Welcome to Degen Lawyer's Newsletter, this week we bring you some fascinating news. Every week we serve up curated analysis, hot takes, and expert commentary on all things emerging tech and law, sprinkled with a healthy dose of wacky and meme-worthy. Enjoy!

In this week’s edition:

WHAT’S HAPPENING AROUND THE WORLD

1. Indonesia says “Pay Up!” to Tech Giants for News Content.

Hold onto your hats, content creators! Indonesia just dropped a mic with a new law. Big tech giants like Facebook and Google will now have to pay news outlets for using their content. Remember, this doesn't apply to you uploading your hilarious cat videos, so keep creating! The law kicks in in six months, and guess what? Australia and Canada already have similar rules, so prepare for a fairer playing field for news worldwide! This feels like Robin Hood for the news industry, aiming to recover from the tech-rich and giving it to the cash-strapped journalist.

2. To Open-Source AI or not to Open-Source AI: Uncle Sam asks!

Uncle Sam is asking the internet world for their two cents on AI! The government seeks public comments to know if keeping AI systems under lock and key is the way to go or if throwing the code open to everyone is a better plan. Tech companies are like a family squabbling over dinner - some think anyone peeking at the recipe is a security nightmare, while others say sharing is caring and fuels innovation. Google, ever the trendsetter, just unleashed a bunch of open-source AI tools, but they swear they prioritised safety first. So is open-source AI a recipe for disaster or a win for progress? You tell Uncle Sam! 

3. Crypto cash grab? England & Wales ask public to weigh in on Digital Property Laws

Forget Monopoly money, crypto might become real property in England and Wales! Their legal team is asking the public to weigh in on a new law that would give crypto some official cred. These fancy digital coins are valuable, but don't quite fit the mold of traditional property. They're also curious how current laws handle the whole "digital stuff" world, from crypto to trade documents. So, if you have any strong opinions (by March 22nd and May 16th!), now's your chance to tell them and potentially influence the future of how we handle all things digital! This could be a big win for crypto enthusiasts, but security questions remain.

THIS WEEKS DEEP READ

“Inside” Yuga Labs and Moonbird’s Insider Trading storm in the NFT world

 In a digital era where innovation leaps bounds faster than regulation can follow, the recent insider trading whispers surrounding the acquisition of Proofs’ Moonbirds by Yuga Labs not only captivated the NFT community but also spotlighted the urgent need for transparency and regulation. Imagine finding out that someone made a fortune because they knew something monumental was about to happen before anyone else did. This is what happened in the world of digital art and cryptocurrencies. Just before a big announcement about Yuga Labs buying Moonbirds, several speculators started buying a huge amount of Moonbirds, making their prices shoot up. It appeared as if they knew about the deal before it was public news, and that's got everyone talking!

Insider Trading Speculation

Yuga Labs is known for creating the Bored Ape Yacht Club, one of the most prominent NFT collections. Proofs, on the other hand, is behind Moonbirds, another highly regarded NFT collection. Yuga Labs’ acquisition of Moonbirds was significant, merging two major players in the digital art space. This move was expected to create new opportunities and collaborations within their ecosystems. However, before the public announcement, there was a noticeable spike in Moonbirds’ trading activity, suggesting that some people might have had advance knowledge of the deal, leading to accusations of insider trading. Prices and sales of Moonbirds NFTs increased significantly just days before the acquisition announcement. This led to discussions on social media and among crypto enthusiasts about the fairness and legality of such actions, given the lack of clear regulations in the NFT space. Representatives from Proof mentioned they were unaware of any leaks, while Yuga Labs did not comment on the situation, highlighting the challenges of regulating and monitoring insider trading in the digital assets market.

Legal analysis into insider trading 

Insider trading, as understood in the corporate law context, involves trading a company’s securities by someone who has non-public, material information about those securities. In India, the legal framework surrounding insider trading is stringent, aimed at maintaining market fairness and investor trust. The Securities and Exchange Board of India (SEBI) defines insider trading under the SEBI (Prohibition of Insider Trading) Regulations, which have evolved over time to address various facets of insider trading and include provisions for disclosures, trading windows, and codes of conduct for insiders. Insiders can be directors, employees, or any person in a contractual, fiduciary, or employment relationship with the company who has access to unpublished price-sensitive information (UPSI). 

Section 11(2) E of the Companies Act, 1956 essentially restricts insider trading to:

• Level playing field for all market participants. 

• Promote openness and fairness in transactions

•  Facilitate the unrestricted dissemination of information and counteract information asymmetry

Information considered sensitive and potentially leading to insider trading legal challenges includes:

•  Plans for announcing dividends

•  Regular financial disclosures

• Actions related to the repurchase or offering of securities

•  Significant shifts in company strategies or operational agendas

• Proposed mergers or acquisitions

Penalties for insider trading in India are severe, reflecting the seriousness with which the regulatory bodies treat such violations. Under SEBI regulations, individuals found guilty of insider trading can face fines up to INR 25 crore or three times the profit made from the insider trading, whichever is higher. In addition to financial penalties, criminal prosecution can also be initiated, leading to possible imprisonment for the individuals involved.

