Decentralized Finance (DeFi) Policy-Maker Toolkit

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The following article provides an overview of the key topics presented and explained in DeFi's Policy-Maker Toolkit. For more details, the Toolkit and the highly recommended accompanying publication, "DeFi Beyond the Hype", are available and free for everyone to download from the links below.

I. Toolkit for creating decentralized finance (DeFi) policies was created thanks to the cooperation of Wharton Blockchain and the Digital Asset Project.

Decentralized Finance (DeFi) is an emerging and rapidly growing area in the cryptocurrency and blockchain technology environment. While examples of DeFi projects have been around for several years, the sudden spike in activity in this area during 2020 has sparked interest from both the private and public sectors.

The DeFi Policy Making Toolkit was released on June 8, 2021. It incorporates the distinctive features and capabilities of DeFi while highlighting some new and existing dangers to the rapid development of decentralized finance projects. The above-mentioned study, apart from a general overview of the DeFi space and a description of its elements, also presents potentially usable legal responses, as well as regulatory postulates. The report, which is a direct result of international collaboration between scientists, lawyers, entrepreneurs creating applications based on DeFi, technologists and regulatory experts, provides a solid foundation for recognizing and understanding the main factors that should guide political decisions.

The following article summarizes the most relevant topics covered and analyzed in the DeFi Policy-Maker Toolkit. The Decentralized Finance Policies Toolkit and the highly recommended and accompanying publication "DeFi Beyond the Hype" are open and free to everyone and can be downloaded here:

Download: Toolkit: https://weforum.ent.box.com/s/9059vh7c40w7550fw9gfupxdubcrr4ph

Read: https://wifpr.wharton.upenn.edu/wp-content/uploads/2021/05/DeFi-Beyond-the-Hype.pdf

1. What is DeFi?

While the technological environment in the area of ​​decentralized finance is changing rapidly, the toolkit offers a functional description to distinguish DeFi from traditional financial services and related services. It should be noted here that the DeFi protocol, services or business model has the following four characteristics:

- they qualify as financial products or services

- operations between users take place without the need for a high degree of trust between the parties to the transaction

- DeFi projects are non-custodial protocols

- these are programmable protocols with open source code and composable architecture

Accordingly, the DeFi "stack" includes the following features:

- the system used to create DeFi protocols is blockchain technology

- digital assets such as tokens or stable coins are functionally related to most DeFi protocols

- cryptocurrency wallets are "gateways" used to connect to DeFi protocols

- the most popular layers of DeFi applications include decentralized exchanges, loan protocols, insurance and synthetic financial instruments

- at the level of aggregation, DeFi protocols are most often characterized by asset and profit management

- DeFi space is characterised by a wide sector of support services such as oracles

2. What is the purpose of the DeFi Toolkit?

The Decentralized Finance Toolkit aims to provide a clear, concise and neutral guide for policymakers and regulators interested in creating a legal framework for the DeFi sector. Thus, the purpose of this document is:

  • Providing the broadest possible overview of the DeFi spaces as well as systematizing the main classes of DeFi protocols, with tools to help understand the implications of new services
  • Research on the potential benefits of using decentralized finance, along with the challenges faced by companies operating in the DeFi space
  • Exposing a detailed breakdown of the threats that DeFi may pose. Many of these are known issues (although sometimes they manifest differently) while others are unique primarily due to blockchain technology as it stands behind decentralized finance

In order to achieve all of the above objectives, the Toolkit specifically includes the following tools for policy makers:

  • Features that distinguish DeFi space,
  • Architecture of the sector and categories of services appearing in it
  • Methods that should be used in the case study
  • Decision tree
  • Context assessment mechanism
  • Stakeholder mapping tool
  • The specter of decentralization

3. Characteristics of DeFi risks.

The DeFi Toolkit includes a risk identification framework covering 17 types of risks, which are divided into five categories:

  • Financial risk: It is the depletion of funds due to other users' transactional behavior with respect to digital assets in the DeFi protocol. Financial risk is divided into 3 subsets of risks:

        a) Market risk

        b) Counterparty risk

        c) Liquidity risk

  • Technical risk: Failure of software systems supporting transaction execution, pricing and integrity. In the area of ​​technical risks, 4 subsets of risks are distinguished:

        a) Transaction risk

        b) Smart contract risk

        c) Miners' risk

        d) Risk related to the work of the oracle

  • Operational risk: Failure of human systems in key management, protocol development or protocol management. This group of risks includes the following subsets "

        a) Routine maintenance and updates

        b) Forks

        c) Key management

        d) Management mechanisms

        e) Settlement of disputes

  • Legal compliance risks: This group of risks relates to the use of decentralized finance to engage in illegal activities or to avoid regulatory obligations. Within this group of risks, we distinguish the following subsets:

        a) Financial crimes

        b) Fraud and market manipulation

        c) Regulatory Arbitration

  • Unpredictable systemic risks: These include risks such as macro-scale failures or weakening of the financial system due to the interaction, scaling and integration of DeFi components. This group of risks includes the following threats:

        a) Dynamic actions

        b) Lightning-fast breakdowns or price cascades

4. Future possible approaches to DeFi policy.

The Toolkit contains a number of policy demands that can and should be adopted for DeFi, including:

  • Forbearance: Decide that no new regulations are needed
  • Alerts: issue alerts to users / consumers
  • Enforcement: Make clear that applicable law already covers the relevant actors and activities and that they are not being complied with
  • Opt-in: an indication of the possibility of being regulated by the DeFi protocols in exchange for certain safeguards, even if there is no legal requirement to do so
  • Trimming regulations: Eliminate regulatory requirements that are no longer necessary in the context of DeFi
  • Limited licensing framework: the ability to obtain an appropriate license with a limited scope or below the size thresholds, with light requirements
  • Prohibited measures: ban certain inappropriate activities in the DeFi sector
  • New License Types: Eliminate the risk with new categories designed for DeFi

5. Currently available policy tools for DeFi.

The Toolkit provides a range of tools that are available to regulate the DeFi sector and its associated risks.

Transition mechanisms: it can be expected that policy approaches can be based on how the digital content was initially addressed. During the initial boom in ICO offerings in 2017, few regulators had the structures or expertise to deal with the phenomenon, as - seemingly out of nowhere - significant capital was pouring into new platforms that claimed to be outside regulatory boundaries. Some of the regulatory solutions for ICO offers may prove useful in the context of DeFi. These can include:

         a) Specialized regulatory units

         b) Encouraging the flow of information

         c) Regulatory sandboxes

         d) Coordination of government activities

Regulation of the life cycle of new technologies:

Where the legislator does not perceive a clear risk initially, regulation usually appears later in the life cycle of a new technology or service, when the damage that may result becomes more probable. Regulators are more inclined to adopt a 'do no harm' approach in the beginning, given the relatively small scale and innovative potential of emerging technologies. For products with clearly known risks or misapplications, the industry is tightly regulated and all steps are carefully supervised and controlled. Technological systems like DeFi tend to avoid regulatory radars, but only temporarily. The Eberhard Advisory team offers you their expertise in the field of new financial technologies such as DeFi.