By Arnav Joshi
Virtual currencies like Bitcoin are all the rage in FinTech, and could potentially transform global commerce in the years ahead. Users are adopting them in the thousands each day and the value of trade in these currencies is witnessing unparalleled growth.
The world over, regulators are working out carefully-crafted regulations to foster Bitcoin growth. In India, however, even with the new cashless push by the government and existing Bitcoin trade spiking post-demonetisation, the Reserve Bank of India (RBI) continues to shy away from recognising and regulating virtual currencies.
On February 1, the RBI issued a yet another cautionary press release, on the back of an earlier one issued in December 2013, warning users of a risk they are likely to already be aware of -- that it (the RBI) does not regulate and has not licensed any virtual currencies in India, and anyone using them does so at their own risk.
A month later, on March 1, RBI Deputy Governor R. Gandhi raised concerns over virtual currencies, saying they pose potential financial, legal, customer protection and security-related risks.
While the central bank seems to be insulating itself from the repercussions of these currencies remaining unregulated, their use continues to grow exponentially across the world, including in India.
As of an August 2016 (pre-demonetisation) estimate, the number of Bitcoin (the most prominent of several virtual currencies) users in India stood at 50,000 and growing. India now also has a large number of prominent Bitcoin exchanges such as BTCXIndia, Coinsecure, Unocoin and Zebpay. Globally, by some estimates, Bitcoin users alone could breach five million by 2019.
The latest red flag from the RBI may well have been prompted by the recent surge in the price of Bitcoin on Indian Bitcoin exchanges post-demonetisation. Bitcoin is freely tradable currency, and has its own exchanges (including in India) where users can sign up and speculate, buy and sell Bitcoins for other currencies (such as the rupee).
After the cash ban, Bitcoin was quoted to be inflated 20-25 per cent over cost. As of March 2, Bitcoin was trading at Rs 90,000 to a single Bitcoin. In October 2016, this value was Rs 40,000 to a Bitcoin.
The question that arises then is how long can the RBI afford to adopt a hands-off approach to virtual currencies, when regulators elsewhere are adopting proactive measures?
The RBI's research wing, the Institute for Development & Research in Banking Technology, issued a white paper on the applications for blockchain technology in the banking and financial sectors in India in January 2017, which acknowledges the prominence of virtual currencies, but steers towards the underlying distributed ledger (blockchain) technology, rather than virtual currency regulation.
A large number of countries, not just in the West but in India's own neighbourhood, have either adopted or are close to adopting virtual currency regulation in some form. These include China, Russia, Singapore and the Philippines, which issued guidelines for virtual currency exchanges as recently as January.
Interestingly, the precursor to regulation in a number of these countries were warnings similar to those issued by the RBI. However, these warnings largely came around 2013, at a time when the understanding of the technology and the use of virtual currencies was much lesser than it is today.
In 2017, when users, trading and payments in these currencies are growing and maturing faster than ever, the warn-watch-wait approach simply will not work.
There are a number of downsides to not bringing in regulation when virtual currency use in India is still modest. Prominent among these is that regulation which kicks in when products and technologies have become systemic will invariably cause friction between regulators on the one hand, and businesses and users on the other, requiring stakeholders to make slow and possibly expensive changes to the way they transact.
Another issue is the key role regulation plays in consumer awareness and security. While the RBI may sleep soundly having issued its caveat emptor, given the attractive investment opportunity and ease of use and access virtual currencies offer, users are likely to throw caution to the wind and invest anyway.
The clear downside to this is that investors will likely fall prey to unregulated and unscrupulous Bitcoin exchanges and wallet operators (similar to a Paytm or Mobikwik, but exclusive to storing Bitcoin). Without any oversight, these operators rely on self-regulation. They could have severe gaps in data security, could charge exorbitant interest and transaction fees, and in a worst-case scenario, disappear with investor money altogether.
More importantly, the jury is still out on whether virtual currencies can be used to pseudonymously finance crime, including terrorism, and given the sensitive security scenario in India, it is important for the government to understand, and for the law to control, who can buy them and what they can do with them. As transactions grow, so will the chances and potential for virtual currency-related fraud.
Legal scholars Jack Goldsmith and Timothy Wu have said "government regulation works by cost and bother, not by hermetic seal", which appears to be the line the RBI is taking on virtual currencies.
With emerging technologies, however, especially those as radical as virtual currencies, governments are increasingly learning that the cost and bother of reactive regulation can be substantially greater than proactive regulation.
If the Indian government is serious about its cashless drive, it will have to consider virtual currencies as an integral part of the panacea being touted for our archaic economy.
It is up to the government and the RBI to lead the way by bringing forward-looking regulation for virtual currencies sooner rather than later, because there is already much catching-up to do.
