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Bastian Hasslinger

Bastian Hasslinger

3 years ago

Before 2021, most startups had excessive valuations. It is currently causing issues.

More on Entrepreneurship/Creators

Khoi Ho

Khoi Ho

3 years ago

After working at seven startups, here are the early-stage characteristics that contributed to profitability, unicorn status or successful acquisition.

Image by Tim Mossholder

I've worked in a People role at seven early-stage firms for over 15 years (I enjoy chasing a dream!). Few of the seven achieved profitability, including unicorn status or acquisition.

Did early-stage startups share anything? Was there a difference between winners and losers? YES.

I support founders and entrepreneurs building financially sustainable enterprises with a compelling cause. This isn't something everyone would do. A company's success demands more than guts. Founders drive startup success.

Six Qualities of Successful Startups

Successful startup founders either innately grasped the correlation between strong team engagement and a well-executed business model, or they knew how to ask and listen to others (executive coaches, other company leaders, the team itself) to learn about it.

Successful startups:

1. Co-founders agreed and got along personally.

Multi-founder startups are common. When co-founders agree on strategic decisions and are buddies, there's less friction and politics at work.

As a co-founder, ask your team if you're aligned. They'll explain.

I've seen C-level leaders harbor personal resentments over disagreements. A co-departure founder's caused volatile leadership and work disruptions that the team struggled to manage during and after.

2. Team stayed.

Successful startups have low turnover. Nobody is leaving. There may be a termination for performance, but other team members will have observed the issues and agreed with the decision.

You don't want organizational turnover of 30%+, with leaders citing performance issues but the team not believing them. This breeds suspicion.

Something is wrong if many employees leave voluntarily or involuntarily. You may hear about lack of empowerment, support, or toxic leadership in exit interviews and from the existing team. Intellectual capital loss and resource instability harm success.

3. Team momentum.

A successful startup's team is excited about its progress. Consistently achieving goals and having trackable performance metrics. Some describe this period of productivity as magical, with great talents joining the team and the right people in the right places. Increasing momentum.

I've also seen short-sighted decisions where only some departments, like sales and engineering, had goals. Lack of a unified goals system created silos and miscommunication. Some employees felt apathetic because they didn't know how they contributed to team goals.

4. Employees advanced in their careers.

Even if you haven't created career pathing or professional development programs, early-stage employees will grow and move into next-level roles. If you hire more experienced talent and leaders, expect them to mentor existing team members. Growing companies need good performers.

New talent shouldn't replace and discard existing talent. This creates animosity and makes existing employees feel unappreciated for their early contributions to the company.

5. The company lived its values.

Culture and identity are built on lived values. A company's values affect hiring, performance management, rewards, and other processes. Identify, practice, and believe in company values. Starting with team values instead of management or consultants helps achieve this. When a company's words and actions match, it builds trust.

When company values are beautifully displayed on a wall but few employees understand them, the opposite is true. If an employee can't name the company values, they're useless.

6. Communication was clear.

When necessary information is shared with the team, they feel included, trusted, and like owners. Transparency means employees have the needed information to do their jobs. Disclosure builds trust. The founders answer employees' questions honestly.

Information accessibility decreases office politics. Without transparency, even basic information is guarded and many decisions are made in secret. I've seen founders who don't share financial, board meeting, or compensation and equity information. The founders' lack of trust in the team wasn't surprising, so it was reciprocated.

The Choices

Finally. All six of the above traits (leadership alignment, minimal turnover, momentum, professional advancement, values, and transparency) were high in the profitable startups I've worked at, including unicorn status or acquisition.

I've seen these as the most common and constant signals of startup success or failure.

These characteristics are the product of founders' choices. These decisions lead to increased team engagement and business execution.

Here's something to consider for startup employees and want-to-bes. 90% of startups fail, despite the allure of building something new and gaining ownership. With the emotional and time investment in startup formation, look for startups with these traits to reduce your risk.

Both you and the startup will thrive in these workplaces.

Scrum Ventures

Scrum Ventures

3 years ago

Trends from the Winter 2022 Demo Day at Y Combinators

Y Combinators Winter 2022 Demo Day continues the trend of more startups engaging in accelerator Demo Days. Our team evaluated almost 400 projects in Y Combinator's ninth year.

After Winter 2021 Demo Day, we noticed a hurry pushing shorter rounds, inflated valuations, and larger batches.

