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In depth interpretation of the proposal on preventing NFT related financial risks

2022-05-07 19:56:02Yaohua

Computational power theory

Undeniable? ,NFT It is the hottest and most “ mysterious ” The field of , Named by Collins Dictionary 2021 Vocabulary of the year , Continue to attract public attention .

NFT After the wind blows home , As a digital collection , Deeply fashionable 、 literature 、 Sports and entertainment 、 Welcome from all walks of life such as new retail , Become a kind of “ New trend piece ”, last year 2021 year , All kinds of digital collections are sold on major sale platforms in the Chinese market (NFT) about 456 copies , The total value exceeds 1.5 Billion . tencent 、 Ali 、 Jingdong and other domestic Internet enterprises have made great efforts to layout NFT Digital collection track , Launch digital collection platform , Such as Tencent's magic core 、 Ali's whale detective .

Even the national team cannot escape “ It's delicious ” The scene . Today, 4 month 24 Japan “ China space day ” same day , The world's first monthly digital collection was officially released , To pay tribute to China's Aerospace , It can be seen that the popularity effect of digital collections is sweeping the whole people .

In addition to the rapid momentum , It is also a breeding ground for potential risks ” hotbed ”,4 month 1 Japan , Jay Chou wrote on social media that , The boring ape it holds BAYC#3738 NFT Stolen , Loss exceeds 300 Thousands of yuan . This case is blessed by the star effect , Again put NFT The problem of safety has been brought to the public view ,“ mysterious ” Of NFT It has to be “ Clarity ” The regulation of government , Regulation is imminent .

4 month 13 Japan , Chinese Finance Association of Internet 、 China Banking Association 、 China Securities Association jointly issued “ On Prevention NFT Initiatives related to financial risks ”( hereinafter referred to as “ Initiative ”). In the face of official regulatory initiatives , What signals are released ? We can also see which regulatory directions ? This article interviewed Geng Yu NFT PCCW, which has been in the field for a long time ( Shanghai ) Lawyer Liu Lei and lawyer Xiao Sa of the law firm , bring 《 Initiative 》 First hand interpretation of .

 In depth reading 《 On Prevention NFT Related financial risk initiatives 》

《 Initiative 》 What are the key regulatory points revealed in ?

since 2021 Since then , China's digital collection (NFT) The market continues to heat up , Digital collections are an emerging technology based on blockchain technology , For the cultural industry IP Play a huge role in promoting , But in the heat , tort 、 Chaos such as speculation and illegal fund-raising began to emerge .

One 、NFT The ownership relationship needs to be clarified , The problem of intellectual property infringement is “ Heavy disaster area ”

Lawyer Xiao told the author : At this stage , And digital collections (NFT) The relevant legal risks are mainly reflected in civil 、 Administration 、 Criminal aspects .NFT The civil tort liability that may arise in the activity is mainly concentrated in copyright infringement ; In carrying out blockchain technical services , Blockchain information service providers make use of blockchain technology , In circulation 、 Selling digital art (NFT) In the process of , In case of violation 《 Block chain information service management requirements 》 And other administrative laws and regulations , If the service is not filed through the national network information office in accordance with the regulations 、 Failure to submit safety self-assessment report regularly 、 Failure to set up claim channels as required , Will be subject to corresponding administrative penalties ; Besides , From the digital collection (NFT) Suspected illegal business activities from business activities , For example, using NFT The technical features 、 Money laundering activities carried out by legal attributes 、 Online gambling activities, etc . Just 《 On Prevention NFT Related financial risk initiatives 》 For the second proposal ,NFT If linked to financial assets and sold, the ultimate red line is 《 The criminal law 》 The first 174 The crime of establishing a financial institution without authorization mentioned in article 、 The first 179 The unauthorized issuance of shares referred to in article 、 company 、 Corporate bond crime .

And specifically to digital collections (NFT) Issuer , Lawyer Liu also reminded , The platform is releasing digital collections (NFT) We should pay attention to :

1. Intellectual property infringement . The issuer is issuing the corresponding NFT Before , You should get an authorization .