Application of regulations

Regarding the applicability of these regulations to digital assets, the regulatory landscape is less clear. While traditional securities markets are well-regulated in terms of insider trading, the rapidly evolving nature of digital assets, including cryptocurrencies and NFTs (Non-Fungible Tokens), presents new challenges. India’s current regulatory framework primarily focuses on securities listed on traditional exchanges. However, the increasing prominence of digital assets has prompted discussions about extending existing laws or developing new regulations to cover these assets. As of now, specific regulations directly addressing insider trading in digital assets like NFTs are not explicitly laid out in Indian law.

Given the global nature of the digital assets market and the jurisdictional challenges it poses, there is a growing need for comprehensive legal frameworks that can address the nuances of insider trading within this space. This may involve adapting existing laws to better fit the digital context or introducing new legislation specifically aimed at crypto assets and NFTs.

The discussion around the Yuga Labs and Moonbirds case illustrates the broader issues of insider trading in digital assets, highlighting the need for clear regulatory frameworks that can keep pace with technological advancements and protect market integrity.

The Wire Fraud in USA’s Digital Asset Regulation

Drawing a parallel to understand the approach USA takes in cases on insider trading, two case studies hold significant value. The legal actions against Ishan Wahi and Nathaniel Chastain have illuminated the U.S. judiciary's strategy for addressing insider trading in the digital asset space: leveraging wire fraud charges. This method similarly highlights the ongoing challenge of categorising and regulating activities within the rapidly evolving digital market.

Ishan Wahi’s Case

Wahi's involvement in disseminating confidential Coinbase information led to a two-year prison sentence under conspiracy to commit wire fraud charges. This case sets a notable precedent, illustrating how existing laws are being stretched to cover insider trading-like misconduct within cryptocurrency transactions, highlighting the adaptability of legal frameworks to new technological domains. 

Nathaniel Chastain’s NFT Insider Trading Charge

Chastain’s prosecution for using inside knowledge about NFTs to be featured on OpenSea for personal profit resulted in a three-month prison sentence. Marked as a pioneering case of insider trading with digital assets, it reflects the judiciary's commitment to applying broad legal principles, such as fraud and money laundering statutes, to the unique context of NFTs, despite regulatory grey areas. 

These cases signal a robust judicial response to market manipulation in the digital asset ecosystem, indicating that traditional legal principles, wire fraud, money laundering statutes etc can be applied to ensure market integrity. As the digital asset market matures, these proceedings may prompt more specific regulatory guidelines tailored to cryptocurrencies and NFTs, ensuring fair and transparent market practices.

Preventive measures 

After understanding the case studies one can come to an easy conclusion that the world of digital assets isn’t as secure which calls for each individual investing in this space to be cautious. For these individuals navigating the complex landscape of digital assets, especially in contexts like the Yuga Labs and Moonbirds case, here are some suggestions to consider for safeguarding interests and staying compliant with legal norms:

1. Stay Informed: Keep up with the latest regulations concerning digital assets in your jurisdiction. Regulatory bodies in many countries, including India, are actively working on guidelines that pertain to cryptocurrencies, NFTs, and other digital assets. Following reputable news sources and official announcements from regulatory authorities like SEBI can provide valuable insights.

2. Understand the Risks: Trading in digital assets comes with its set of   risks, including legal risks associated with insider trading laws. Understanding these risks and the volatile nature of digital assets is crucial before making any investment.

3. Use Technology Wisely: There are tools and platforms designed to help track and report transactions to ensure compliance with insider trading laws. Utilising these technologies can help individuals maintain a clear record of their trading activities, which can be invaluable for compliance purposes.

   

Conclusion 

The Yuga Labs and Moonbirds incident, involving speculative insider trading ahead of a significant acquisition announcement, emphasises the urgent need for transparent and robust regulations in the digital assets market. This case not only spotlights the potential for market manipulation facilitated by the misuse of privileged information but also serves as a critical reminder of the importance of ethical practices and legal compliance. It underscores the necessity for a concerted effort among lawmakers, regulators, and industry participants to establish clear guidelines that protect investors and maintain market integrity. Addressing these challenges is crucial for fostering an environment of trust and fairness in the rapidly evolving digital economy, ensuring that innovation can continue to flourish without being undermined by unethical behaviour. This situation highlights the broader implications for market fairness and the integrity of digital asset transactions, calling for immediate and thoughtful action to safeguard the interests of all market participants.

DID YOU KNOW?

Feeling like a financial whale but your bank account says "nope"? Fear not, because the world of Bitcoin has you covered! Enter the "sat," the tiniest crumb of Bitcoin named after its creator, Satoshi Nakamoto. Think of it as the sprinkle on top of your Bitcoin cupcake - it's a tiny fraction (one hundred millionth, to be exact) that lets you deal in even smaller slices of the digital pie. So, the next time you want to buy a microdose of something with Bitcoin, you know just what to use: sats!

If you would like to receive regular updates on all things regulatory and policy in the emerging technology space, please click the subscribe button below and follow us on our socials and share it with others you think will enjoy it!