Considerations:  how to make it harder for digital tokens to be used for financial crime; how to support useful innovation; the extent to which consumers should be free to buy unregulated, purely speculative tokens and to take the responsibility for their decisions to do so.
      
    
    
      Highlights:
- While platforms’ efforts to crack down on fraudulent 
advertisements are welcome, a permanent and consistent solution to the 
problem of online fraud from paid-for advertising requires legislation.
- Speculative crypto tokens are not regulated by the FCA  and consumers
 are not covered or protected by the Financial Services Compensation 
Scheme in the event of losses.
- In considering regulating crypto, legislators need to consider 3 issues:
- how to make it harder for digital tokens to be used for financial crime
- how to support useful innovation
- the extent to which consumers should be free to buy unregulated, 
purely speculative tokens and to take the responsibility for their 
decisions to do so.
 
The Augean stables hadn’t been cleaned for 30 years when 
Hercules was set the labour of cleaning them. For 30 years, 3,000 
animals had been doing in those stables what 3,000 animals have to do.
The first website was published 30 years ago last month. And like the
 Augean stables, over the last 30 years the internet has filled up with a
 great deal of … well, let’s just call it ’problematic content’.
People used to think of the internet as a free space, outside the 
law, impossible to regulate. And while there’s no doubt that it has 
enabled businesses to innovate and grow in ways that serve us well, 
their awesome power must be matched with responsibility. As we live more
 and more of our lives online, we can’t allow online business to operate
 in ways we wouldn’t tolerate with any other business. The tide of 
regulation is turning all over the world, and online platforms should 
expect a future where regulation addresses the significant risks they 
pose in the same way as other businesses. Same risk, same regulation.
That includes rules which protect people from investment fraud and scams.
When I last spoke at this Symposium in 2019,
 I said that online platforms, including the search and social media 
giants, needed to step up and stop publishing and profiting from 
fraudulent content. Since then, we have seen some progress. Google 
has committed to stop promoting advertisements for financial products 
unless an FCA  authorised firm has cleared them. Google is doing the 
right thing and we will monitor the impact of its changes closely. We 
now need other online platforms – Facebook, Microsoft, Twitter, TikTok -
 to do the right thing too. And we think that a permanent and consistent
 solution requires legislation.
I noted in 2019 that the Government’s proposed legislation about 
online harms didn’t cover financial scams. Since then, the Government 
has brought some financial harms within its proposals. That’s welcome, 
but paid-for advertising, the main source of online investment scams, is
 still not covered. We consider it should be.
Even with better targeted laws, the internet will continue to be a 
very challenging space for regulators. Hercules rerouted two rivers to 
wash the stables out, and we’ll need 2 streams to tackle the problem of 
online financial scams: appropriate regulation, including 
self-regulation by online platforms and robust enforcement by the 
authorities; and greater consumer awareness about online scams.
The tide of 
regulation is turning all over the world, and online platforms should 
expect a future where regulation addresses the significant risks they 
pose in the same way as other businesses.  Same risk, same regulation.
Enforcement must be a team effort, involving the National Crime 
Agency, the Serious Fraud Office, police forces and sectoral regulators 
like the FCA, coordinating with international partners. All these 
players need to have the right focus and resources.
Consumer awareness requires online platforms to step up. They can 
give advice about scams in the moment when consumers are about to make 
bad decisions. We’ll work with online platforms who want to protect both
 consumers and their own brands – and we’ll call out those who aren’t 
playing their part and are destroying the trust of their users.
Crypto scams
Which brings me on to Kim Kardashian. When she was recently paid to 
ask her 250 million Instagram followers to speculate on crypto tokens by
 ’joining the Ethereum Max Community‘, it may have been the financial 
promotion with the single biggest audience reach in history.
In line with Instagram’s rules, she disclosed that this was an #AD. 
But she didn’t have to disclose that Ethereum Max – not to be confused 
with Ethereum – was a speculative digital token created a month before 
by unknown developers – one of hundreds of such tokens that fill the 
crypto-exchanges. 
Of course, I can’t say whether this particular token is a scam. But 
social media influencers are routinely paid by scammers to help them 
pump and dump new tokens on the back of pure speculation. Some 
influencers promote coins that turn out simply not to exist at all. 
There are no assets or real world cashflows underpinning the price of
 speculative digital tokens, even the better known ones like Bitcoin, 
and many cannot even boast a scarcity value. These tokens have only been
 around for a few years, so we haven’t seen what will happen over a full
 financial cycle. We simply don’t know when or how this story will end, 
but – as with any new speculation – it may not end well.
Despite this, the hype around them generates a powerful fear of 
missing out from some consumers who may have little understanding of 
their risks. There is no shortage of stories of people who have lost 
savings by being lured into the cryptobubble with delusions of quick 
riches, sometimes after listening to their favourite influencers, ready 
to betray their fans’ trust for a fee.
At the FCA  we have repeatedly warned about the risks of holding 
speculative tokens. To be clear: these tokens are not regulated by the 
FCA. They are not covered by the Financial Services Compensation Scheme.
 If you buy them, you should be prepared to lose all your money. 
But around 2.3 million Britons currently hold this type of token.
 Worryingly, 14% of them also use credit to purchase them, thereby 
