Video
On-demand seminar: Blockchain - Leading movers and key developments
CPD/CLE:
Ian: My name's Ian Palm. I'm a partner here in the Toronto office at Gowling and an active member as part of our Blockchain and Smart Contracts Group. As Usman had mentioned my focus is on, particularly in the capital market side and helping companies grow. Helping companies raise capital. M&A transactions and Anthony's absolutely right. There's lots of activity in Toronto, certainly, and in other major markets in Canada. We're seeing it in Calgary, Montreal and in Waterloo and in Vancouver certainly as well. We've got our panelists here. What I'm going to do is introduce them and the focus of this panel, Anthony sort of whet the appetite for you here and I'm glad we had some questions and thanks, Anthony, for engaging the audience. We want to keep that going. Our focus here is on some of the opportunities and as part of this panel discussion we're going to talk about some of the opportunities. Anthony needs no introduction. He's on my far right here. Next to him is Sunny Ray. Sunny is the Co-founder and President of Unocoin which was founded in 2013. Unocoin is now India's leading Bitcoin and Blockchain companies. He's also very active in a number of other initiatives including Fintech Canada. Next to him is Alejandro Guerrero. Have I got that right? Close enough? Okay, I apologize. My Spanish is not good as my kids will tell you. He's the Special Projects Leader with Sweetbridge which is another Blockchain company which I'll let him walk us through. He's got a broad range of expertise in the financial sector and commercial software solutions and has spent time working with First Data and GT Nexus and Infor. He's got an MBA from Colombia and electrical engineering degree from Louisiana State University. Next to him and closest to me is Troy Wong. Troy is the CEO of Neptune Group which is a private equity firm specializing in investing in the Blockchain sector. He is engaged with early stage businesses looking to raise capital, focus on the Blockchain. So some of the stuff that Anthony was talking about. Troy's been involved with a number of eco systems. Companies such as Jaxx which he can get into to. He's a Chartered Professional Accountant by training and he's got experience with a broad range of companies. So, that's the panel and our goal here is to give the folks in the audience an opportunity to understand what Blockchain can bring to markets, businesses, governments, other sectors in society and how these businesses seizing upon these opportunities. We've got some questions from the audience already and some sense of what's going on here. What I'm going to do is before we dive into some of the questions I've got here, and think about questions you may have yourself, because I do want to get some questions from the audience. But before we dive into it I want to give each panelist an opportunity to give an overview of what they're seeing, what they're doing, and I'm going to start from closets to myself here. So I'm going to give Troy the opportunity to speak first and then have Alejandro speak after and then Sunny. We'll let Anthony sort of reflect upon what the three of them said. So, Troy over to you.
Troy: Sure, yeah, so, Neptune Asset Group, as mentioned previously, is a private equity firm that's focused on unpublic markets and sort of looking at early stage Blockchain technology companies and seeing if there's some synergy's in terms of assisting and taking them public and raising them capital. I think we've seen a huge amount of innovation in the space in the last, it's almost like a shoe drop, in like six months ago the shoe dropped and everybody sort of wants to get into Blockchain. On the public market side we're seeing companies increasing their share price by 30% by adding Blockchain to the end of their name. Which is interesting. We can sort of see lots of junior mining companies looking to change their business and almost pursue Blockchain space. Yeah, very, very interesting on the public market side and lots of opportunities.
Ian: Alejandro.
Alejandro: Thank you. I'm definitely the infant in the Blockchain space compared to the rest of the panelists. But I collaborate with Sweetbridge. Sweetbridge is a company that develops protocols that take friction in the supply chains and transforms that into liquid value networks. What do I mean by that? Most of think of supply chains as boats and trains but reality is supply manages 54 trillion dollars in commerce, worldwide, and the reality is there's a lot of money that is tied up in liquid assets, or liquid processes, in the movement of this product locally. What Sweetbridge hopes to do is actually infuse liquidity into supply chains by providing mechanisms to take the assets that live within supply chains and monetize them or get capital from it.
Sunny: Hi. My name is Sunny. Is this working? Okay, so I run one of India's leading Bitcoin Blockchain companies. The name of the company is Unocoin. We essentially enable over half a million users in India to buy, sell, use, store and accept Bitcoin. I look forward to spending this morning with you.
Anthony: Cool. So, I'm going to follow up with a little more with the same kind of reflect on what the others are saying but, in general, where I see the industry right now, as I said in my talk, I think there's a bubble forming and we're seeing people jumping in and trying to see how they can relate this technology to their businesses. We're seeing these ICO's coming out. These ways of raising capital. Come up with an idea, people say, like you said, attach Blockchain to your name and your starting to see these evaluations go up. What I'm seeing, is something that is kind of scary for me, is that I can no longer evaluate projects anymore. And that's really interesting for me because all along, I'm invested in about 30 different projects, I advise on about maybe 15 or 16 different projects, and since 2012 my investments have all panned out. Every single one that I put money into. But now what we're seeing is, we're seeing just a surge of these new companies and new marketing ideas and it's becoming really different to distinguish projects that are really having value and those that don't. That's scary for someone that's been in the industry for such a long time. Words of caution from me is if someone like myself, or my team, is having a really hard time seeing where to put money in the space, it's got to be difficult for a lot of other people. And people are always saying, "What do I do?" and they ask me, "Where should I be going?" First of all, I don't give investment advice and secondly, I think it's really important that you really learn what you're getting into and try to understand . Get out to as many events as you can and hook up with people that you really think know a lot in the space. But at the end of the day it's wild, wild west out there. There's going to be a lot of issues and it's going to blow up eventually and I just hope that people here are not on the wrong side of things when they actually do.
Ian: That's sage advice that we often give as lawyers and we often get tagged for giving it. I'm glad that you spoke up about that. But I don't want to be this, I think there is massive opportunity in the space as well. I think everyone would recognize that and I think the opportunity here is to figure out, to separate the signal from the noise. With all this big data out there, there's lot of data and so on, but there's some value in that and obviously we've got 150 people registered for this event. I see that there's probably about 100 in this room, at least. People see opportunities here. Why don't we get the panelists to sort of dig down a little bit and say, "Okay, despite the fact that there perhaps is a bubble, where do you see the value? Where're you guys triaging this? Where're you seeing the efforts that are useful in creating value?" as Anthony said in his opening remarks. I don't know who wants to take that first.
Anthony: Yeah, sure. Definitely. As I said in my talks this is going to be massively disruptive on every sector and it's going to take time and it's going to take many, many years, because I haven't seen any value really created yet. But we're seeing the companies forming and the ones that do have long lasting value will be the ones that really do change all these different sectors, and the different sectors that you're part of here, will be massively disrupted. Things will be cheaper. We're going to be races down to 0% commissions because as I mentioned this is a disintermediation technology and if you're not creating value then you're not needed anymore. Right now the third parties make things more expensive. They make things more expensive because they're facilitating trust between individuals and they're charging for that. That rent seeking model. It's a model we see in many areas. It's what Uber does. It's what Airbnb does. They basically provide a service. They charge a fee and they connect riders and drivers. But there's going to be a time where there no longer going to be needed there and the connection between the individuals will go right through the technology. Which will make things cheaper. Which will reduce percentages and eventually it's going to go down to zero and what I would like, and what I've tried to think about for years, is what are the new ways of making money. And that's what's going to emerge. If we think these rent seeking models are the only way that they can work, it's how most of you probably charge for your businesses, you're charging a fee, you're providing a service. Well, when that kind of disappears how do you still remain value between human interactions? That's what should really be looked at and thinking, "If this way will change, you know, and we think that's the only way it works right now, what if it doesn't work anymore? And what's beyond that? How do we still continue to create value? And how do we, as things go down towards zero, still remain relevant in the interaction?" It's about solving problems and about saying, "If this doesn't work anymore, and it eventually won't, what can we do instead?" It makes you start thinking outside of the box and that's what the innovations really happen.
Ian: Wow. Sunny, you're obviously doing this day to day basis and you're taking friction out of the system by allowing people to trade Bitcoin in your market. What's your reflection upon what Anthony's just said?
