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Law of Code

#126 - Genuine DeFi as Critical Infrastructure: Paper by Rebecca Rettig, Michael Mosier and Katja Gilman

Jan 30, 2024
Guests Rebecca Rettig, Michael Mosier, and Katja Gilman explore a conceptual framework to detect and prevent illicit financial activities in DeFi while preserving its permissionless nature. Topics covered include the current AML and CTF regime in America, sanctions, and the future of DeFi.
46:45

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Quick takeaways

  • The paper proposes a framework to detect and prevent illicit financial activity in DeFi while preserving the technology as permissionless infrastructure.
  • A new category of critical communications transmitters (CCTs) is suggested to interact with and protect genuine DeFi systems without being classified as financial institutions subject to the Bank Secrecy Act.

Deep dives

Identifying the problem with traditional finance integrity laws and regulations in DeFi

Traditional finance integrity laws and regulations are not compatible with decentralized finance (DeFi) systems due to their reliance on intermediaries. This paper proposes three solutions to address this issue. Firstly, a definition of independent control is proposed to identify systems dependent on centralized actors. Secondly, genuine DeFi systems are classified as critical infrastructure subject to oversight by the Treasury Department's Office of Cybersecurity and Critical Infrastructure Protections (OCIP). Thirdly, a new category of critical communications transmitters (CCTs) is suggested for businesses that interact with genuine DeFi but are not system control persons. These CCTs would have regulatory obligations to aid in the protection of US national and economic security, without being subject to the Bank Secrecy Act (BSA).

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