Despite the batch size, this event's behavior showed a return to normalcy. Our observations show that investors evaluate and fund businesses more carefully. Unlike previous years, more YC businesses gave investors with data rooms and thorough pitch decks in addition to valuation data before Demo Day.

Demo Day pitches were virtual and fast-paced, limiting unplanned meetings. Investors had more time and information to do their due research before meeting founders. Our staff has more time to study diverse areas and engage with interesting entrepreneurs and founders.

This was one of the most regionally diversified YC cohorts to date. This year's Winter Demo Day startups showed some interesting tendencies.

Trends and Industries to Watch Before Demo Day

Demo day events at any accelerator show how investment competition is influencing startups. As startups swiftly become scale-ups and big success stories in fintech, e-commerce, healthcare, and other competitive industries, entrepreneurs and early-stage investors feel pressure to scale quickly and turn a notion into actual innovation.

Too much eagerness can lead founders to focus on market growth and team experience instead of solid concepts, technical expertise, and market validation. Last year, YC Winter Demo Day funding cycles ended too quickly and valuations were unrealistically high.

Scrum Ventures observed a longer funding cycle this year compared to last year's Demo Day. While that seems promising, many factors could be contributing to change, including:

  • Market patterns are changing and the economy is becoming worse.

  • the industries that investors are thinking about.

  • Individual differences between each event batch and the particular businesses and entrepreneurs taking part

The Winter 2022 Batch's Trends

Each year, we also wish to examine trends among early-stage firms and YC event participants. More international startups than ever were anticipated to present at Demo Day.

Less than 50% of demo day startups were from the U.S. For the S21 batch, firms from outside the US were most likely in Latin America or Europe, however this year's batch saw a large surge in startups situated in Asia and Africa.

YC Startup Directory

163 out of 399 startups were B2B software and services companies. Financial, healthcare, and consumer startups were common.

Our team doesn't plan to attend every pitch or speak with every startup's founders or team members. Let's look at cleantech, Web3, and health and wellness startup trends.

Our Opinions Following Conversations with 87 Startups at Demo Day

In the lead-up to Demo Day, we spoke with 87 of the 125 startups going. Compared to B2C enterprises, B2B startups had higher average valuations. A few outliers with high valuations pushed B2B and B2C means above the YC-wide mean and median.

Many of these startups develop business and technology solutions we've previously covered. We've seen API, EdTech, creative platforms, and cybersecurity remain strong and increase each year.

While these persistent tendencies influenced the startups Scrum Ventures looked at and the founders we interacted with on Demo Day, new trends required more research and preparation. Let's examine cleantech, Web3, and health and wellness startups.

Hardware and software that is green

Cleantech enterprises demand varying amounts of funding for hardware and software. Although the same overarching trend is fueling the growth of firms in this category, each subgroup has its own strategy and technique for investigation and identifying successful investments.

Many cleantech startups we spoke to during the YC event are focused on helping industrial operations decrease or recycle carbon emissions.

  • Carbon Crusher: Creating carbon negative roads

  • Phase Biolabs: Turning carbon emissions into carbon negative products and carbon neutral e-fuels

  • Seabound: Capturing carbon dioxide emissions from ships

  • Fleetzero: Creating electric cargo ships

  • Impossible Mining: Sustainable seabed mining

  • Beyond Aero: Creating zero-emission private aircraft

  • Verdn: Helping businesses automatically embed environmental pledges for product and service offerings, boost customer engagement

  • AeonCharge: Allowing electric vehicle (EV) drivers to more easily locate and pay for EV charging stations

  • Phoenix Hydrogen: Offering a hydrogen marketplace and a connected hydrogen hub platform to connect supply and demand for hydrogen fuel and simplify hub planning and partner program expansion

  • Aklimate: Allowing businesses to measure and reduce their supply chain’s environmental impact

  • Pina Earth: Certifying and tracking the progress of businesses’ forestry projects

  • AirMyne: Developing machines that can reverse emissions by removing carbon dioxide from the air

  • Unravel Carbon: Software for enterprises to track and reduce their carbon emissions

Web3: NFTs, the metaverse, and cryptocurrency

Web3 technologies handle a wide range of business issues. This category includes companies employing blockchain technology to disrupt entertainment, finance, cybersecurity, and software development.