increasing the exposure to loss. And 12% of them, so around a quarter of
 a million people, seem to think that they will be protected by the FCA  
or the Financial Services Compensation Scheme if they go wrong. They 
won’t.
These tokens have 
only been around for a few years, so we haven’t seen what will happen 
over a full financial cycle.  We simply don’t know when or how this 
story will end, but - as with any new speculation - it may not end well.
So the potential level of consumer harm that these purely speculative
 tokens bring raises the question of whether the activity of creating 
and selling the tokens themselves should be brought within FCA  
regulation.
It isn’t an easy question. Especially when it is clear that the 
underlying technology has potential uses which I will come to – that 
could benefit our society.
A Treasury consultation
 on the UK approach to cryptoassets and stablecoins closed earlier this 
year, and the FCA  is working closely with the Treasury and Bank of 
England as part of the Cryptoassets Taskforce.
FCA’s current role
The FCA  currently has a limited role in registering UK-based 
cryptoasset exchanges for anti-money laundering purposes. Exchanges can 
be used to launder the proceeds of crime and we must contribute to the 
global effort to address financial crime by demanding that businesses 
with a UK presence meet the necessary standards. While some of the 
business which have applied to us have shown evidence of adequate 
systems and controls, many others fell well short of acceptable 
standards and many have withdrawn their applications as we have 
scrutinised them. The state of those firms ignoring the requirement to 
register with us or which have moved off-shore to avoid registration 
could be even worse.
We have published a list of unregistered crypto exchanges that we 
suspect are operating in the UK, to help consumers avoid using them. 
Banks and other authorised firms should be very wary of transactions 
involving unregulated crypto exchanges wherever they are based, and 
should use the list of suspect UK businesses to identify customers and 
transactions which may be money laundering. 
Where digital tokens are used to constitute or represent investments 
that we already regulate, like shares and bonds, we will use our 
existing powers in the same way as for investments that are not 
tokenised. In 2019 we set out guidance to clarify our approach to transferable securities of this kind. 
And where other activities we regulate reference digital tokens, we 
will pursue our consumer protection objective in limiting the harm. 
That’s why last year we banned the sale of crypto-derivatives to retail 
consumers.
Token regulation?
But we don’t have currently have a general remit from Parliament to 
regulate the issue or promotion of speculative tokens. Should we?
There is a live debate in many major financial jurisdictions about whether regulators need more powers and tools
 and clarity of remit to regulate crypto. It’s difficult for regulators 
around the world to stand by and watch people, sometimes very vulnerable
 people, putting their financial futures in jeopardy, based on 
disinformation and fear of missing out. 
But here in the UK there are many other purely speculative activities
 that we don’t regulate. You can buy gold and other commodities, foreign
 real estate, foreign currencies, or even old school tokens like Pokemon
 cards, using unregulated markets. There is no shortage of consumer harm
 in many of those markets. So why should we regulate purely speculative 
digital tokens? And if we do regulate these tokens, will this lead 
people to think that they are bona fide investments? That is, will the 
involvement of the FCA  give them a ’halo effect’ that raises unrealistic
 expectations of consumer protection?
One thing is clear: because of the decentralised way that these 
speculative tokens are created, any effective system of regulation would
 require a business seeking registration or authorisation with the FCA  
to bring itself firmly within our reach, with people and resources that 
we could access in order to supervise and enforce our requirements. We 
are not going to award FCA  registration or authorisation to businesses 
which won’t explain basic issues, such as who is responsible for key 
functions or how they are organised. That would be token regulation in 
the worst sense.
Action against businesses which choose not to bring themselves within
 the reach of an effective national regulator needs to be international,
 with regulators across the world working together to limit the harm. 
IOSCO  has recently published reports on how to educate consumers about the risks of crypto and considerations for regulating crypto exchanges, and I hope this is the start of a consistent collaborative effort.
Reaping the benefits
An effective system of regulation of digital tokens has to allow the 
more promising use cases for the innovative technology that underlies 
the tokens to flourish – especially the potential to make payments and 
financial infrastructures more efficient and accessible.
It’s essential to find the right balance between appropriate 
regulation to protect consumers and markets and encouraging useful new 
ideas in this space.
Digital tokens as a means of payment
For example, digital tokens might be useful to improve the payments 
market. As the Treasury’s consultation document sets out, digital tokens
 can be issued with the aim of being maintained at the value of an 
underlying sovereign currency and used to make payments outside the 
conventional payment systems. These are generally referred to as 
’stablecoins’. There are promising use cases for both retail and 
wholesale payments, particularly retail cross-border payments where 
frictional costs can be high for some of the most financially excluded 
people in our society. 
When we come to assess stablecoin propositions, the FCA  and the 
Payment Systems Regulator will be guided by our objectives of protecting
 consumers and users of payment systems, competition and innovation and 
market integrity. 
The Bank of England is considering the risks that stablecoins could 
pose to the financial system and monetary policy, but we saw with the UK
 operations of Wirecard that a player in payments does not have to be 
systemically important to cause significant consumer distress. So, any 
