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Self-custody, control and identity: How regulators got it wrong

Published 05/01/2022, 01:14 AM
Updated 05/02/2022, 03:20 AM
Self-custody, control and identity: How regulators got it wrong

The recent European Union proposal requiring centralized crypto exchanges and custodial wallet providers to collect and verify personal information about self-custodial wallet holders shows the dangers of recycling traditional finance (TradFi) rules and applying them to crypto without appreciating the conceptual differences. We can expect to see more of this as countries look to implement the Financial Action Task Force (FATF) Travel Rule, initially designed for wire transfers, to transfers of crypto assets.

The aim of the proposed EU rules is “to ensure crypto-assets can be traced in the same way as traditional money transfers.” This assumes that each self-custodial wallet can be linked to someone’s verifiable identity and that this person necessarily controls the wallet. This assumption is wrong.

Natalie Linhart is a legal counsel at ConsenSys, where she advises on products including MetaMask, NFT experiences and institutional staking. She also focuses on European regulatory issues affecting the crypto industry. She previously worked as a financial regulatory and derivatives lawyer at Clifford Chance London, advising clients on launching financial products, accessing new markets and mitigating regulatory risks. She also worked on derivatives and debt capital markets transactions including at a global investment bank.

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