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Alexander Kim is a journalist based in Vancouver, Canada.
English
Fact Checking
Portfolio
A Special Purpose Broker Dealer May Cause Havoc in TradFi by Unilaterally Declaring ETH To Be A Security
In December 2020, the SEC introduced a new broker-dealer type called 'special purpose broker-dealer' (SPBD) for digital asset securities. Recently, an SPBD proposed to custody Ether (ETH) as a security, which could have significant regulatory implications, potentially reclassifying ETH futures as security futures subject to both SEC and CFTC oversight. The regulatory status of ETH is currently unclear, with the CFTC viewing it as a commodity and the SEC not publicly challenging this view. However, SEC Chair Gary Gensler has not confirmed his stance on ETH's classification. If ETH is deemed a security, it would necessitate a transition period for market participants to adjust, similar to transitions for security indices. The article suggests that the SEC should not allow an SPBD to unilaterally decide ETH's status and should consult with the CFTC before any reclassification, to avoid market disruption.
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Based Swap Execution Facility Rules That Closely Resemble Existing CFTC Swap Execution Facility Rules
The Securities and Exchange Commission (SEC) has adopted final rules to establish a trading regime for security-based swaps (SBS) under the Dodd-Frank Act, titled 'Regulation SE.' These rules create a framework for the registration and regulation of SBS execution facilities (SBSEFs) and address issues such as cross-border application, exceptions from registration, and conflicts of interest. The new SBSEF regime closely resembles the Commodity Futures Trading Commission's (CFTC) SEF regime, with some differences due to statutory authority and market characteristics. Key modifications include the removal of the 'block trade' definition, changes to daily market data reports, and guidance on SBS transactions intended for clearing. The SEC aims to harmonize its rules with the CFTC's to facilitate dual registration and minimize costs for market participants. The rules also address cross-border transactions, requiring foreign platforms facilitating SBS for 'covered persons' to register as SBSEFs. The compliance schedule mandates that entities file for SBSEF registration within 180 days of the rules' effective date.
Outpatient Interventional Oncology: Lessons Learned and Getting Started
Interventional oncology (IO) is a challenging yet rewarding field, particularly when transitioning from an academic hospital setting to an outpatient space. Key lessons include the importance of maintaining hospital presence to build an outpatient IO practice, the financial implications of procedures in an outpatient setting, and the critical role of industry collaboration. Establishing relationships with oncology practices and industry partners is essential for navigating regulatory requirements and building a referral network. Despite the challenges, providing high-quality care and maintaining patient interests can lead to a successful outpatient IO practice.
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Copy and Paste: The SEC Adopts Security-Based Swap Execution Facility Rules that Closely Resemble Existing CFTC Swap Execution Facility Rules
The SEC has adopted final rules to establish a trading regime for security-based swaps (SBS) under the Dodd-Frank Act, closely aligning with the CFTC's existing swap execution facility (SEF) rules. The new rules, known as Regulation SE, address SBS execution facilities' registration, regulation, and cross-border application, among other issues. While harmonizing with the CFTC's SEF regime, the SEC's rules include some differences, such as financial resource requirements and the cross-border application of rules. The SEC aims to facilitate dual registration and minimize compliance costs for entities already registered with the CFTC. Key modifications include the removal of the proposed
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FINRA Gains Greater Jurisdiction and Members: Amendments to SEC Rule 15b9-1 Will Require Most Proprietary Trading Broker-Dealers to Join FINRA
The SEC has adopted amendments to Rule 15b9-1, requiring almost all broker-dealers to join FINRA, eliminating a proprietary trading exclusion. This change aims to create a consistent regulatory framework for broker-dealers. Proprietary trading firms must now become FINRA members within 365 days of the rule's publication in the Federal Register, unless they are not SEC-registered or only transact on exchanges where they are members. The FINRA membership application process is detailed and can be expedited for certain firms. As FINRA members, firms will have new reporting obligations and will be subject to FINRA's examination and enforcement jurisdiction.
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FINRA Gains Greater Jurisdiction And Members: Amendments To SEC Rule 15b9
The Securities and Exchange Commission (SEC) has adopted amendments to SEC Rule 15b9-1, requiring nearly all broker-dealers to join the Financial Industry Regulatory Authority (FINRA). This change eliminates a long-standing proprietary trading exclusion, impacting approximately 64 firms. The amendments introduce two narrow exceptions for off-member-exchange securities transactions, significantly limiting the previous exemption. Proprietary trading firms must now navigate the FINRA membership application process, which can be time-consuming but may be expedited for certain firms. FINRA membership imposes additional obligations, including trade reporting and compliance with FINRA rules, and subjects firms to FINRA's examination and enforcement jurisdiction.