The writer is a Senior Associate at J. Sagar Associates and advises internet and emerging technology clients. Views expressed are personal. He can be contacted at arnav.jo@gmail.com
Read more:
Bitcoin: Can RBI ignore the elephant in the room? - Economic Times
- Google removes malware Android apps used to secretly mine bitcoin - April 26th, 2014 [April 26th, 2014]
- Bitcoin exchange MtGox liquidated - April 26th, 2014 [April 26th, 2014]
- Bitcoin Wannabe Litecoin Emerges as Low-Price Challenger - April 26th, 2014 [April 26th, 2014]
- The Worlds First Bitcoin Debit Card Is Almost Here - April 26th, 2014 [April 26th, 2014]
- How does Bitcoin work? - Bitcoin - Open source P2P money - April 26th, 2014 [April 26th, 2014]
- Bitcoin - Wikipedia, the free encyclopedia - April 26th, 2014 [April 26th, 2014]
- The Bitcoin Group #27 - China Bans Bitcoin Again - Politics - Dark Market - Bitcoin VC - Video - April 26th, 2014 [April 26th, 2014]
- Edan Yago - Free Market Bitcoin regulation and Honduras free trade zones.mp4 - Video - April 26th, 2014 [April 26th, 2014]
- Bitcoin vs. Political Power: The Cryptocurrency Revolution - Stefan Molyneux at TNW Conference - Video - April 26th, 2014 [April 26th, 2014]
- Video: Roundup of This Week's Bitcoin News 25th April 2014 - Video - April 26th, 2014 [April 26th, 2014]
- Bitcoin Fredagsbar med Torben Mark Pedersen - Video - April 26th, 2014 [April 26th, 2014]
- Bitcoin and the Internet of Money - Video - April 26th, 2014 [April 26th, 2014]
- Bitcoin for Dummies - Video - April 26th, 2014 [April 26th, 2014]
- Bitcoin runner-up Litecoin emerges as low-price challenger - April 27th, 2014 [April 27th, 2014]
- Bitcoin or Gold? Squawk Walk Taipei- Squawkonomics - Video - April 27th, 2014 [April 27th, 2014]
- Bitcoin Miner AntMiner S1 180 - 200 GH/s Nu in de Aanbieding! - Video - April 27th, 2014 [April 27th, 2014]
- New Bitcoin Documentary: Boom or Bust - Video - April 27th, 2014 [April 27th, 2014]
- Bitcoin May v0.9.1 GitHub Source Code Development Visualization - Video - April 27th, 2014 [April 27th, 2014]
- Atomic-Trade Bitcoin Exchange. AML, BSA, FinCEN compliant - Video - April 27th, 2014 [April 27th, 2014]
- China Bans Bitcoin Again -- Bitcoin the Movie -- Startup for Startups Raises 2,000 BTC - Video - April 27th, 2014 [April 27th, 2014]
- 4/24/14 - Xapo Debit Card, Russia's 1st Bitcoin Conference, Silk Road 2.0 - Video - April 27th, 2014 [April 27th, 2014]
- What is Bitcoin? - Video - April 27th, 2014 [April 27th, 2014]
- David Andolfatto, How Does Bitcoin Work? - Video - April 27th, 2014 [April 27th, 2014]
- Australian Bitcoin traders hit by crash - April 28th, 2014 [April 28th, 2014]
- Bitcoin traders hit by Mt.Gox crash - April 28th, 2014 [April 28th, 2014]
- Market Extra: Bitcoin venture capital money hasnt kept up with buzz - April 28th, 2014 [April 28th, 2014]
- Bitcoin price slips as China steps up regulation - April 28th, 2014 [April 28th, 2014]
- Bitcoin price slips on China regulation - April 28th, 2014 [April 28th, 2014]
- Win .33 Bitcoin ($150 or so, Depending on BTC value) - Meme game for May 1st - Take My Bitcoins - Video - April 28th, 2014 [April 28th, 2014]
- Ron Paul on Bitcoin - Video - April 28th, 2014 [April 28th, 2014]
- btc.sx Bitcoin derivatives platform George Samman clip - Video - April 28th, 2014 [April 28th, 2014]
- 'The Rise And Rise Of Bitcoin' Filmmaker: 'There Is No Answer Yet' - April 29th, 2014 [April 29th, 2014]
- Bitcoin the movie: It just had to happen - April 29th, 2014 [April 29th, 2014]
- Bitcoin Vies with New Cryptocurrencies as Coin of the Cyber Realm - April 29th, 2014 [April 29th, 2014]
- The Bitcoin Meetup - BitcoinMKE Hosts Jeffrey Tucker - Video - April 29th, 2014 [April 29th, 2014]
- MIT Bitcoin Expo 2014 - Video - April 29th, 2014 [April 29th, 2014]
- Bitcoin Expo 2014: Fireside Chat with Dr Gavin Wood - Video - April 29th, 2014 [April 29th, 2014]
- Rise Bitcoin Singapore - Video - April 29th, 2014 [April 29th, 2014]
- Preview: Bitcoin Authenticator - 2FA for wallets - Video - April 29th, 2014 [April 29th, 2014]