Sunny: Yeah. So for me the revolution behind all this is the fact that, just let me ask you a question. If you're not passionate about money don't put your hand up. Right? I'd say that unanimously everybody loves money. We all go to school our whole lives. We get into fights over money. We get into wars over money. I would argue that money is probably the most misunderstood thing that everyone of us is passionate about. So, to me the thing that really excited me is when I learned about Bitcoin, prior to that I did engineering so I had somewhat of a technical understanding. I also ran my own financial brokerage. So when I discovered the white paper about Bitcoin, to me, it just struck me like the future of money. So if you like money then I would really pay attention. Then the other element is that it's essentially like, if you like the internet, then this is essentially like the internet and money coming together and having a baby. Right? So some of the things I like about Bitcoin is that it's open source. Right? There's current financial models, Swift, and all these other things are not open source. They're run by a couple of people and servers and big buildings. Bitcoin is run by thousands of people like us. Like you. I love that. The fact that it's open source. They don't hide anything. The fact that it's decentralized. There's no central point of failure. Right? I just think that the Bitcoin has solved a lot of the trust issues that Anthony alluded to. I do believe that there are a lot of other industries that technology will tackle. But for me the real revolution is just understanding that. And my recommendation, anybody who's interested in this base, really just go buy ten dollars' worth of Bitcoin. That's it. Just go buy it. Because if I told you for hours and hours about email and SMTP technology and all that you'd just go blue in the face and you wouldn't even care. But if sent you one email and you sent one to your grandmother and you just played with it you'd probably never go back. I would just highly recommend just go buy like 5, 10 bucks worth of Bitcoin or just ask one of us, we'll give you 5 bucks worth of Bitcoin.
Ian: He's offering to give you Bitcoin.
Sunny: I mean Anthony. Anthony's going to give you 5 bucks.
Anthony: Anybody still using Bitcoin?
Ian: Any reflections? Alejandro, obviously Sweetbridge is trying to reduce the friction in the supply chain space and you threw some numbers out there which were staggering. Any reflections on that?
Alejandro: Yeah, I think you got the picture now about the opportunity that we're facing and the general disruption and valuecreation that Blockchain brings to our world. I think, two fascinating pieces for me. One is, traditionally, in the global world that we live in you have seen, or you will see, that self-organized networks can address or tackle bigger problems easier than traditional states and centralized organizations. We're starting to see an acceleration of that. Bitcoin was probably the first one that was able to tackle that. But where I see the opportunity really going forward is more on developing enterprise grade applications of the Blockchain. So far we've seen the majority of the projects being consumer based, or small groups of concept, but once it reaches enterprise grade then you're going to see a lot more usage and adoption.
Ian: Cool. Troy, any reflections on what you've heard there? Whether some of the companies you're looking at investing into how you're discerning value from without trying to reflect upon the bubble?
Troy: I think the first thing I was, it's very, very, very early stage as well reiterated. But what I would look at for a Blockchain company, or an ICO, is it Blockchain-able? Right? These are known as what's called protocol applications and this idea that Blockchains are in its infancy stage. They can't scale yet. There's many different competing Blockchains that are looking to provide different solutions to those scaling solutions. Ultimately, ICO's that come to the market, that try to dress Blockchain problems, I think are perceived to be higher value to us in the digital currency eco system. I think, those right now, we're in sort of hype craze where this idea I can't raise money in venture capital. I can't raise money from investment bank. I can't raise money in public markets but I can do an ICO and raise 50 million for my Blockchain-able dating app. Right? That type of stuff. I think we're all very cautious of and those are the types of opportunities that we're saying no to. We're looking for those types of businesses that are Blockchain-able that are really solving problems in the Blockchain space.
Ian: Okay. So dealing with the trust issues and disintermediary things where you've got a bunch of unnecessary intermediaries in the process.
Troy: Yeah. So, a classic example of a newer ICO that came out that we were interested in was one called Chainlink. Chainlink is addressing what's called the oracle problem. It's a real issue that needs to be solved in Blockchains. It's this idea that in order to execute a smart contract you actually need an external data source. Right? You need to bring that external data source into the Blockchain and in the smart contract in order to execute. There's all these sort of questions about the validity of the data source. The accuracy of the data source, etcetera. Chainlink is one example of here's a real need here. We believe in smart contracts. We believe that it's the future and they're providing infrastructure protocol layer, solutions to those problems.
Alejandro: Can I just add something? I think it's a very valid point because just moving an application to a Blockchain does not necessarily solve the fundamental problem that society, or businesses, are facing. In the case of supply chains they're naturally decentralized and non-trustworthy environments. Right? What I looked at when I looked at different projects is are the parties naturally centralized then they are a good fit for the Blockchain. Is there trust issues between parties where they don't necessarily want to open up and share all the information with each other. And third, is there a controlling mechanism of the data, and the gatekeeping aspects of the data that they share, that could be potentially solved automatically without a third party agent but by the Blockchain. If those three are fulfilled I think it's a good case study for Blockchain technology.
Ian: That's very helpful. That's very useful framework. Thank you. I'm going to ask one more question but then think about your questions here and, by all means, raise your hand. We'd be happy to take some questions from the audience. I'm sure there's some folks here that have a bunch of more questions. So, I want to focus on the fact that this is really global. Right? So this is a truly global phenomenon. We're seeing Blockchain businesses arise from all parts of the globe. We've got people here, Anthony, obviously you're based in Toronto, but you're representing groups all over the world. Sunny, you've talked about India. Alejandro, Sweetbridge is US based. And Troy, your experiences are beyond Toronto, obviously. Can you give us your sense of many of your active, in fact from our perspective we've been in an opportunity to engage with all kinds of lawyers around the world and other financial advisors that we're working with, you know, a broad range of people that are doing some interesting stuff. We're also seeing people looking for some regulatory arbitrage. I don't want to get into where to do your ICO. I'm more interested on the business side of things. Where do you guys see the opportunities? Where do you see the vanguard and where do you get excited? I don't want to delve into, let's leave aside Canada for the moment, where do else in the world do you see this true innovations happening that you get excited about? And, Sunny
Sunny: I'm somewhat biased of it. Just to back up one second. So I am Canadian even though I maybe don't look it. I was born and raised here.
Ian: I'm not sure what a true Canadian looks like anymore, frankly.
Sunny: But I'm just trying to say that we have over 100 employees and our company is growing. But I think there are some fundamental challenges. I'd love to bring our company to Canada but I think when you look at things like banking, you look at regulation, mostly banking, some of the challenges are pretty intense. About India. A couple of things that excite me. You'll often hear people refer to Bitcoin as digital gold, right? When I first discovered Bitcoin 5 years each Bitcoin was ten dollars. Today's Bitcoin is worth eight thousand dollars.
Unknown: Seven thousand.
Sunny: Seven thousand. There you go.
Unknown: That's US though. In our dollars.
Sunny: In Canadian it's eight thousand. Right? India is the largest gold market in the world. Indian women own more gold than the United States government. Right? So India also has the most number of IT professionals. If you couple those two factors together we think that India has a huge upside. I just read yesterday that Indian temples have over a trillion dollars' worth of gold buried under them. Right? Gold is highly valued. The second thing that I think makes India interesting is that Bitcoin and Blockchain and this technology also stands to disrupt remittance markets. Like Western Union and whatnot. India's also the largest remittance country in the world. More money goes back in India than any other country from foreign workers. I think those are the two big opportunities. So again, digital gold and potentially solving the remittance problem. Then third, and a more distant solution, I think people are looking to solve the un-bank problem as well. How do you bank the un-banked?
Alejandro: I'll go next, yeah. I think, again looking at it from Sweetbridge centric point of view, supply chains are global. Therefore you need to operate in a global environment. But to your question specifically of where is that companies should be attracted to? What are the environments that facilitate Blockchain startups? I looked at it from four different elements. One is, as Sunny referred, is speed and agility that you're able to operate based on regulation existing in that jurisdiction. The facilitation to jump in new innovative ways to raise capital, like in the case of Blockchain, would be through an ICO. Tax structures. Some countries are more favourable on their tax structure than others. Lastly, and very importantly, the community that supports the Blockchain environment. There's countries and jurisdictions that are leading in that end and others that are falling behind and trying to catch up. There's not one place that I could tell you go there because it has the perfect mix of all these elements. You just have to make your decision based on the priorities.
Ian: Troy, Alejandro gives us an interesting framework. How can Canada become a global leader in this space or can it? And where do we have advantages and where do we need to work on those advantages? Where we need to improve ourselves to take advantage of these situations?
Troy: I think, obviously, regulatory certainty would be nice. I don't know if I can think of any other industry, or any other business, other than maybe Uber, for example.
Ian: Okay.
Troy: Where if you were to talk to someone and say, "What are the risks of digital currencies, ICO's?" specifically, the number one thing should be regulation. They'll say regulatory. Governments will shut it down. Right? Regulatory authorities are not sure what we can do. Right? Everyone's monitoring OSE press releases, SUC press releases, very, very diligently. Right? This idea of providing a clear and transparent regulatory framework for economic growth in Canada goes beyond theoretical. Okay? For example, the Ethereum foundation is located in Switzerland. All right. But yet it was actually founded by Anthony like right down the street on … King. Right? So that's like literally in our back yard. I can't think of a more clear example of business, potentially, or capital or people immediately relocating somewhere else for a more clear and transparent regulatory framework.