SEC Denial of Grayscale Bitcoin Fund Was Arbitrary and Capricious Rules DC Circuit Court of Appeals
The United States Court of Appeals for the District of Columbia Circuit ruled that the SEC acted arbitrarily and capriciously in denying Grayscale Investment LLC's proposed bitcoin exchange-traded fund (ETP). The court found that the SEC failed to provide a reasonable explanation for treating Grayscale's fund differently from similar bitcoin futures ETPs. As a result, the SEC must reconsider its previous disapproval. The decision led to a significant increase in the price of bitcoin, reflecting market optimism about the ruling.
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Quantum Computing Could Threaten Blockchain, Crypto
Quantum computers, utilizing qubits and principles of quantum mechanics, have the potential to break advanced cryptographic protocols, including those used in blockchain technologies. Current quantum computers are limited and error-prone, but recent research by IBM and UC Berkeley suggests they may soon offer utility beyond classical computers. This could lead to faster cryptocurrency mining and the possibility of decrypting private keys, posing a threat to the decentralization and security of blockchain protocols. Developers are exploring quantum-resistant cryptography to mitigate these risks. The article highlights the importance for investors, users, and regulators to consider the potential impact of quantum computing on cryptocurrencies and blockchain technology.
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Quantum Computing Could Threaten Blockchain, Crypto
Quantum computers have the potential to break advanced cryptographic protocols, posing a significant threat to blockchain and cryptocurrency technologies. Quantum computers use qubits, which can perform multiple calculations simultaneously, but are currently error-prone and susceptible to environmental interference. Recent research suggests that quantum computers may become useful sooner than expected, potentially enabling faster cryptocurrency mining and decryption of private keys, which could disrupt the decentralization of blockchain protocols and lead to theft. Developers are exploring quantum-resistant cryptography to mitigate these risks. The global cryptocurrency market, valued at over $1.15 trillion, could face significant risks from quantum computing, prompting asset managers and public companies to consider disclosing potential impacts.
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NFTs and the Enduring Allure of Digital Collectibles
The article explores the persistent and growing interest in NFTs, highlighting their unique appeal in a world of fungible digital assets. It discusses the significant sale of Beeple's digital artwork for $69 million and the subsequent rise in NFT transactions. Despite regulatory uncertainties and market scandals, major corporations are pushing NFTs into the mainstream. The article also mentions the introduction of Bitcoin NFTs through the Taproot update, and the enduring trading volume of NFTs, which reached approximately $24.7 billion in 2022. NFTs offer a tamper-proof and transparent way to verify ownership and authenticity, providing new monetization opportunities for artists and creators.
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SEC Proposes Amendments to the Custody Rule
The SEC has proposed amendments to the Custody Rule under the Advisers Act, aiming to expand its scope to include a wider range of client assets, including cryptoassets. The proposed rule would require advisers to enter into written agreements with qualified custodians and impose additional requirements on these custodians. Commissioner Uyeda supports the proposal but warns it may limit access to crypto assets, while Commissioner Peirce opposes it, citing concerns about feasibility and potential risks to investors' assets.
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CFTC Staff Provides Further Brexit-Related Relief
The Commodity Futures Trading Commission's Market Participants Division, Division of Clearing and Risk, Division of Data, and Division of Market Oversight issued no-action relief to maintain the regulatory status quo for swap dealers following the UK's withdrawal from the EU. This relief exempts swap dealers from certain transaction-level requirements for specific swaps between their foreign branches and non-US persons and allows them to utilize existing relief provided in CFTC Staff Letter No. 20-39.
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NFA Issues Notice Regarding Effective Date of NFA’s Rules Regarding CPO Notice Filing Requirements
The National Futures Association (NFA) issued Notice I-21-15 on April 13, announcing that the new NFA Compliance Rule 2-50 and its related Interpretive Notice will become effective on June 30. Compliance Rule 2-50 mandates that CPO members must promptly notify the NFA if they operate a pool that cannot meet its margin calls, satisfy redemption requests, has halted redemptions, or receives a default notice from a swap counterparty. The Interpretive Notice provides further guidance on these notification events.