2. Group criminal risk caused by currency theft . Recently, slow fog technology announced a method that hackers implant Trojans in Browser Bookmarks , Steal the project party discord Account and password , Then release the phishing link to steal money , If the user steals the currency, it is possible to recover the responsibility from the issuer .

3. Data protection and information leakage . If because of the fault of the issuer , It leads to the leakage of user information , Maybe because of a violation of 《 Personal information protection law 》 even to the extent that 《 Data security law 》 Subject to administrative penalty .

Two 、 prohibit “ Change concept ”, weaken NFT In a disguised form ICO

NFT Full name :Non-Fungible Token, Heterogeneous token , Even if you enter the Chinese market , Its non homogeneity remains unchanged , Some existing digital collections in the market , It has weakened or even changed the non homogeneity of digital collections , Make it essentially a financial product . Because of this , It is clear in the initiative that : Do not weaken by dividing ownership or batch creation NFT Non homogenization characteristics , Carry out token issuance financing in a disguised form (ICO). Lawyer Xiao believes that : The focus of the initiative itself is “ Carry out token issuance financing in a disguised form ”. In other words , What the policy resists is the behavior of issuing and financing tokens in a disguised form , and “ Weaken by dividing ownership or batch creation NFT Non homogenization characteristics ” The statement is only for token issuance financing (ICO) A typical model of . And from the digital collection (NFT) From the angle of , Lawyer Liu said Franctional As an example, tell the author : Due to part NFT The individual price is higher , But after dismantling the shares , Consumers can buy one for very little money NFT Part of the permissions for , This behavior seems to improve NFT Product liquidity , But in essence, there is a high probability that this approach will weaken NFT Non homogeneity of , Put it FT turn , To some extent, it may violate 《 Implementation opinions of the general office of the State Council on cleaning up and rectifying various trading places 》 About China “ Trading places and their branches shall not split any equity into equal shares for public offering ” The provisions of the .

3、 ... and 、“NFT De financialization at the bottom , Cannot be linked to virtual currency ” Become a regulatory consensus

NFT As a new track in the field of meta universe , The legal issues involved are diversification 、 Multidimensional . In the environment of data compliance in China , About NFT( Digital collection ) The question of what role to play in the law , Both lawyers gave a unanimous view : namely NFT It is essentially a kind of equity Certificate .4 month 20 Japan , China's first case of infringement dispute over digital collections was publicly tried in Hangzhou Internet court according to law , Lawyer Xiao believes that : The case not only defines the duty of care of the operator of the digital collection trading platform in advance , It also defines the legal nature of digital collections , namely NFT It is a kind of equity certificate . With the popularization of the concept of meta universe and the maturity of its supporting technology ,NFT The market is bound to usher in rapid growth , meanwhile , because NFT The good and bad of the market are intermingled , Various negative cases will also emerge one after another , Some practitioners have also noticed the risks it brings , For example, Lawyer Liu talked about a recent case in the overseas market : The U.S. Department of justice released a report last month NFT The project party is suspected of fraud 、 A criminal case of money laundering , Two 20 Year old young people issued NFT project , adopt Twitter、Discord After publicity , On sale 4 Hours NFT The work is all set , However, the official website of the project was shut down in less than a day , The project side directly transferred the raised millions of dollars of virtual currency to multiple wallets to run away . So whether as a consumer 、 Issuer or law making and policy regulatory authorities , Should be dialectical 、 Take a cautious view of NFT market . Lawyer Liu concluded : The initiative of the three associations , it In essence, it doesn't give NFT The market establishes a new regulatory framework , But it has given several very clear regulatory directions and consensus .

《 Initiative 》 It is proposed that “ be not in NFT The underlying commodity contains Securities 、 insurance 、 credit 、 Precious metals and other financial assets , Issuing and trading financial products in a disguised form ”. Its main meaning is to emphasize NFT Our market can develop , But to De financializing 、 Cannot be linked to virtual currency . This is because NFT The market has been pushed to a climax since the second half of last year , First quarter of this year NFT The market turnover of has exceeded that of last year , It will continue to rise in the future , The expansion of the market has led to some problems in China NFT In the name of fraud , Regulators have been concerned about the disadvantages of the market , So I began to propose to be careful NFT Market risk .