Anthony: There were reasons why we set up and moved things to Switzerland. At the time it was 2014 and you could work with, very easily, with the different cantons, the different provinces in Switzerland. You can work directly with the governments there and you can provide a business plan to them and they'll accept it. You can do it very quickly with them and it was very simple for us to do. We actually also got approved pretty much as a currency in Switzerland. That made it easier for us as the taxes didn't need to be paid on the money that was raised when we raised capital through that. Things like that is stuff that countries around the world are setting themselves up for. They're saying, "We have the potential here to be a dominant player, to be embracing these technologies, to encouraging entrepreneurs, to encourage startups." That's what I think Canada should be doing. In my very early on I did a lot of community building. A lot of setting up organizations to help promote these digital currencies, promote cryptocurrencies, promote decentralized technologies. I think took a few years to do more business stuff over the last few years. Now I'm going to start shifting back again into doing more of that ambassador role. Doing more of that. Really ensuring that what Canada does here is going to ensure that we are going to be leaders in these new sectors that will emerge. To ensure that we're going to have new jobs that will emerge from these sectors. I'm going to start kind of shifting more into that focus again. That's something I'm excited to be doing but we can definitely be embracing it. We can be ensuring that the regulators are properly informed and educated. That's the biggest thing is that probably like a lot of you in here you don't know how to grasp it or handle it or really know what it is and what you can do. It can be quite confusing but it's up to people like us and it's up to other in the community to be going and making sure they're properly educated and understanding the potential we do have to be global leaders in something that will be more larger than the internet.
Sunny: I'd just like to double down on that is that when Anthony talks about being a global leader, so, five years ago when I started my company I was actually living in India at that time and I was missing these meet ups that this guy named Anthony was hosting in Toronto. Because I wasn't here I actually saw what he was doing and started the meet ups in India that have now grown to become the largest meet ups in India. And through that I met my co-founders and we started our company. When we think about Canada and this whole Blockchain thing being on the map, with respect to Canada, I don't want to big him up too much, but this guy to the right of me singlehandedly put Blockchain on the map. Not only did he have an impact in Canada he also had an impact on guys like me who started companies in India. Give him a big round of applause.
Audience: Applause
Ian: Thank you. Education. I think that's key. We took the fact that we're one of the most educated communities in the world and we spend lots of time and energy helping our kids, and our young people get educated or re-educated, depending on the circumstances. We've got some experts up here. Who in the audience has a question and wants to get a little more educated. Yes, Sir.
Audience: On that note, just moving further towards the government side, how do you see the inherent conflict of interest playing out over time from the cryptocurrency side and what governments need to do on their end with taxes and spending and some form of control over that system. We're talking about essentially removing central banks from the equation if you look far enough out. So, how do you see that playing out?
Ian: There's a tough question. Who wants to take that on?
Anthony: Who wants to take that? Do you want me to take it?
Ian: Troy?
Troy: That question comes up a lot. I think, first off, it's going to happen slowly. Right? It's almost like we're jumping to the end of the experiment. 20 years, 50 years, 100 years in the future when the entire economy is Bitcoin and I think that's highly speculative to think that way, in terms of what happens if this or that. Right? It's going to happen slowly over time, if it does happen, (a) and (b) if it does actually slowly grow to become a global reserve currency, it got there because that's the way it should happen. It's because globally it scaled and you had millions and millions of people all around the world using this very disruptive important technology, right? And they trust it, right? Andreas Antonopoulos is the leading speaker in this space. He always talks about this idea of Bitcoin costly being attacked. Then it comes back stronger. Right? So if in fact Bitcoin does become this major reserve currency replacing all the central banks it's because that's exactly the way things should have proved out. Play out, in my opinion. It's a free market based approach to currency.
Ian: Any reflections on that?
Anthony: I just think this is creating a number of tools that are going to enable a lot more freedom. They're going to enable a lot more ways, we'll look and say, "What's going to happen?" Usually that's fear based. It's like, "How are possibly going to deal with this things?" Well, the problems will get solved. Better ways will emerge. These technologies will consistently help improve our lives. They will liberate us from certain things. They'll provide more freedom in many different areas. That's really the important stuff that I can focus to. All the benefits that are going to come from these things and over time we'll figure out ways to solve these problems. Problems of saying democracy right now is pretty much 51% of the people saying and being able to tell 49% of the people what to do. It's pretty much what it is. And is that the best system? There's a lot of fraud that occurs in voting systems around the world and maybe that's a tool that this technology can provide, through mathematics and through better ways of transparency, to ensure that that stuff doesn't happen. There's a lot of benefits that are going to come out and will emerge as we slowly change the system into a more appealing system that will be better for more people. Because right now the system isn't great. It's the best that what we have right now. These tools and these new systems with consensus based transparency systems and decentralized systems and permissionist systems will lead to better value. Will lead to better benefits for us and for people that don't have even similar systems to what we have right now. Those billions around the world are really going to start seeing benefits and they'll start be added to the global economies and that's where I tend to focus. Rather than going, "How are possibly going to deal with this stuff?" Well, with taxes, how will it be collect in the future? Things are going to maintain the way they are for quite a while. But slowly, I think gradually, it's going to start improving and actually will lead to a lot of benefits.
Sunny: Ben Bernanke was just in town a couple of weeks ago. He was the man who printed all the money in the US and he was literally hired by one of the biggest Blockchain companies to come to Toronto and speak about the future of this technology. My point being is, and the central banker of India, the former central banker, Raghuram Rajan, is an electrical engineer. He was the chief economist at the IMF and he's been asked about Bitcoin and he said he believes that some sort of technology like this will be at play in the future in the India. So, my point is that I find when you pit these types of technologies up against an institution, these kind of confusions come up. But when you pit it up against an individual, when you actually sit with Ben Bernanke or Raghuram Rajan or an individual that works in a bank, and you explain what this, I've never had anyone be able to articulate why this shouldn't happen.
Anthony: It's interesting that you say that. I'm reminded of a quote by Milton Friedman who in 1999 said, "I think the internet is going to be one of the major forces reducing the role of government." and then he went on to say, "The one thing that's missing is yet to be developed is a reliable e-cash." And this is 1999. This is 9 years before the creation of the Blockchain …
Troy: And that's because back then anything electronic could be duplicated. And that's what was solved and that's why this stuff can start taking off.
Ian: Right. So now we're moving to the internet of value. The economists have got this concept for a long time. I guess what I'm concerned about, and maybe you guys can reflect upon this, and then we can take one more question from the audience, is disruption has happened in a lot of different sectors, both on an industrial level and on a digital level. We've got a fairly established, and perhaps a bit clunky, legal process to deal with, corporations that fail or businesses that fail and get disrupted, and we kind of deal with it. But when governments get disrupted, and we've seen what happened in the airSpring and others, it's quite often kind of nasty. You guys are all optimistic and I think that's really important but how do we address the concerns around disruption that's going to happen, especially if fiat currencies are going to be impacted, and ways in which elections take place in democracies? I know that's a hard question but, Anthony, how do you answer that question?
Anthony: Can you say the first part of that again?
Ian: How do you deal with disruption that's going to impact on a governmental level?
Anthony: So, you said on the fiat side of things. So, this stuff is coming and it's not going to be able to be shut down. These are decentralized technologies that live on their own, that are going to come, and unlike things with even the internet or things that are more controlled, this is actually going to lead to some really interesting things and a lot of great things and a lot of scary things are going to come from it. Right now we're testing things like Bitcoin so we're starting to see how are people bringing this type of thing. It's been around since 2008. It's a long time already. So we're seeing, gradually, how people start using this. How it's growing and because of it's amazing values and equalities I think it's just going to consistently be going. I don't know how governments are going to actually, you know, maybe when it starts getting more valuable, more important, but they're also scared to ensure that they're not stifling innovation. That's a big thing and it's that balance of the two things, of how do we make sure that this isn't disrupting the whole way things are working, but at the same time we can't be shutting this down because people are going to go elsewhere. We do live in a global economy and people will be going to, we see a lot of stuff happening in Japan. We see stuff happening in Korea. A lot of great things in Hong Kong. Singapore. Guys that when China says "We're shutting this down. We're going to ban it." it's just going to happen elsewhere and the other guy's going to take advantage of it. They have to be very careful in how they are dealing with this. It is a fine line that needs to be balanced because there are definitely tons of great things that will come out. And definitely, yeah, there will be some scary things and some things that they have to be concerned about but hopefully they don't let that stop them from really embracing bring this forward.
Sunny: I was just going to say, I actually think it's really cool, or sometimes really interesting, to say things like it's going to disrupt government but I actually don't think that's going to be the case. I actually think it's just going to exist in parallel. Just like email has not replaced the post office. In fact I think that this technology, if anything, will actually help keep governments and banks more honest. Because if you keep printing money the price of Bitcoin will keep going up.
