 2023.
14
See Europol spotlight, December 2021, Cryptocurrencies: tracing the evolution of criminal finances, p. 10: 'Pseudo-
anonymity and decentralisation provide a favourable environment for criminals. It is important to highlight that
cryptocurrencies are not anonymous. Every single transaction is logged in the blockchain, which is a ledger of all
transactions distributed to all users in the network. Most blockchains are publicly available, making transactions
traceable. However, a number of services and techniques can enhance anonymity and hinder law enforcement
investigations.'
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For more details, see the 6 July 2023 Council of Europe Moneyval report on money laundering and terrorist financing
risks in the world of virtual assets.
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