Many of these startups overlap with YC's FinTech trend. Despite this, B2C and B2B enterprises were evenly represented in Web3. We examined:

  • Stablegains: Offering consistent interest on cash balance from the decentralized finance (DeFi) market

  • LiquiFi: Simplifying token management with automated vesting contracts, tax reporting, and scheduling. For companies, investors, and finance & accounting

  • NFTScoring: An NFT trading platform

  • CypherD Wallet: A multichain wallet for crypto and NFTs with a non-custodial crypto debit card that instantly converts coins to USD

  • Remi Labs: Allowing businesses to more easily create NFT collections that serve as access to products, memberships, events, and more

  • Cashmere: A crypto wallet for Web3 startups to collaboratively manage funds

  • Chaingrep: An API that makes blockchain data human-readable and tokens searchable

  • Courtyard: A platform for securely storing physical assets and creating 3D representations as NFTs

  • Arda: “Banking as a Service for DeFi,” an API that FinTech companies can use to embed DeFi products into their platforms

  • earnJARVIS: A premium cryptocurrency management platform, allowing users to create long-term portfolios

  • Mysterious: Creating community-specific experiences for Web3 Discords

  • Winter: An embeddable widget that allows businesses to sell NFTs to users purchasing with a credit card or bank transaction

  • SimpleHash: An API for NFT data that provides compatibility across blockchains, standardized metadata, accurate transaction info, and simple integration

  • Lifecast: Tools that address motion sickness issues for 3D VR video

  • Gym Class: Virtual reality (VR) multiplayer basketball video game

  • WorldQL: An asset API that allows NFT creators to specify multiple in-game interpretations of their assets, increasing their value

  • Bonsai Desk: A software development kit (SDK) for 3D analytics

  • Campfire: Supporting virtual social experiences for remote teams

  • Unai: A virtual headset and Visual World experience

  • Vimmerse: Allowing creators to more easily create immersive 3D experiences

Fitness and health

Scrum Ventures encountered fewer health and wellness startup founders than Web3 and Cleantech. The types of challenges these organizations solve are still diverse. Several of these companies are part of a push toward customization in healthcare, an area of biotech set for growth for companies with strong portfolios and experienced leadership.

Here are several startups we considered:

  • Syrona Health: Personalized healthcare for women in the workplace

  • Anja Health: Personalized umbilical cord blood banking and stem cell preservation

  • Alfie: A weight loss program focused on men’s health that coordinates medical care, coaching, and “community-based competition” to help users lose an average of 15% body weight

  • Ankr Health: An artificial intelligence (AI)-enabled telehealth platform that provides personalized side effect education for cancer patients and data collection for their care teams

  • Koko — A personalized sleep program to improve at-home sleep analysis and training

  • Condition-specific telehealth platforms and programs:

  • Reviving Mind: Chronic care management covered by insurance and supporting holistic, community-oriented health care

  • Equipt Health: At-home delivery of prescription medical equipment to help manage chronic conditions like obstructive sleep apnea

  • LunaJoy: Holistic women’s healthcare management for mental health therapy, counseling, and medication

12 Startups from YC's Winter 2022 Demo Day to Watch

Bobidi: 10x faster AI model improvement

Artificial intelligence (AI) models have become a significant tool for firms to improve how well and rapidly they process data. Bobidi helps AI-reliant firms evaluate their models, boosting data insights in less time and reducing data analysis expenditures. The business has created a gamified community that offers a bug bounty for AI, incentivizing community members to test and find weaknesses in clients' AI models.

Magna: DeFi investment management and token vesting

Magna delivers rapid, secure token vesting so consumers may turn DeFi investments into primitives. Carta for Web3 allows enterprises to effortlessly distribute tokens to staff or investors. The Magna team hopes to allow corporations use locked tokens as collateral for loans, facilitate secondary liquidity so investors can sell shares on a public exchange, and power additional DeFi applications.

Perl Street: Funding for infrastructure

This Fintech firm intends to help hardware entrepreneurs get financing by [democratizing] structured finance, unleashing billions for sustainable infrastructure and next-generation hardware solutions. This network has helped hardware entrepreneurs achieve more than $140 million in finance, helping companies working on energy storage devices, EVs, and creating power infrastructure.

CypherD: Multichain cryptocurrency wallet

CypherD seeks to provide a multichain crypto wallet so general customers can explore Web3 products without knowledge hurdles. The startup's beta app lets consumers access crypto from EVM blockchains. The founders have crypto, financial, and startup experience.