Alejandro: I'll just add really quick that with any innovation you're always going to have foolish actors that will do harm if they get a hold of the technology and you'll have good actors that improve society and the benefits of society. As far as the future of fiat, in regards to crypto, I think we're still thinking, within the context of fiat as a legal tender, but it's no different than how you have a rewards systems with your credit card company. That's some form of currency that you get to use within that little system and then you use fiat within a certain system and you use the credit card within your certain systems. It's a method of payment. If I had a crystal ball I would say in the future, yeah, you're going to see an emergence of more tokens. There's going to be an abundance of tokens and those that subsist will be based on the utility value that you can get out of that token. There could be a token that is used for supply … payments. And there might be a token that is used for paying taxes. Coincidentally, if you look back at the history of money, as Sunny said, in the 1800's there was thousands of bank notes in circulation in the US, right. There wasn't a single one that people used. In some ways we're regressing towards that environment by having this plethora of tokens but I think there's going to be a process of elimination by utility of the token.
Ian: Right. There's something like two thousand cryptocurrencies out there today and there'll probably be a lot more in the future but perhaps a winnowing down to the ones people see of real value. We have time for one more question. Going to get one from towards the back there. That gentleman right there.
Audience: I'll just speak louder. It's okay. To your point there, the existence and emergence of a lot of tokens, do you see securities pairing out to … … Do you see those tokens being posted one or two dominant platforms like Ethereum? Or do you see many platforms?
Alejandro: Well, that's a better question for Anthony.
Anthony: Right now I think Ethereum is the dominant platform that people are using because you can very rapidly and very easily deploy tokens on top of Ethereum without having to create your own back end infrastructures. But I think there will be more platforms that will emerge. I don't know if Ethereum will be the dominant one down the road. Nobody does. I think competition's always great and we do see, I know a project that's coming out that's using Stellar as the backend. I know Omni's still got some stuff going on but definitely right now it's all Ethereum. It's the dominant force. It's so much simpler than creating all the back end infrastructures you would need to do. It's already baked into Ethereum. You're kind of riding the rails of the Ethereum network when you do these launches. It's very simple to whip up tokens and that seems to be what everybody's using right now.
Troy: I think also the question was liquidity between Blockchains. So this goes back to my earlier point about protocol layer, tokens that we like to invest in. There's this … called cross gene atomic swaps where a number of very innovative leaders, technology leaders, in the Blockchain space are basically trying to build up this technology that allow tokens to be traded Blockchain to Blockchain without an exchange. That project, or projects, are sort of being actively researched right now. That would effectively create true token liquidity because you can immediately move from token to token to token to token. There's an active liquid price globally without going through a central exchange. That's an example of where Blockchain is going, ideally, in the future. Right now it's still in the development stages but we're very excited about it.
Sunny: I just want to say one last thing. For people who are asking about government, and whatnot, on December 8 I'm flying the 38th director of the US Mint to Toronto along with 30 other prolific people. We're going to do an event with Gowling so if you're really interested in hearing, not from us, but from people who have been in the system, yeah, December 8. And if anyone wants to take me up on the Bitcoin proposition, my email's sunny@unocoin.com.
Ian: Excellent. So, any final sort of reflections on … and the space before we wrap it up?
Anthony: One thing that I've tried to do in the industry is not to pick winners and losers right now. I think that it's way too early, still, and I think, too, the business I do right now is creating wallets for all the different cryptocurrencies. I realize when I first got into Bitcoin, and soon after when we did Ethereum, it's not all about Bitcoin. Then I realized after leaving Ethereum in 2015 it's not all about Ethereum. It's a wide eco system out there so I've always tried to support the entire eco system and try to bring people together. That's why we create the wallets, the interface, that kind of, enables people to manage these digital assets and to move digital assets. Taking more of a holistic approach to the entire eco system, rather than banking on one or two technologies, might be a smart play and move to do. Knowing that we are so early on right now, and things are going to be changing rapidly, kind of not just focus on one particular thing but really spread it around in a time like this where things are still emerging.
Sunny: I would just say don't rely on experts. Don't rely on reporters. Just do your own research. Go on Google. Go to these meet ups. Go to these events. Really try to learn this stuff because if this passes you by, and next year we're sitting here and Bitcoin and Ethereum are 10x or 100x, you're going to regret it. So just read and if you don't like it then don't mess in it but don't not read.
Alejandro: I would echo that. Just get involved if you have an interest in the technology. There is many, many projects out there like Sweetbridge that have ambitious goals and we cannot do it alone. We invite people with certain expertise, legal expertise, financial expertise to come join us and help us shape that vision. There is many projects like that so get involved, participate and that's how you are going to learn.
Tory: Sure. I would end it with everyone sort of has their light bulb moment, right? The quoted time that a person first hears about Blockchain, or Bitcoin, and them actually buying it is generally two years, is a number I've heard quoted by a number of digital currency experts. They wish they'd gotten in earlier. I would just recommend really, really understand it. Do a lot of reading and, ironically enough, one of the best sources that I use is actually Reddit. I use Reddit. Then you can go to coinmartcap.com and you can look at the largest currencies. I would just add the largest currencies and join them with subreddits and basically what you have is the crowd source news and opinions of that specific community at any given time. As you start reading through those articles you start picking up a lot of the technical knowledge. You start getting an understanding of what makes this Blockchain different and you can begin to understand a little bit of the eco system. That's where I get all my information.
Anthony: Can I just say, at the same time, be very cautious with Reddit because there's a lot of trolls and a lot of shills. It's very dangerous. I've stopped reading Reddit a long time ago. You can really get lost in a lot of misinformation as well on there with a lot of comments. So please be also very cautious with what you're seeing there and anywhere else in general.
Ian: That's great. But you know what? We could go on for another half an hour, sure, and it's unfortunate that we have to wrap it up. I just want to thank you folks for being very generous with your time. Being very generous with your ideas and very collaborative with our audience. Thank you very much.
About this seminar
Gowling WLG's Toronto office hosted a breakfast roundtable on Nov. 2 with members of the blockchain community. At the session, pioneering groups - including Unocoin, the Blockchain Association of Canada, Neptune Asset Group and Outlier Capital - shared their experiences in the application of blockchain to businesses.
Gowling WLG lawyers at the forefront of the blockchain movement also provided a legal update about the latest developments in this rapidly evolving field, from capital markets (initial coin offerings, investment funds, underwriting, public transactions) to blockchain litigation and more.
CPD Credits
This program consists of three videos that count for up to 1.5 hours of substantive credit under the mandatory CPD requirements of the Law Society of Upper Canada. The videos also count for up to 1.5 hours of credit under the requirements of the Barreau du Québec, and up to 1.5 hours of CPD under the requirements of the Law Society of British Columbia.
Usman: Perhaps we can start off with a little bit of background. Manie, Ian, about a year ago I'm sure many of the people in this room had not heard of an initial coin offering. Had not heard of cryptocurrency exchange. Had not heard of crypto investment fund. But now we have Paris Hilton marketing these products. We have Floyd Mayweather, the boxer, marketing these products. We have just an astronomical amount of funding going into this area. Maybe you can give us a sense of background. What's going on this space and why has there been this flurry of activity, particularly in the last year, and perhaps even within the past six months?
Ian: I'm going to let Manie speak because I've already spoken a lot.
Manie: I think that the main drive is, of course, there's money in all of this and people have used traditional methods and I know we, in terms with all the hands going up, there's a lot of traditional bankers, and I think some regulators present here as well, all the hoops you have to go through to register, to set up a fund, to be a security, to be compliant in turn, so forth, have created lots of obstacles in a number of places in the world. So, money like we heard about Bitcoin earlier on, finds a way, trust me, to try and do things differently. I've just come from the Crowd Invest Summit in LA and I'm speaking at the World Funding Summit in two weeks' time back in LA again. I have Brock Pierce on one of the panels that I've set up. He started the first Fund Blockchain capital. Invested in 38 initiatives in this space and he gave figures of approaching $3 billion. Now, 12 months ago the number was zero. It was raised through ICO's and ITO's and TG's, whatever it's called today, and the projection is between 20 and 30 billion by next year. So, when I read about a bubble in the press, this ain't the bubble yet. It's just starting. The interest and the appetite for money to become more liquid, we heard that term earlier on, for capital that has been invested in gold and silver and mining operations. I have some clients who want to turn mining operations into ICO's. It's possible, trust me, it can be done. It's spurring a whole new way of looking at money. Of managing money. Of creating liquidity, which of course is confusing the hell out of more traditional folks with traditional approaches and mechanisms of managing and regulating and licencing the management of money. I think the challenge has just started and I always like to say Canada is the centre of the universe because from here you can go anywhere in the world. Our challenge is if our young startups and entrepreneurs don't get satisfaction here they simply go elsewhere. So, we're going to talk about that later on. But the game is on. Big institutional investors are stepping into this game and I'll quickly give you an example. I have a client down in California. One of seven states that treat Bitcoin as a commodity. Together there are over 70 IRA's in the United States. Sitting on over a trillion dollars. They want to put $200 million into Bitcoin and they've asked me to set up a fund. Just to give you an idea of how fast and how quickly, in a regulated environment, because remember like a precious metal a Bitcoin is treated in seven states in the United States as a commodity, so the regulations are already in place. The whole way they manage custodian accounts. The whole way your Bitcoin is stored on a hard wallet, similar to vaulting gold and silver, they got it and they're good to go. And there's already seven funds up and running with 70 more wanting to get involved. There's money coming into this space. There's highly liquid, doesn't care about risk money, $200 billion worth sitting in cryptocurrencies looking for a place to go. Again, how we manage this and yes, the Paris Hilton's and the Mayweather's of the world have become poster childs, if you wish, or cheerleaders for a whole new way of raising capital and investing it. What happens with it is another matter. I'll quickly chuck in a prediction here then I'll stop speaking. But I think 90% of all startups, as we all know has been in the startup space, will fail. And I predict the same will happen with ICO's as well. They simply won't take off or they'll disappear. So, yes, be careful. I've seen some insanely great ideas on the Blockchain and the cryptocurrencies I've also seen insanely stupid ideas. Things are actually out there having raised hundreds of millions of dollars and I don't know what they're going to do with the money. They literally themselves don't know what to do with the money. They call me. It's a bit of crazy wild west space but the game is on.
