Introduction
It is estimated at least three million Australians now own
some form of crypto asset
The most well-known crypto asset is cryptocurrency.
Cryptocurrencies have proliferated rapidly over the last
decade. Many individuals and businesses who purchase
cryptocurrencies do so to speculate on their value. The
fascination to date with these currencies appears to have
been more speculative (buying cryptocurrencies to make
a profit) than related to their use as a new and unique
system for making payment
However, despite their widespread and accelerating
adoption, cryptocurrencies remain a mystery to many
Australians.
As Australia undergoes rapid transformation to an
advanced digital economy by 2030, it is likely, the use of
cryptocurrencies will continue to increase. In turn, a
better understanding of what cryptocurrencies are, how
they operate and can be used, and associated risks,
must be fostered.
Cryptocurrencies offer a myriad of opportunities for
facilitating business growth and the streamlining of
financial operations. But with the good comes the bad.
While the regulatory environment is rapidly evolving, due
to the pseudo-anonymity they provide, cryptocurrencies
remains a conduit for serious criminal activity. In
addition, there are significant cyber security risks that
need to be considered as cryptocurrencies are more
widely adopted.
The Committee welcomes the opportunity to contribute
to robust and effective cyber security outcomes for
Australia. Therefore, this report explores the cyber
security and cyber crime implications of cryptocurrency
and explores how these risks could be better mitigated.
Although this paper discusses the risks and opportunities
associated with cryptocurrency it does not offer financial
advice or recommend particular investment strategies.
Individuals and businesses should continue to seek
independent legal, financial, taxation or other advice to
check how such investments relate to their unique
circumstances.
This Industry Advisory Council paper explores
cybersecurity considerations with respect to:
● What cryptocurrency is;
● The risks associated with cryptocurrency;
● The nexus between cryptocurrency and crime;
● The current state of domestic and international
cryptocurrency regulation;
● The opportunities cryptocurrency presents.
Finally, the recommendations provide some forward-
facing steps to help foster the secure adoption of
cryptocurrencies in Australia, address crypto-related
crime, as well as support crypto-driven opportunities in
Australia.
What is Cryptocurrency?
Cryptocurrencies are crypto-assets (crypto), also known as
coins or tokens. They are an emerging asset class without a
physical form - they are digital tokens stored in a digital
‘wallet’ and are both speculative and opaque.
Cryptocurrency is typically used as a store of value, for
investment, payment and to execute automated contracts.
The global market is rapidly expanding, with more than 6,000
unique cryptocurrencies worldwide.
Cryptocurrency transactions allow direct peer-to-peer
transactions without an intermediary (e.g., bank or other
regulated financial entity). This model differs to traditional
payment methods, which rely on a central party to maintain
records of transactions. Instead, cryptocurrencies use
distributed ledger technology - a distributed database shared
among a network of computers - to maintain a decentralised
record of transactions and currency ownership.
The most common form of distributed ledger technology is
the ‘Blockchain’. When a new transaction occurs, it forms a
part of a new block that is then added to the chain. As a
result, the blockchain provides a record of every transaction
that has ever occurred and is available to anyone to access.
Most blockchain solutions enable a distributed, unanimous,
immutable record of data and generates trust without the
need for a trusted third party or intermediary. There are
some instances, such as Monero, which are private
decentralised ledgers that makes it more difficult to identify
wallet addresses, transaction amounts, address balances, or
transaction histories and therefore providing less
transparency and traceability.
Many individuals and businesses who purchase
cryptocurrencies do so speculatively. Cryptocurrencies have
no legislated or intrinsic value - they are simply worth what
people are willing to pay for them
.
As a result, large numbers of cryptocurrencies have become
insolvent overnight. Many are registered companies in
foreign countries with different laws than where they reside
and are therefore without any legal recourse. Most are not
registered in Australia and neither the government nor the
courts have jurisdiction. Additionally, as a store of value,
deposits in all modern economies are insured and
guaranteed by the local government. This is typically not the
case for mainstream cryptocurrencies.
The rise of cryptocurrencies has provided a new opportunity
for criminals to launder proceeds of crime. Criminals are
known to be early adopters of emerging technologies and it
has become the currency of choice on the dark web.
The evolution of crypto
Cryptocurrencies, other than stablecoins, are known for
their high volatility, some cryptocurrencies have halved or
doubled in value in the space of a month. Bitcoin, one of
the most well-known cryptocurrencies, is the top performing
asset of any class over the past decade – climbing a
staggering 9,000,000% between 2010 and 2020
Due to the evolving nature of cryptocurrency, Australia,
like its global counterparts, has been considering the
regulatory regime.
Cryptocurrency exchanges
Much like traditional financial exchanges, cryptocurrency
exchanges allow customers to trade cryptocurrencies for other
assets, such as conventional fiat currency or other digital
currencies. Some particular exchanges have adopted a
structure, acting as an intermediary, where they hold the
relevant private encryption keys required to transact.
Major economies, in some instances, refuse to recognise
cryptocurrency as legal tender as this may undermine
government authority by circumventing capital controls and by
removing intermediaries. Hence, cryptocurrencies can
potentially disrupt and destabilise existing financial
infrastructure systems.
In 2014, the world’s then largest cryptocurrency exchange, Mt
Gox, which handled more than 70% of currency transfers,
suspended trading, closed its website, and commenced
bankruptcy liquidation. This occurred after the theft of about
850,000 bitcoins – worth roughly AU$72 bn - from the
exchange’s wallet.
Since the collapse of Mt Gox, a more rigorous approach and
additional scrutiny has been begun to be applied by regulators
and customers of cryptocurrency exchanges.
Therefore, exchanges and the regulatory environment
surrounding them will play a key role in mitigating crypto theft,
the use of cryptocurrencies for criminal activity and ensuring
cyber security is up to scratch.
In 2017, the Government amended the Anti-Money
laundering/Counter-Terrorism Financing (AML/CTF) Act to
regulate Digital Currency Exchanges (DCEs) in recognition of
the emerging money laundering and terrorism financing risks.
DCEs in Australia are regulated under the AML/CTF Act when
they exchange digital currency for fiat currency and vice versa
(but not for digital currency/digital currency exchanges).
And in December 2021, the Australian Government signalled
it would create a licensing framework for cryptocurrency
exchanges as a part of its payments industry overhaul
.
Australian peak bodies, such as Blockchain Australia, certify
exchanges with a code of conduct
. Whilst not a cyber
security standard or a statement of financial viability, this can
give some confidence to consumers regarding best practice
standards in legal compliance, reputation, AML/CTF
protections and consumer protection.
Tokenised “money”
● Stablecoins - privately issued digital assets
designed to decrease volatility by tracking a fiat
currency (e.g. US dollar), commodity (e.g. gold) or
basket of other cryptocurrencies (e.g. Circle’s USDC).
Issued by blue chip, notable and stable firms.
● Central Bank Digital Currencies (CBDC) -
a new form of digital money that would be a liability
of the central bank, these might be retail CBDCs
(available to the public) or wholesale (analogous to
central bank settlement accounts) (see China’s
CBDC project).
● Mainstream cryptocurrencies - privately issued
digital assets that are not denominated in the currency
of any sovereign (e.g. Bitcoin, Ether).
Tokenised other assets
● There has been a proliferation of other assets being
tokenised, some of these are ‘digitally native’ (non
physical) and are defined by their existence on a
blockchain ledger (e.g. Non-fungible Tokens).
Others may represent pre-existing real world assets
such as tokenised representations of real property or
financial instruments.