Unravel Carbon: Enterprise carbon tracking and offsetting

Unravel Carbon's AI-powered decarbonization technology tracks companies' carbon emissions. Singapore-based startup focuses on Asia. The software can use any company's financial data to trace the supply chain and calculate carbon tracking, which is used to make regulatory disclosures and suggest carbon offsets.

LunaJoy: Precision mental health for women

LunaJoy helped women obtain mental health support throughout life. The platform combines data science to create a tailored experience, allowing women to access psychotherapy, medication management, genetic testing, and health coaching.

Posh: Automated EV battery recycling

Posh attempts to solve one of the EV industry's largest logistical difficulties. Millions of EV batteries will need to be decommissioned in the next decade, and their precious metals and residual capacity will go unused for some time. Posh offers automated, scalable lithium battery disassembly, making EV battery recycling more viable.

Unai: VR headset with 5x higher resolution

Unai stands apart from metaverse companies. Its VR headgear has five times the resolution of existing options and emphasizes human expression and interaction in a remote world. Maxim Perumal's method of latency reduction powers current VR headsets.

Palitronica: Physical infrastructure cybersecurity

Palitronica blends cutting-edge hardware and software to produce networked electronic systems that support crucial physical and supply chain infrastructure. The startup's objective is to build solutions that defend national security and key infrastructure from cybersecurity threats.

Reality Defender: Deepfake detection

Reality Defender alerts firms to bogus users and changed audio, video, and image files. Reality Deference's API and web app score material in real time to prevent fraud, improve content moderation, and detect deception.

Micro Meat: Infrastructure for the manufacture of cell-cultured meat

MicroMeat promotes sustainable meat production. The company has created technologies to scale up bioreactor-grown meat muscle tissue from animal cells. Their goal is to scale up cultured meat manufacturing so cultivated meat products can be brought to market feasibly and swiftly, boosting worldwide meat consumption.

Fleetzero: Electric cargo ships

This startup's battery technology will make cargo ships more sustainable and profitable. Fleetzero's electric cargo ships have five times larger profit margins than fossil fuel ships. Fleetzeros' founder has marine engineering, ship operations, and enterprise sales and business experience.

The woman

The woman

3 years ago

Because he worked on his side projects during working hours, my junior was fired and sued.

Many developers do it, but I don't approve.

Art made by the author

Aren't many programmers part-time? Many work full-time but also freelance. If the job agreement allows it, I see no problem.

Tech businesses' policies vary. I have a friend in Google, Germany. According to his contract, he couldn't do an outside job. Google owns any code he writes while employed.

I was shocked. Later, I found that different Google regions have different policies.

A corporation can normally establish any agreement before hiring you. They're negotiable. When there's no agreement, state law may apply. In court, law isn't so simple.

I won't delve into legal details. Instead, let’s talk about the incident.

How he was discovered

In one month, he missed two deadlines. His boss was frustrated because the assignment wasn't difficult to miss twice. When a team can't finish work on time, they all earn bad grades.

He annoyed the whole team. One team member (anonymous) told the project manager he worked on side projects during office hours. He may have missed deadlines because of this.

The project manager was furious. He needed evidence. The manager caught him within a week. The manager told higher-ups immediately.

The company wanted to set an example

Management could terminate him and settle the problem. But the company wanted to set an example for those developers who breached the regulation.

Because dismissal isn't enough. Every organization invests heavily in developer hiring. If developers depart or are fired after a few months, the company suffers.

The developer spent 10 months there. The employer sacked him and demanded ten months' pay. Or they'd sue him.

It was illegal and unethical. The youngster paid the fine and left the company quietly to protect his career.

Right or wrong?

Is the developer's behavior acceptable? Let's discuss developer malpractice.

During office hours, may developers work on other projects? If they're bored during office hours, they might not. Check the employment contract or state law.

If there's no employment clause, check country/state law. Because you can't justify breaking the law. Always. Most employers own their employees' work hours unless it's a contractual position.

If the company agrees, it's fine.

I also oppose companies that force developers to work overtime without pay.

Most states and countries have laws that help companies and workers. Law supports employers in this case. If any of the following are true, the company/employer owns the IP under California law.

  • using the business's resources

  • any equipment, including a laptop used for business.

  • company's mobile device.