Usman: Ian.
Ian: Well, I like that the game is on notion. I would agree. I think what we're seeing is, we've seen the first wave. I think that stat I heard was $2 billion raised up to the end of October. So, $3 billion doesn't surprise me and, frankly, the numbers don't surprise me and I don't disagree with you on the fact that this is risk capital and it's the next generation of wherever this capital is getting invested. I think though that we've seen over the last few months is the first material reaction from regulatory authorities, both in Canada and elsewhere, with respect to ICO's and I think we've had a chance to digest some of that. The previous panel talked about lack of regulatory clarity being a material issue. I think that's true. Because there's such enthusiasm, because so many opportunities here, I think people are just trying to address it and they're finding ways to address it. The areas that we're seeing where regulatory authorities are looking at now are obviously ICO's, as being whether they constitute securities or not, whether the capital raising activities that they've undertaken, or have been done in accordance with applicable securities from a registration standpoint, and we're seeing some attempts at regulatory arbitrage between different jurisdictions. But, frankly, more and more jurisdictions are sort of speaking up and saying, "Wait a second here." New Zealand yesterday, I think, came out and said "We think it's a security." So, in most cases, that's not surprising. It's sort of consistent with a lot of other major jurisdictions. I think what we are doing is we're digesting those initial reactions from regulatory authorities and we're helping companies address that and adjust their expectations and adjust their play ends to still take advantage of this great opportunity, but in a manner that doesn't offend the regulatory authority, regulations that are in place today. Now I think the other side of the coin, and I don't want to get ahead of ourselves in questions, is how do you influence the regulatory authorities and governments to adjust the mechanisms that are in place to take advantage of these innovations in a manner that is not going to put people at risk.
Usman: Did you want to say something else?
Manie: There's a bit of a story … that I want to pull here. Too many ICO's approached me and I literally, I'm one of those also get 10 calls a day, say, "But we have great advisors on our team and yes, we're going to figure out how this token is going to get done." And I ask them, "Have you spoken to a lawyer?" And they say "No." Now that's already a sign that these guys are just winging it. They just want get out there and catch this wave. You need to get your lawyers involved. Lawyers talk to regulators. Lawyers don't set people up for failure. They set them up for success. It's a great time to be a lawyer in this space by the way.
Usman: We really pay him to say that by the way.
Manie: Because the next challenge is going to be, and thanks to Gowling we hosted the MME Thomas Linder in Vancouver two weeks ago– fullull house. These are the guys that actually helped Ethereal set up in Zurich in Switzerland, which is now called Crypto Valley. He started illustrating the way the thinking is already at with this whole token thing. I have two very important points to make on this. We need to be very, very careful when we start treating token generated events as a security. You just heard me say earlier on 90% of these things are going to fail. If you start declaring things securities and they fail it's going to be a mess. So you must be careful to certainly label every token, whatever it is, as a security. So we need to be careful there because the next wave of token generating events is not going to be the infrastructure, as you heard on the previous panel. Blockchain platforms and Bitcoin and so forth, it's going to apps. The apps as we call it. Distributed, or decentralized, applications like wallets and so forth. That's the big wave that's coming. 90% of those tokens are not securities at all. So, we also need to educate ourselves and get into the game from a regulatory perspective, from a legal perspective, but also the people who put their business models together. We need to become clear about the language. What this token's going to do and what are we going to do other people's money that are obviously prepared to go and risk putting it into your venture. There's a whole state of play, and I think these will be many events that if you're going to engage in this game, that you're going to need obtain, and not just do … please, … it can get scary. Lot of spam. A lot of misinformation. You need to just become informed and I think events like this is obviously going to help the process.
Usman: Okay. Let's do perhaps the deeper dive into initial coin offerings. Manie, somebody wants to do one of these ICO's, ITO's, token sales, token generating events, whatever you want to call them, what is your role in that process and what are some factors that you ask those parties to consider?
Manie: Well, again, we look at the role models and I'll keep mentioning Switzerland because I think they are ahead of the game. They have a more liberal environment than we do, but having said that, there's no reason why we can't do a lot of what they're doing. They have a very stable financial system with good regulations and a way to do remedy if things go wrong. I then think Canada should be afraid to experiment a little bit as well. In fact that's the words used by some of our Ministers of Finance. We're organizing a webinar as the Blockchain Association of Canada with all of the Minsters of Canada, finance and their representatives, by the end of this month to talk about Blockchain. To talk about token generating events. To talk about how we can keep pushing innovation and investment into this space going forward so we don't lose the next Ethereum's to Switzerland. But also grow the skills, talent pool and, again, the regulatory know how and go to, to support these ventures. In terms of where we're going to go with ICO's, again a statistic, the World Funding Summit people did a research. They had just won regulators of ICO's. Has got 600 ICO's on their books. In the pipeline, 150 already processed. I'm tracking 20 more regulators of ICO's in production around the world. If you just think about that and the scale of this thing, one can start thinking and to what degree can Canada capture that market. Not push away that market but capture it in a way that's all compliant and we don't create more risk inside the system. The other note around advisors, the Mayweather's and the Hilton's of the world, is the role of an advisor on any of these ICO's has changed. It's not just being a poster child, or cheerleader, for somebody's event. My background is legal and I used to be corporate secretary on many publicly listed companies from here to India to South Africa and elsewhere and the role increasingly of an advisor is to really become a custodian for what are usually youngsters, with respect to trying stuff. Using other people's money. One is there and involved and responsible, partially, for getting it done right. For making it compliant. For making sure that what was the original vision doesn't end up spent on a yacht in the Caribbean, which does happen. Trust me. Sorry, a hand up.
Audience: Out of the hundreds of ICO's that you've seen, how many of those are currencies and how many of those are tokenized representational assets?
Manie: I think the more mature ICO's are really digging into the whole, what we call a utility or an app, token. Ethereum's was what we would call a platform or a protocol token. Which probably would have, if we did it in Canada, would have been deemed a security. The challenge was do we stay here or go to Switzerland where they said, "Let's give this a go." That has to play out from the protocol, or an infrastructure token thing, which puts you in the security camp, and the new token's that's coming which is, really, it's like if you have an Airmiles, for instance, is a good example. Your Airmiles is partially a reward. Partially a loyalty scheme. Partially returning you as a customer type of token that's in play. That's a completely different animal and we're going to see a raft of those coming. From financial institutions. From retail sector. Alibaba is a leading example in this space. I'm consulting to a competitor to Alibaba in China as we speak. I'm off to Shanghai next week. Who want to enter the North American market and tokenize their offering for wealth management millennials, to give you an example. That token I would not deem a security. We're going to test it with a regulator and obviously work through good legal advisors. That's the new play. 90% of the future token issues, I believe, will fall in there.
Audience: Thank you.
Usman: So, Ian, why don't you talk a little bit about the role of counsel on these initial coin offerings. What of lawyers, including Gowling's, been doing in terms of an ICO when we're approached?