stablecoin business we may come to regulate, even if it is not systemic,
 will need to assure that end users would be able to easily exchange 
them, access them and use them to make payments safely and securely, 
with the same level of protection we expect from other types of payment 
instruments. And for this to be assured even during times of financial 
distress.
It’s difficult for 
regulators around the world to stand by and watch people, sometimes very
 vulnerable people, putting their financial futures in jeopardy, based 
on disinformation and fear of missing out.
Just as with other firms we regulate, we would need to understand how
 the firm makes money, taking into account its capital and liquidity 
requirements as well as its operating costs. 
Stablecoins could provide valuable competition in a payments market 
where a small number of players hold very strong market positions. The 
Payment Systems Regulator has a strategy to promote competition between payment systems,
 and stablecoins could be one way of doing this. But as it grows, a 
stablecoin payment system could rapidly benefit from network effects to 
occupy a central position, so we will also need to think about wider 
competition issues including fair access.
The UK is very well placed to work with stablecoin businesses which 
can innovate and bring competition in the interests of consumers. Our 
pioneering Regulatory Sandbox,
 where we both scrutinise and support innovative business models as they
 engage with real consumers to test new ideas, has become the model for 
such sandboxes around the world. And we’re now expanding it so firms can
 graduate to a regulatory nursery where we can continue to support 
useful new business propositions as they grow.
We understand how important it is to provide a predictable and stable
 regulatory environment in which businesses can innovate with 
confidence. We will work closely with our regulatory partners to ensure 
that our approach is clear and our actions are coordinated and 
complementary.
Digital tokens that represent investments
A second promising use of digital tokens is to represent regulated investments, such as shares or bonds – security tokens. 
Security tokens can be used in at least 2 different ways: first, to 
raise capital for businesses from investors, including potentially 
retail investors; and secondly, to provide alternative means of settling
 transactions in financial instruments. 
Our Sandbox has already supported projects testing the use of security tokens to raise capital efficiently. 
Distributed ledger technology may also help to make settlement and 
custody more efficient in closed permissioned networks which do not have
 the unacceptable environmental impact of some open proof-of-work 
systems. The Government has announced the creation of a financial market
 infrastructure sandbox for firms exploring how to use technologies like
 distributed ledger technology to innovate in the settlement of 
financial securities.
Short term measures
It will take a great deal of careful thought to craft a regulatory 
regime which will be effective in the decentralised world of digital 
tokens. And it’s clear that legislators need to consider 3 issues: how 
to make it harder for digital tokens to be used for financial crime; how
 to support useful innovation; and the extent to which consumers should 
be free to buy unregulated, purely speculative tokens and to take the 
responsibility for their decisions to do so.
In the meantime, it appears to me that there are 2 cases where 
regulators should have the powers to take action to reduce the potential
 harm to consumers from purely speculative tokens, not least to ensure 
that trust in the overall technology isn’t destroyed by bad actors in 
this space. 
The first is cryptoasset promotions. As I’ve mentioned, a 
surprisingly large proportion of people buying these speculative tokens 
seem to think they may be regulated already. When you combine that fact 
with the relentless and often misleading advertising techniques of some 
crypto businesses, there is a real risk of consumer confusion.
We are not going to
 award 
FCA  registration or authorisation to businesses which won’t 
explain basic issues, such as who is responsible for key functions or 
how they are organised. 
The Treasury has recently consulted on the case for regulating some cryptoasset promotions
 and I look forward to their conclusions. But it’s absolutely imperative
 that any regulation of cryptoasset promotions requires the risks to be 
clearly highlighted and does not give the impression that the token 
itself is subject to regulatory supervision or has regulatory approval. 
And, since these promotions are nearly all online and often made by 
unidentifiable promoters in other jurisdictions, it’s imperative that 
any regulations in this area cover paid-for advertising on online 
platforms.
The second issue is the risk of contagion of the regulated business 
of authorised firms by unregulated activities in digital tokens. As a 
first step, the Basel Committee is consulting on a proposal
 which would ensure that speculative digital tokens attract a full 
capital charge for banks. It’s essential that the boards of FCA  
authorised firms can show how they have addressed the risks that 
unregulated activities in relation to digital tokens can pose to those 
firms: to both their conduct, and their prudential soundness.
Conclusion
Good financial regulation supports innovation, productivity and 
economic growth. In regulating the online world, we need to strike the 
right balance between fostering innovation, providing an appropriate 
level of protection and allowing individuals freedom to take decisions 
for which they are responsible. 
We also have to recognise that effective regulation of a digital 
world requires international cooperation and common standards. As we 
said in our recent Business Plan,
 the most harmful behaviour, like fraud, often occurs across 
jurisdictions and sectors beyond financial services. Only by working 
with our partners – many of which are in this room – can we have the 
greatest impact in disrupting misconduct. 
The digital world will continue to produce a lot of problematic 
content. But stables can produce winners too, so we must be careful not 
to scare the horses.  
  
      
      
      
      
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