  • offices of the company.

  • business time as well. This is crucial. Because this occurred in the instance of my junior.

Company resources are dangerous. Because your company may own the product's IP.  If you have seen the TV show Silicon Valley, you have seen a similar situation there, right?

Conclusion

Simple rule. I avoid big side projects. I work on my laptop on weekends for side projects. I'm safe. But I also know that my company might not be happy with that.

As an employee, I suppose I can. I can make side money. I won't promote it, but I'll respect their time, resources, and task. I also sometimes work extra time to finish my company’s deadlines.

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Asha Barbaschow

Asha Barbaschow

3 years ago

Apple WWDC 2022 Announcements

WWDC 2022 began early Tuesday morning. WWDC brought a ton of new features (which went for just shy of two hours).

With so many announcements, we thought we'd compile them. And now...

WWDC?

WWDC is Apple's developer conference. This includes iOS, macOS, watchOS, and iPadOS (all of its iPads). It's where Apple announces new features for developers to use. It's also where Apple previews new software.

Virtual WWDC runs June 6-10.  You can rewatch the stream on Apple's website.

WWDC 2022 news:

Completely everything. Really. iOS 16 first.

iOS 16.

iOS 16 is a major iPhone update. iOS 16 adds the ability to customize the Lock Screen's color/theme. And widgets. It also organizes notifications and pairs Lock Screen with Focus themes. Edit or recall recently sent messages, recover recently deleted messages, and mark conversations as unread. Apple gives us yet another reason to stay in its walled garden with iMessage.

New iOS includes family sharing. Parents can set up a child's account with parental controls to restrict apps, movies, books, and music. iOS 16 lets large families and friend pods share iCloud photos. Up to six people can contribute photos to a separate iCloud library.

Live Text is getting creepier. Users can interact with text in any video frame. Touch and hold an image's subject to remove it from its background and place it in apps like messages. Dictation offers a new on-device voice-and-touch experience. Siri can run app shortcuts without setup in iOS 16. Apple also unveiled a new iOS 16 feature to help people break up with abusive partners who track their locations or read their messages. Safety Check.

Apple Pay Later allows iPhone users to buy products and pay for them later. iOS 16 pushes Mail. Users can schedule emails and cancel delivery before it reaches a recipient's inbox (be quick!). Mail now detects if you forgot an attachment, as Gmail has for years. iOS 16's Maps app gets "Multi-Stop Routing," .

Apple News also gets an iOS 16 update. Apple News adds My Sports. With iOS 16, the Apple Watch's Fitness app is also coming to iOS and the iPhone, using motion-sensing tech to track metrics and performance (as long as an athlete is wearing or carrying the device on their person). 

iOS 16 includes accessibility updates like Door Detection.

watchOS9

Many of Apple's software updates are designed to take advantage of the larger screens in recent models, but they also improve health and fitness tracking.

The most obvious reason to upgrade watchOS every year is to get new watch faces from Apple. WatchOS 9 will add four new faces.

Runners' workout metrics improve.
Apple quickly realized that fitness tracking would be the Apple Watch's main feature, even though it's been the killer app for wearables since their debut. For watchOS 9, the Apple Watch will use its accelerometer and gyroscope to track a runner's form, stride length, and ground contact time. It also introduces the ability to specify heart rate zones, distance, and time intervals, with vibrating haptic feedback and voice alerts.

The Apple Watch's Fitness app is coming to iOS and the iPhone, using the smartphone's motion-sensing tech to track metrics and performance (as long as an athlete is wearing or carrying the device on their person).

We'll get sleep tracking, medication reminders, and drug interaction alerts. Your watch can create calendar events. A new Week view shows what meetings or responsibilities stand between you and the weekend.

iPadOS16

WWDC 2022 introduced iPad updates. iPadOS 16 is similar to iOS for the iPhone, but has features for larger screens and tablet accessories. The software update gives it many iPhone-like features.

iPadOS 16's Home app, like iOS 16, will have a new design language. iPad users who want to blame it on the rain finally have a Weather app. iPadOS 16 will have iCloud's Shared Photo Library, Live Text and Visual Look Up upgrades, and FaceTime Handoff, so you can switch between devices during a call.