Ian: So, I think I mentioned before that we saw the first wave of ICO's, and I think Manie's right, at least anecdotally, a lot stuff didn't happen with a lot of legal advice in it. If you look at white papers of some of the early ICO's, I'm sure they're technically adept, but from the standpoint of somebody who reviews offering memorandum and other securities related documents, risk factors and other sort of considerations we would expect to see in those kinds of documents are completely absent. As far as the role of the lawyer involved in getting an ICO completed, I think there's a few things that happen. The first one is really, the gating item is, is it a security or not. At least in Canada we've got some guidance from the CSA around that and the distinction between whether it's a utility token, and potentially not a security, or whether it falls into the camp of a security. The CSA's come forward and said that we think most of these are securities. But again we've got to remember that this stuff is evolving very quickly and Manie makes a good point about the nature of things that are happening. So, that's certainly one of the first things that we get involved in and we dive deep on this. The notion of what is a security and what is not a security has been discussed in court decisions over generations. Some of the case law we've had to pull out is rather old, and as a sort of legal historian, it's interesting to go through that kind of stuff and then apply it in present tense. That's sort of step one. If it is a security then we have to deal with the circumstances that arise. So if you want to do it, a token generating event or an ICO, and you're pretty confident it's going to be a security then you've got to think about in the context of what exemptions are available under applicable securities laws to issue those securities to the people that are acquiring them, and what protections do you need to put in place, and what compliance requirements do you need to establish and address some of the points that Manie had said. From our perspective that's the process to get to that stage. Where you get into where it's not clear cut, or your business model is not accommodated by current regulation, then we're into potentially looking at engaging with at the OSC level, the launch pad, which has been established as sort of a sandbox, or test place, for adjusting these kinds of opportunities and people sort of complain about the fact that they don't move fast enough. There is eagerness to make sure that Canada plays a role in this space so I think they've actually been, as regulators go, they've been quite responsive. We encourage people to reach out to the launch pad, or go with them into launch pad, or engage with the other securities regulatory authorities across Canada. We've had some success with that. Usman mentioned some examples up front. The AMF released some decisions in regards to, and so did the OSC actually, with regards to impact and we've seen recent decisions with regards to the OSC in respect of token funder, which is yesterday started it's ICO, I think, as of November 1. We'll see if these are successful, and I think that we're going to test the waters, but that's the process that we place in the ICO's and, obviously more traditional role of documenting these types of transactions, as well and supporting the investors and the companies and the entrepreneurs.
Usman: Ian, if I could just stay on you for a second. So, we've seen a lot of parties come to us where mind and management is based here in Ontario, or some other Canadian jurisdiction, and they say, "I'd like to base my operation or my ICO raised from some foreign jurisdiction like Switzerland, or Singapore, or Isle of Man, or Gibraltar, where have you." Are there potential securities laws issues with that?
Ian: Yeah. I think people have to remember that the way to enter into securities laws, and generally speaking Canadian securities laws, are defined. I don't want to get to into the weeds on securities law, but a trade is defined broadly to include acts in furtherance of a trade. There've been circumstances in the past where the securities regulatory authorities have gone after organizations who have placed securities overseas but they've flowed back into Canada relatively quickly. People need to, if they want to play the regulatory arbitrage game and set up a facility in one of the jurisdictions that Usman has said, but still maintain their operations here and there's some concerns, and the securities flow back or whatever circumstance arises, the OSC has said that they will not turn a blind eye on those things. People need to keep that in mind. In my view it's not a silver bullet just to say, "We're going to set up in Gibraltar or we're going to set up in Barbados." It's not that simple.
Usman: Yeah. It's not only the OSC that has said that but also other Canadian jurisdictions that have told us that as well. So, let's stay on the issue of jurisdiction. Manie, you've travelled to many jurisdictions. You mentioned Switzerland where the MME folks are based. That you've been to Germany. You've been to many other countries. A lot of parties talk to you about the question of jurisdiction and where they should base their capital markets activities so, what are your thoughts on that? What are some trending topics there?
Manie: Well, for those who are considering an ICO here let me quickly run through all the jurisdictions that stepped up into this game. Isle of Man, Lichtenstein, Luxembourg, Switzerland, the UK, London partially, the Cayman Islands, Bermuda, Bahamas, Barbados, Malta, Gibraltar, Singapore, people are leaving Hong Kong for Singapore because of the Chinese atrocities, they're going to stop the banning of ICO's. You're going to have to become licenced so that announcement is coming which will restart the process there. And then we have our hubs and I think your typical Fintech hubs are going to step into this space as well. Having said that, what people need to consider who are busy, either have been involved in, or planning an ICO, there's nothing sinister if people don't do it in Canada. The main reason why people actually go to these other jurisdictions is for tax reasons. If you've raised a hundred million and you immediately have to pay 24 or 40% tax in the United States or Canada, that's a bit of a, I don't know, when you haven't even spent the money yet. That's a consideration for a startup or an entrepreneur. Also in the Switzerland if you're coins become tradable, which will become an issue for ICO's as well, it attracts GST. I think the thing that gets the OSC and other, SCC and others backs up, is similar to a Bitcoin. People call their tokens initial coin offerings. The moment you create a coin and it becomes tradable and it gains in value and it's on exchange, of course a security minded regulator's going to look at this. I think people must also stop using that formula. That puts the initial formula. If your just an Airmile, or token, or a reward, or a loyalty program, why the heck do you need to put it on an exchange? I think as people double dipping in the ICO space, quite frankly, they raise money, now they want to make more money. To do what with? As a business person, as a company secretary, I would query that. I think there needs to be some majority and I think the regulator and legal counsel is forcing people to really think more carefully about their approach, about the jurisdiction. Plus, a lot of Canadians, because of my Chairmanship role of Blockchain Association said, "If I go to Cayman Islands, am I okay?" I said, "Listen, are you still a Canadian?" "Yes." "You're going to be paying tax back at home. Don't forget that." It's not like you're off the hook. It's not a free range chicken situation. Things do come home. So, where you declare, how you declare it, how you set up your business, do you use a foundation, which you've probably all heard about Tezos. People I know, dispute between the founders and the people that manage the foundation in Switzerland, is coming back to bite them because there's a disagreement about how the money gets spent. Again, it has regulatory and legal implications. So think this process through. Use your legal counsel properly. It's not just about raising capital. It's about managing other people's money.
Usman: Did you want to add anything to that, Ian?
Ian: I think that's a really good point. I think that people shouldn't get too caught up in the very early stages of just getting the capital. You have to think about the governance of it over time. One of the criticisms I think that apply to ICO's, as compared to capital raising in corporations or limited partnerships or other vehicles people are more familiar with, is there's a governance component to them that's available to investors. It hasn't been the case with ICO's. There's going to be a maturing process around that. My guess is the ones that are going to be successful are the ones that have the good business models and have a strong governance models and have a view as to how the capital can get utilized effectively. Not just in the first sort of couple of quarters but over the course of time.
Manie: I think if you're an ICO here in North America, what I'm hearing, the SCC and the OSC are doing, is steering ICO's towards the crowd funding model, where you need accredited investors or very solid KYC. I met with an individual who ever gets involved, in other words to get the risk capital out of the system, which could be tainted anyway. So, my prediction, and has been all along is that we'll probably end up in an ICO, similar to crowd funding type environment with those types of rules and checks and balances and governance, they're called, be imposed on the ICO Canada version. My sense.
Usman: Yeah. Just staying on the ICO front, and very briefly, but just to update you on the litigation sides. So, yesterday the SCC issued a warning involving ICO endorsements by celebrities saying that many of these are potentially illegal. They cited, among other things, the anti-touting provisions of Federal securities laws and that these individuals could be acting as unregistered brokers participating in unlawful offering. We saw it just yesterday evening – a criminal prosecution commenced by the US Attorney in New York against REcoin and others. That follows on an SCC prosecution against these individuals for making misleading statements and potentially engaging in a fraud involving an ICO. Among other things they said that they had raised funds when they hadn't. They said had professional advisors but they didn't. We've seen also activity here in Canada on that front as well. There is a prosecution currently going on by the AMF, the Autorité des marchés financiers, which is our Quebec securities regulator, against PlexCoin for making various alleged misleading statements. They moved to have interim cease trade orders and freeze orders put in place. There's now just recently been a decision rendered by the Superior Court in Quebec, of finding those individuals in contempt of those orders. So there's a sentencing or a penalty decision that is going to be made next month. On the Blockchain front we've been seeing a lot of other activity. Particularly from the SCC and the CFTC including from issuers who are taking in Bitcoin and failing to properly update their public disclosure noting that the acceptance of Bitcoin, and the fluctuations in that particular currency, can actually impact the business operations of the issuers as well. So, separate and apart from ICO's, we at this firm have been monitoring many other developments in the capital market space, whether its crypto investment funds or others, but separate and apart from all the capital raising efforts that are out there, there are many, many other initiatives being pursued by other parties in the capital market space. Securities trading, we talked about disruption in different areas. Security trading is an area that is being directly looked at by exchanges. So, NASDAQ came out a little while ago with their platform called Link, which recorded the first private securities transaction through a Blockchain platform. That transaction settled in less than 10 minutes. There was no paperwork involved. An immutable record. The TMX, just a few weeks ago, indicated that they performed a partnership with the Central Bank and Payments Canada to address the securities settlement and clearing process. A few months prior to that they actually announced that they had created a prototype for the natural gas exchange to have that leading energy exchange put on a Blockchain platform as well. Separate and apart from securities trading the area of corporate voting is looking to be disrupted as well. So NASDAQ has formed an arrangement with the government of Estonia, particularly the Tallinn exchange, to allow for corporate voting to be executed through a Blockchain platform to ensure that shareholder democracy truly occurs and that votes are being tallied. As opposed to dealing with our somewhat archaic proxy voting infrastructure system. The same thing is being done by the TMX. They announced in April that they have developed an electronic shareholder voting system prototype, which is based on a DLT or a distributed ledger technology platform. So there's a lot, a lot of developments in this space, whether its ICO related, whether its investment fund related and other areas. Let's just take a few questions from the audience if you don't mind. So, Don, go ahead.
