#126 - Genuine DeFi as Critical Infrastructure: Paper by Rebecca Rettig, Michael Mosier and Katja Gilman
Jan 30, 2024
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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.
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).
Understanding the sources of illicit finance risks in DeFi
Illicit finance risks in DeFi emanate from cyber risks within the technology of DeFi protocols, poor risk management practices, and the use of protocols for money laundering or concealment of ill-gotten funds. This paper provides examples such as the wormhole bridge exploit and the Ronin bridge hack to illustrate these risks. Illicit actors in DeFi employ tactics like structuring and layering to obfuscate transactions. The paper emphasizes the need for policy proposals to focus on parts of DeFi systems where transactions by illicit actors can be detected, documented, and deterred.
Proposing a framework for combating illicit finance risks in DeFi
A conceptual framework is proposed to address illicit finance risks in DeFi systems while considering the realities of DeFi technology and the principles underlying existing AML, CFT, and sanctions regimes. The framework consists of three main proposals. Firstly, a definition of independent control is provided to capture on-chain centralized finance intermediaries. Secondly, genuine DeFi systems are classified as critical infrastructure overseen by the Treasury Department's OCIP. Finally, 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.
Implementing regulations for CCTs
To regulate critical communications transmitters (CCTs), the paper suggests legislation that confers authority to the Financial Crimes Enforcement Network (FinCEN) to regulate CCTs. After implementation, FinCEN, in collaboration with the Treasury Department's OCIP and the Cybersecurity and Infrastructure Security Agency (CISA), could develop standards and guidelines for CCTs to create and maintain narrowly tailored financial integrity risk management programs. The regulation should employ a crawl-walk-run approach, prioritizing collaboration and globally agreed-upon best practices. The aim is to mitigate risks without stifling innovation and keeping the benefits of DeFi intact.