- The Bitcoin Group #27 (Live) - China Bans Bitcoin Again - Politics - Dark Market - Bitcoin VC - Video - April 29th, 2014 [April 29th, 2014]
- 4/25/14 - More China uncertainty, Missourian bitcoin warning, BadLepricon malware - Video - April 29th, 2014 [April 29th, 2014]
- Money & Tech at The Rise And Rise Of Bitcoin Afterparty - Video - April 29th, 2014 [April 29th, 2014]
- New Bitcoin student club at MIT will promote the virtual currency - April 30th, 2014 [April 30th, 2014]
- 4/29/14 - MIT Bitcoin Project, Mt Gox revival plan, Mastercard lobbyists & Team Rubicon - Video - April 30th, 2014 [April 30th, 2014]
- BitCoin Dentist GoCoin Fox News Interview - Video - April 30th, 2014 [April 30th, 2014]
- Bitcoin Foundation Election Hiccups -- Pathetic Ohio Bans Bitcoins -- Dogecon SF 2014 - Video - April 30th, 2014 [April 30th, 2014]
- Bitcoin Slips to $420 as BTC China Halts Transactions - Video - April 30th, 2014 [April 30th, 2014]
- MultiSig Plus BitCoin Multi Coin Wallet looks like HUGE INVESTMENT potential! - Video - April 30th, 2014 [April 30th, 2014]
- Bitcoin: what happens when the miners pack up their gear? - May 1st, 2014 [May 1st, 2014]
- Dark Wallet Is About to Make Bitcoin Money Laundering Easier Than Ever - May 1st, 2014 [May 1st, 2014]
- Bitcoin Talk Show #7 -- Skype BitcoinTalkShow to Call in Live! 🙂 - Video - May 1st, 2014 [May 1st, 2014]
- Basic Bitcoin Bitches - Video - May 1st, 2014 [May 1st, 2014]
- Gold standard vs Fiat vs Bitcoin - Truthloader - Video - May 1st, 2014 [May 1st, 2014]
- How to Defund the System: Bitcoin vs. the Central Banksters - Video - May 1st, 2014 [May 1st, 2014]
- Bitcoin, Anarchy and Freedom with Roger Ver - Video - May 1st, 2014 [May 1st, 2014]
- MIT Goes Bitcoin-Wild - May 1st, 2014 [May 1st, 2014]
- Bitcoin Weekly 2014 April 30: Bloomberg adds Bitcoin to their market index, MIT to produce campus-wide bitcoin ... - May 1st, 2014 [May 1st, 2014]
- 'Dark Wallet' wants to make Bitcoin even harder to trace - May 1st, 2014 [May 1st, 2014]
- Bitcoin made simple (video animation) - Video - May 1st, 2014 [May 1st, 2014]
- Jon Matonis: Bitcoin - The future of commerce? - Video - May 1st, 2014 [May 1st, 2014]
- $100 in Bitcoin Going to Every MIT Undergrad - Video - May 1st, 2014 [May 1st, 2014]
- The Rise of Digital Currency - Video - May 1st, 2014 [May 1st, 2014]
- Money Goes Virtual: The Bitcoin Bourse - Video - May 2nd, 2014 [May 2nd, 2014]
- Bitcoin Lights with LIFX - Video - May 2nd, 2014 [May 2nd, 2014]
- Bitcoin: How We Got Here and Where We Are Going - May 3rd, 2014 [May 3rd, 2014]
- 5/1/14 - Larry Summers warns critics, Paym system & Bitcoin Center NYC roundtable - Video - May 3rd, 2014 [May 3rd, 2014]
- On est Connect S2 #07 1/2 : BitCoin et Musique sur Internet - Video - May 3rd, 2014 [May 3rd, 2014]
- MIT Undergrads To Receive $100 Worth Of Bitcoin This Fall - Video - May 3rd, 2014 [May 3rd, 2014]
- Why it only took ME less than 2 minutes to believe in Bitcoin - Video - May 3rd, 2014 [May 3rd, 2014]
- Bitcoin Basics and Regulation Thoughts from NH Liberty Forum - Bruce Fenton - Video - May 3rd, 2014 [May 3rd, 2014]
- PRIMER CAJERO DE BITCOIN EN BIT CENTER DE TIJUANA - Video - May 3rd, 2014 [May 3rd, 2014]
- Yelp adds Bitcoin acceptance to business listings - Video - May 3rd, 2014 [May 3rd, 2014]
- Bitcoin A Terrorist Threat? Counterterrorism Program Names Virtual Currencies As Area Of Interest - May 4th, 2014 [May 4th, 2014]
- How Does Bitcoin Works - Video - May 4th, 2014 [May 4th, 2014]
- 10 Things You Didn't Know About BitCoin - Video - May 4th, 2014 [May 4th, 2014]
- BITCOIN The Future of Money - Video - May 4th, 2014 [May 4th, 2014]
- Bitcoin Miner Review - Video - May 4th, 2014 [May 4th, 2014]
- The Bitcoin Group #28 (Live) - Yelp Lists Bitcoin - MIT Bitcoin $100 - Dark Wallet - Ohio Bans BTC - Video - May 4th, 2014 [May 4th, 2014]
- Bitcoin: Gary North is Mentally Deranged And Bitcoin Will Change Everything - Video - May 4th, 2014 [May 4th, 2014]
- Who is the Bitcoin Warlord? - Video - May 4th, 2014 [May 4th, 2014]