Don: Aren't you terrified about the possibility of a kind of recrudescence of shareholder populism that could lead to the same kind of evils in corporations as we now see with whole countries?
Unknown: Too much democracy.
Usman: Too much democracy. Manie, is too much democracy a bad thing?
Manie: Again, it's back to governance. We have the same debate in digital identity. Once your personal detail, you can even put your DNA sequence on the Blockchain. It's possible. Who holds that information? Who tracks that information? Who, at the end of the day, apart from yourself, owns and is a custodian of that information?
Unknown: Everybody is.
Manie: The problem with democracy is the same. If everyone can see everything that everybody else is doing, to what degree is that a risk as much as a good at the same time. These debates are very alive and well and, again, where we draw a line or not, is interesting.
Ian: Yeah. You know what? I'm more terrified than Anthony or the other gentlemen who were on this panel earlier.
Unknown: I'm more terrified than you.
Ian: Well, I imagine you are. But when I get terrified it's like I gotta learn some stuff and get involved. I'm reminded of, there's a woman named Blythe Masters who was a big shot trader for a long time and founder of digital asset holdings. Her sort of big hub point was we've had lightning fast trading on the front end of systems in the capital markets for a long time. But on the back end there's increasing cost and revenues in the investment banks have gone down. We've got all these layers of regulation and compliance, in part because this need for trust and verification. Maybe there's such a thing as too much democracy. I'd like to see it first and then reflect upon it. If these kinds of systems, if Blockchain systems are going to allow us to take out layers of unnecessary administration and cost and have more liquidity in the market place, I don't see that as being a bad thing.
Manie: At the very least what the Blockchain technology allows us to do is to start automating processes. But at the same time it creates unbelievable transparency and immutability and time stamping and recordal and so forth. I'll give a quick example. Friends of mine run a company called Blockchain Intelligence Group out of Vancouver. They're hired by RCMP to trace illegal transactions using Bitcoin and other stuff, effectively. If you use that example, and translate it to everything's going to be on a Blockchain, it means you can start tracking and tracing everything. What is our interest from a government side in all of this? You want to make sure you pay your taxes. Report your income. The usual stuff. But it's going to become automated. It's going to become more direct, peer to peer, as well call it in the decentralized world. Bitcoin. Somebody made a statement recently on a panel. Bitcoin is on track to become the largest bank in the world. And at first I thought, "What do you mean?" And I thought about it. Yes. Looking at the volume and the way Bitcoin works transacting between people, exchanging money, is what banks should have been doing from the beginning. Without a middle man. Without the layers and the costs and delays and so forth that we've become used. There's only a paradigm emerging here, to use that paradigm word. New ways of dealing with privacy and information and transparency and governance. We need to think about this.
Usman: Great. Another question.
Audience: … The panel has focused on the security side. Can we get an update on the role of the initiatives by the Canadian chartered banks and the Canadian payment system, their views and what initiatives you are taking with Bitcoins?
Ian: I'm a securities lawyer and I'll admit that I'm not as up to speed on some of this stuff as others. We have other panelists in here, and other people on our team, certainly we've been engaged with those folks. I don't know if you want to speak to someone else on our team.
Usman: Yeah. On the payment side we've, again, we have a whole crypto team with other professionals involved and have that focus but JP Morgan Chase, for example, just came out with a quite extensive Blockchain interbank payment system. Despite Jamie Diamond's remarks about whether Bitcoin is a fraud or not, in fact, his institution has been working on a quite cutting edge platform. A few of us, one of my partners, Parna and I, attended the very same day that RBC launched their shadow ledger on the payment side. That's a private Blockchain solution to RBC's cross border branching. It's a payment system as between the branches. So, what they've done is basically created, as I understand it, a mirror or shadow ledger to track those same payments. To test it out and see how it will work. We understand from RBC that in 2018 they plan to launch a loyalty based program on a Blockchain platform as well and that well go live in 2018.
Usman: I had talked about various bank led initiatives on the Blockchain side, particularly with respect to payments, but then let's talk about Blockchain enterprises that are looking to disrupt what the banks are doing. So you have groups like Ripple which is looking to disrupt the international remittance payment system. You have groups that are Canadian grown like Paycase looking to do exactly the same thing. We talked about many different industries. Payments is definitely an area that many of us have been watching with great interest in terms of the Blockchain applications that we've been seeing.
Ian: I think from a regulatory standpoint the other areas to note so, derivative trading would be a relevant consideration whether you fall into the regulatory gambit of that. If you're dealing with consumers, what consumer protection considerations are relevant, both on a federal level in Canada and also on a provincial level. Those would play a role. You gotta think about, there's a regulatory analysis across sectors depending on what you're intending to disrupt. You can play the uber game of go first and try and catch them on the regulation or try and influence changes. Or you can think about more carefully in advance. I would obviously advocate think about it carefully in advance. But those are there.
Manie: I advise quite a few financial institutions in Canada, and specifically Credit Unions, and they're tiptoeing around this and to confuse matters completely, Blockchain's come in different flavours. Ripple, by the way, is not a Blockchain. It's just an IOU tokenized exchange, if you wish. It's a Swift. Another version. Banks are steering away from tokens all together using platforms such as … The latest research shows 1 in 4 financial institutions use your public Blockchains like Ethereum. The other 4 use Hyperledger, or private Blockchains, which has no tokens. You can attach a token. You can attach a smart contract. But I think the banks are looking at how do we get rid of this token issue which could create other dimensions and let's just get the whole private side sorted. Sorry, it's my phone. Again, this is all still evolving as we speak. I think the banks are going to follow the safe and secure and what we can measure, methodologies are in place, and so forth route which will take time. And that's pretty much the outcome we had from the Bank of Canada experiment with distributed ledger technology and I think Bank of Canada was involved. And the conclusion of their report was inconclusive. We still need to wait and see. One of our Finance Minister here in Ontario refers to Blockchain as still the experiment. I think that's very much the mode of your regulator and your financial institution. This still needs to play out, I think, as Anthony said. And Anthony was one of the people that got me involved day one. It's still early days. There's still a lot of experimentation going on. What form shape and flavour of token, not to mention Blockchain platform, will emerge eventually? If not many. We still need to wait and see.
Usman: Right. The Bank of Canada project that you're referring to is Jasper project. I saw another question here. Maybe that'll be our last one but go ahead.
Audience: Just related to the bank issues and interbank payments and Jasper. Core technologies assessed during that was R3 Corda DLT, so I'm wondering what your views on that is. It's interesting that we had a conversation about banks and Canadian banks, which are members of the R3, but I was wondering more in particular Manie, your view of that, which isn't a pure Blockchain play either. There's a centralized dormant function. I was wondering your opinion of R3.
Manie: R3, increasingly, I can't speak for them, obviously. But Corda, as you probably now know, is in a partnership with Hyperledger. You can now use Corda on Hyperledger. I think they found that some components were missing in terms of functionality and so forth. I presume. R3, I think, has been a tremendous initiative around the table. That's the feedback I had from Tim Swanson, who used to be the head of strategy. There's a lot of discussion. A lot of open minded thinking about where is this all going without final conclusions being drawn. I think it's still a wait and see in that regard. But I know Corda is now working with Hyperledger. That much I'm aware of. I think they've been talking to the Ethereum enterprise alliance as well.
Usman: Okay, well, I want to thank this panel. Manie, you're terrific as always. As a token of appreciation we've seen Anthony's style, and we know that you have style as well, but do you have Gowling socks.