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CFTC Staff Issues Continuation of Certain No-Action Relief to Market Participants in Response to COVID-19
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USPTO Announces Possible Extensions Under CARES Act
The United States Patent and Trademark Office (USPTO) announced a 30-day extension for certain submissions and fees under the CARES Act, signed by President Trump on March 27, 2020. The extension applies if the filer is affected by the COVID-19 outbreak, and the submission or fee is due between March 27 and April 30, 2020. The relief covers various submissions and fees, including replies to Office notices, payment of issue fees, and requests for oral hearings before the PTAB. Additional relief is available for small or micro entities.
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USPTO Announces Possible Extensions Under CARES Act
The United States Patent and Trademark Office (USPTO) announced on March 31, 2020, that it will extend certain submissions and fees under the CARES Act, signed by President Trump on March 27. The extension applies if the filer is affected by the COVID-19 outbreak, and the submission or fee is due between March 27, 2020, and April 30, 2020. The relief covers various submissions and fees, including replies to Office notices, payment of issue fees, and requests for oral hearings before the PTAB. Additional relief is available for small or micro entities.
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Singapore’s Revised Patent System Starts Jan. 1, 2020
Singapore's patent system undergoes significant changes starting January 1, 2020. Applications filed before this date can still use the current supplementary examination process, while those filed after must undergo local substantive examination. The Intellectual Property Office of Singapore (IPOS) will have stricter control to ensure compliance with local patent laws. Divisional applications must be filed by December 31, 2019, to benefit from the old system.
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Singapore’s Revised Patent System Starts Jan. 1, 2020
Starting January 1, 2020, Singapore's patent system will undergo significant changes, eliminating the 'foreign route' for patent applications filed on or after this date. Applications filed before December 31, 2019, can still use the current supplementary examination process. The Intellectual Property Office of Singapore (IPOS) will now require local substantive examination for new applications, ensuring stricter compliance with Singapore's patent laws. Divisional applications must also be filed by the end of 2019 to benefit from the 'foreign route.'
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The unlikely fix: treating heroin addiction with heroin
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Vancouver history on your phone: app shows city's look, then and now
Andrew Farris, a UVic student, has co-created the 'On This Spot' app, which offers walking tours of Vancouver, allowing users to view and blend historic photos with current views. The app features themed tours and over 600 photo locations, with more being added. It aims to make history more tangible and engaging for users.
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First Nations couple hosts rare Nlaka'pamux traditional wedding
Alex Harry and Kayleen Hanna, a young couple from Lytton, B.C., hosted a rare Nlaka'pamux traditional wedding overlooking the Thompson River. The ceremony, attended by nearly 100 guests, included hand drumming, singing, and traditional rituals such as binding the couple's hands with a red ribbon and blessing them with sage smoke. The event aimed to revive and honor Nlaka'pamux customs, which had diminished due to colonization. The couple emphasized the importance of keeping indigenous traditions alive and celebrated with a potluck featuring traditional foods.
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Young couple strives to keep indigenous wedding traditions alive
Alex Harry and Kayleen Hanna, members of the Nlaka'pamux First Nation, are planning a traditional wedding at Nicomen Falls to honor their heritage. Indigenous wedding traditions have been lost due to colonization and residential schools, but the couple, along with elder Fred Henry, are working to revive these customs. The ceremony will feature community elders, Nlaka'pamux songs, and a potluck with traditional foods. Grand Chief Stewart Phillip notes an increase in indigenous marriages, reflecting community healing. The Natraoros also revived Squamish wedding traditions in 2008. Harry and Hanna's wedding will include a blessing in the Thompson language and native plant corsages, with the community contributing to the potluck. The wedding aims to pass on traditions to future generations.
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Women warriors rally the indigenous vote
On October 11, 2015, the Rock the Indigenous Vote and Round Dance Rally took place at Vancouver’s International Village, led by a new generation of indigenous women activists.
Turkmenistan Considers Eliminating Generous Energy and Utilities Subsidies for Citizens
Turkmenistan is considering ending its long-standing subsidies for energy and utilities, a system in place since independence. The Council of Elders suggested that citizens should start paying market prices for electricity, natural gas, and water. Historically, these subsidies were introduced by the first president, Saparmurat Niyazov, and continued by his successor, Gurbanguly Berdimuhamedov, albeit with gradual reductions. The decline in global natural gas prices and reduced export revenues are driving this potential policy change. Turkmenistan's heavy reliance on China for gas exports and the planned TAPI pipeline are also highlighted. The government is attempting to diversify the economy, but political constraints may hinder these efforts. The devaluation of the manat and reduced subsidies are expected to increase prices, challenging the government's social contract with its citizens.
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