Four 、 Consumers buy NFT Digital collections , What homework needs to be done ?

Digital collection distribution and secondary market , Mismanagement 、 Illegal hype 、 Fraud and other incidents are common , Take the only art platform as an example , For swallowing money 、 Can't withdraw 、 Problems such as no delivery or refund are frequently complained by consumers , On black cat complaint platform , near 30 The number of complaints per day reached 700 More than one . This requires consumers not only to do their homework on the collection itself , and , For the qualification of trading platform 、 Trading partner 、 Think twice before you trade . In addition to what is mentioned in the initiative, consumers are buying digital collections (NFT) Is what you enjoy The right to know , Options and fair dealing . Lawyer Xiao also added to the author : Consumers are buying NFT after , You get the NFT The ownership of the , however NFT The holder has no other rights to the work . This includes rights provided under copyright law , For example, the right to communicate to the public ( In other words , Provide assets to the world ), Or the right to adapt or reproduce . Owning a painting doesn't mean you have the right to display it in public . If someone copies the image in the painting without permission , Consumers have no right to sue for copyright infringement .

In addition to clarifying their own rights and interests , Buying digital collections (NFT) when , Both lawyers suggested : Consumers must understand the corresponding laws and regulations and platform qualification , If you buy from a domestic platform NFT And encounter legal problems , Complaints can be made to the market supervision authority and the consumer protection association , In case of fraud ,NFT Theft , Report the case to the public security organ , Civil disputes can also be brought to the people's court .

 In depth reading 《 On Prevention NFT Related financial risk initiatives 》

Three associations 《 Initiative 》 Under the

Qualitative and future trend of digital collections

《 Initiative 》 The beginning is NFT The development of the industry has been summarized :

“NFT As an innovative application of blockchain Technology , In enriching the digital economy model 、 Promoting the development of cultural and creative industries shows certain potential value .”

It is also indicated later that “ Standardize the application of blockchain technology , Develop NFT Promoting industrial digitization 、 The positive role of digital industrialization ……. Protect the intellectual property rights of the underlying goods , Support genuine digital cultural and creative works .”

These two paragraphs affirm... From the perspective of function NFT In industry digitization 、 The positive role of digital industrialization , Also recognized NFT Potential value in promoting cultural and creative industries , From this perspective , This 《 Initiative 》 Yes NFT The development of the industry has revealed positive signals , To some extent, it also gives the industry a certain “ A sense of security ”.

This “ A sense of security ” Where does the value support come from ?

Lawyer Liu Lei believes that :“ Existence is reason ”, Hot is not out of thin air , In our country NFT Digital collections have their own value , Mainly in three aspects ::

1. Digital content capitalization : Any asset with unique characteristics can be cast into NFT, Increased its collection value .

2. Traditional cultural and creative NFT Can help build culture IP, Bring traditional culture back into public view .

3. Intellectual property protection : because NFT Rely on blockchain technology to ensure the uniqueness of assets , Authenticity and permanence , It can effectively solve the problem of confirming rights , Provide new ideas for intellectual property protection .

 In depth reading 《 On Prevention NFT Related financial risk initiatives 》

according to an uncompleted statistic , The domestic NFT The platform has more than 200 home , Compared with NFT At the beginning of the rise of digital collections, several companies dominated , Now it is obvious that a hundred flowers are in full bloom , There are also more and more well-known IP And institutions NFT. From Marvel 、 Ice mound 、CBA、 Dunhuang to the Asian Games torch , What consumers love NFT Products promote the prosperity of digital cultural innovation and the rise of national tide , Lawyer Liu Lei stressed : On this key node ,《 Initiative 》 The release of “ Profound intention ”, Because I'm optimistic about , Should be eliminated as soon as possible “ The focus ”, With “ rules ” The way to escort NFT The long-term rational development of digital collections in China .

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