<p>Audience: I've got an e-commerce subscription box company. Built it after 30 million dollars US revenue in 3 years. We believe we can tap into an idea to create a jumped up loyalty program. A meaningful loyalty program to reward our audience members and our customers to further engage and promote our brand.</p>
<p>Anthony: Yeah. Definitely I think what a lot of companies that are already established are kind of looking to do is saying, "We've seen this go from a few developers doing projects and there's other ways to raise money". There's ways to actually bring capital in and ways to use something like a token or something similar to a cryptocurrency where you can actually prove authenticity of something and prove scarcity and be able to distribute based on people being loyal to your products. So, that's definitely something that's very interesting and people are looking at. Anybody else before I start going into, yes.</p>
<p>Audience: I'm interested in the impact of various Blockchain applications on the law. Privacy, for example, we had this idea that there's a data controller right now. Maybe there won't be a data controller with a Blockchain type model for personal information. So, it's really interesting for lawyers and I'm in that group.</p>
<p>Anthony: Yeah. I think the applications, and the general applications, that people are going to be seeing coming from these technologies. Which it's still very early right now and really, I believe, not too much value that's really been created in the space yet of real disruption in any industry yet. But it's going to be coming. But definitely, yeah, the applications. Maybe one more. Yes.</p>
<p>Audience: I'd love to hear where you thinking the next version 3, 4 of Blockchain is? What you see coming down the pipe as sort of natural extension and where you think that … discussion is going to get timelines.</p>
<p>Anthony: Sure, and yeah, I can definitely touch on that. All right. That's a good basis. Maybe one person, or anything else of anything else that you might, yes.</p>
<p>Audience: I'm exploring Blockchains so I spent time in Waterloo using Blockchains … census. The census is what makes possible infrastructure and I have the Colombian government asking me for a prototype. So, basically I built the project here. I spend time in California. I met … San Francisco … They told me to come back and we'll talk. This is what makes possible something we call corruption because when you build and design PPP, Private Public Partnership, basically it's a whole bunch of lawyers with finances and it happens in Colombia. It happens in many Latin America countries.</p>
<p>Anthony: Yup. Definitely a lot of</p>
<p>Audience: A lot changes with this implied …</p>
<p>Anthony: Yeah. Tons of sectors and it's good to see some stuff come out of Waterloo. It's been a few years and I've been really surprised that I haven't seen much going on in the Waterloo space but they've recently had Ethereum hack-a-thon which had a few hundred hackers out there in Waterloo. It's great to see the growth of the stuff. Definitely tons of sectors that are going to be disrupted and tons of applications and tons of use cases. Tons of people thinking that they're going to be coming in and being able to take a new model with their businesses, raise capital, figure out ways to create new efficiencies, as a lot of the services and a lot of the non-value added participation between humans. Which is kind of what this technology is enabling. It's this intermediation technology. It's enabling individuals to communicate and move value, globally, instantly now, without needing third parties. That's really the main breakthrough that happened, is when Bitcoin came on the scene in the late 2008/2009, that's really what happened. It's the first time ever you had to wait to prove something that's digital. To have something that's digital that couldn't be duplicated. That's the major breakthrough that happened. Prior to Bitcoin every single thing that could be digital, and it's great for things such as music or documents, things like that you can duplicate them and pass it around and you can create copies and it's amazing. But for applications such as currencies it really doesn't work. If that were to be the case we'd have the issues like we've had with currencies in the past, before this technology came about, where I could have digital dollar of something and I could make a million copies of it and I can send it all around the world. That really defeats the purpose of a currency when one of the aspects of currency, which is scarcity and never really worked, but when Bitcoin came on the scene people think the coin's used for different things. That's really a problem that was solved is that for the first time ever you could own something digital. You could prove ownership of it so you could actually hold it, figuratively speaking, you could actually own it and you could send it someone else and now you don't have it any more and they do. What if that technology can be used to purchase things all around the world? And what if you could actually move it in the same way that you can move an email? Again, instantly, globally, without needing third parties in between taking cuts and commissions and pieces of it. Think about wire transfers taking 5 days to go through, potentially, and all the different people that it has to touch in the way that it's going through cross-borders and all these things. So, what if there was a currency or something where you didn't think about borders? What if there was permissionless? Meaning that you didn't need to be on boarded in order to start using this system. What if you could actually have countries that don't have the financial institutions, or financial services, that we are so used to here? What if those billions of people around the world, that don't have those services, could access just via phone and internet connection? These technologies that enable them to move value and start having them enter the global market place.</p>
<p>So, that's really the first sign that I saw and I got in in 2012. I've been spending a couple of years digging into economics and really learning what had happened with the financial crisis, with the housing crisis and I started to look at some contrary viewpoints of people that predicted these things back in the day. And by doing that I started learning this new type of economics, which they call Austrian School of Economics, which is the opposite, or kind of different, than the Keynesian Model, which is followed by most economists in most things. That's kind of how our systems work. Where there's a lot of money that flows into things so you get these booms and bust cycles. Things correct and then it starts over again. That's the type of thing that we're in even right now in the Blockchain space. If you look at what happened in the dotcom bubble back in the day, in the late 90's, you had the internet emerging. The internet, everybody was realizing, was disrupting everything to do with information movement. Anything from publications to postal service. Anything where information was being moved around the world. Now it can be done globally. You can now send an email instantly, anywhere you wanted, bypassing a lot of the intermediaries. Well, the thing that happened there, of course, it got really hot. People dumping money into it. Things are blowing up. Eventually things correct and then the real value flows through. That's what happens in these types of movements is things get really hot. People don't quite understand what it is. They start dumping in money to see everybody else doing it. There's a fear of missing out. There's fear they're going to miss the boat. Gets hot hot. Then there's all this non-value added flow in where, eventually, you realize it's going to just going to blow up because if you're doing businesses, or doing things that don't make any sense, and really aren't creating value for people who are doing something that is actually creating value, eventually those things are going to be washed aside. But then you have the true value creators that actually emerge. This is what we've seen as well, because after 2000 until now, we've seen some major breakthroughs. We've seen the rise of things like social media. We've seen the rise of social publishing. All these things that over time all of the actors that weren't creating value are basically gone. Then the true value creators actually emerge and push through. And that's what we've seen with the internet. Same thing's happening in this space right now. The Blockchain space is the hottest thing out there. There's more money flowing in. Way more than ever went into the dotcom bubble. You have these people that are trying to decipher what this is and learn what this thing is. Really what it is is we see that the internet disrupted everything to do with information. Well, anything to do with value transfer is now getting disrupted. Because now you can move value just like you move information. If the internet was developing the pipelines for the travel of information and travel of value, what we're going to see, I believe in what we've seen, is kind of an exponential growth of now having the pipelines where individuals can now flow value between one another anywhere around the world without needing a bank in between. Without needing a government for currency sake. Again, it crosses borders. It doesn’t think about holding and restricting values. Let's think about that for a second.</p>
<p>I believe in a few years we're going to look back and say, "Really? We tried to hold value which is now just data? Ones and zeros. Just like information. We tried to restrict it within borders?" Think about that for a second. Right now we believe information should be free. Information is ones and zeros. It's data. We believe it should be out there. Everybody should have access to information. General public information. But we still stay within borders and governments still believe that it should be locked within there. So, I believe in a few years that's really going to change.</p>
<p>How's my time check here? Okay.</p>
<p>So, that's really the disruptions. Anybody who is sitting between individuals doing things and not providing tons of value or, you know, amazing levels of value, is going to get pushed aside. Technology is replacing the middle man. It's replacing the different providers in many different sectors. We talked about, the gentleman talked about, what it's going to do to law. With the introduction of smart contracts, something we introduced with Ethereum a few years ago, whereby you can now code up pretty much laws. I mean, it's not something that's really enforceable now, or not something, it's on the horizon but not quite there yet. But you literally have a developer codes up, let's say, a Will. Okay. The Will could be instructed to distribute digital assets, everything's turning digital, so you can move digital assets. And it says if this happens, if there's a certain data that comes into this contract, this smart contract, automatically do this, this, this, this, this and this. And think about the amount of people that can bypass, or the amount of layers that can happen, where instantly, if the contract says, let's say Bloomberg now is sending in data on people that are passing away, Bloomberg sends out this person passed away, send this asset to this person. Send this asset to person. Do this. Do this. Do this. It could happen instantly. Insurance contracts. Same thing. It rains a certain amount in an area. A policy can say, "Well we got the data fed in that it said it did this. Let's distribute the policy holder what they're owed. We'll do it right away." Think about all the people that's going to potentially bypass. But I'd like to say people have come up to me and say, "Aren't you scared of the amount of jobs and things that are going to be disappearing because of this?" And I think, just like the internet, the amount of sectors that are going to merge. The amount of value and services that are going to come from these technologies is really what we should be looking at. It's what we should be looking at here in Canada. I think we have an amazing opportunity to grab hold of these technologies to become world leaders. To define where it's going. To ensure we're not heavily regulating these amazing inventions, or technologies, that I believe will have 99.9% of good things happening from it and value created and very small amount of bad things. It's the same thing with the internet. People said, "Oh, it's only used for this. Only used for that." but back in the day but look at it now.</p>
<p>I think my time is up now and I'll be on a panel a little bit later on, I'm sure to answer some questions, but thank you everybody for coming. Thanks for Gowling for having me today. Hope you enjoy the rest of the day. Thank you.</p>
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