Apple highlighted iPadOS 16's multitasking at WWDC 2022. iPad's Stage Manager sounds like a community theater app. It's a powerful multitasking tool for tablets and brings them closer to emulating laptops. Apple's iPadOS 16 supports multi-user collaboration. You can share content from Files, Keynote, Numbers, Pages, Notes, Reminders, Safari, and other third-party apps in Apple Messages.

M2-chip

WWDC 2022 revealed Apple's M2 chip. Apple has started the next generation of Apple Silicon for the Mac with M2. Apple says this device improves M1's performance.

M2's second-generation 5nm chip has 25% more transistors than M1's. 100GB/s memory bandwidth (50 per cent more than M1). M2 has 24GB of unified memory, up from 16GB but less than some ultraportable PCs' 32GB. The M2 chip has 10% better multi-core CPU performance than the M2, and it's nearly twice as fast as the latest 10-core PC laptop chip at the same power level (CPU performance is 18 per cent greater than M1).

New MacBooks

Apple introduced the M2-powered MacBook Air. Apple's entry-level laptop has a larger display, a new processor, new colors, and a notch.

M2 also powers the 13-inch MacBook Pro. The 13-inch MacBook Pro has 24GB of unified memory and 50% more memory bandwidth. New MacBook Pro batteries last 20 hours. As I type on the 2021 MacBook Pro, I can only imagine how much power the M2 will add.

macOS 13.0 (or, macOS Ventura)

macOS Ventura will take full advantage of M2 with new features like Stage Manager and Continuity Camera and Handoff for FaceTime. Safari, Mail, Messages, Spotlight, and more get updates in macOS Ventura.

Apple hasn't run out of California landmarks to name its OS after yet. macOS 13 will be called Ventura when it's released in a few months, but it's more than a name change and new wallpapers. 

Stage Manager organizes windows

Stage Manager is a new macOS tool that organizes open windows and applications so they're still visible while focusing on a specific task. The main app sits in the middle of the desktop, while other apps and documents are organized and piled up to the side.

Improved Searching

Spotlight is one of macOS's least appreciated features, but with Ventura, it's becoming even more useful. Live Text lets you extract text from Spotlight results without leaving the window, including images from the photo library and the web.

Mail lets you schedule or unsend emails.

We've all sent an email we regret, whether it contained regrettable words or was sent at the wrong time. In macOS Ventura, Mail users can cancel or reschedule a message after sending it. Mail will now intelligently determine if a person was forgotten from a CC list or if a promised attachment wasn't included. Procrastinators can set a reminder to read a message later.

Safari adds tab sharing and password passkeys

Apple is updating Safari to make it more user-friendly... mostly. Users can share a group of tabs with friends or family, a useful feature when researching a topic with too many tabs. Passkeys will replace passwords in Safari's next version. Instead of entering random gibberish when creating a new account, macOS users can use TouchID to create an on-device passkey. Using an iPhone's camera and a QR system, Passkey syncs and works across all Apple devices and Windows computers.

Continuity adds Facetime device switching and iPhone webcam.

With macOS Ventura, iPhone users can transfer a FaceTime call from their phone to their desktop or laptop using Handoff, or vice versa if they started a call at their desk and need to continue it elsewhere. Apple finally admits its laptop and monitor webcams aren't the best. Continuity makes the iPhone a webcam. Apple demonstrated a feature where the wide-angle lens could provide a live stream of the desk below, while the standard zoom lens could focus on the speaker's face. New iPhone laptop mounts are coming.

System Preferences

System Preferences is Now System Settings and Looks Like iOS
Ventura's System Preferences has been renamed System Settings and is much more similar in appearance to iOS and iPadOS. As the iPhone and iPad are gateway devices into Apple's hardware ecosystem, new Mac users should find it easier to adjust.


This post is a summary. Read full article here

Robert Kim

Robert Kim

3 years ago

Crypto Legislation Might Progress Beyond Talk in 2022

Financial regulators have for years attempted to apply existing laws to the multitude of issues created by digital assets. In 2021, leading federal regulators and members of Congress have begun to call for legislation to address these issues. As a result, 2022 may be the year when federal legislation finally addresses digital asset issues that have been growing since the mining of the first Bitcoin block in 2009.

Digital Asset Regulation in the Absence of Legislation

So far, Congress has left the task of addressing issues created by digital assets to regulatory agencies. Although a Congressional Blockchain Caucus formed in 2016, House and Senate members introduced few bills addressing digital assets until 2018. As of October 2021, Congress has not amended federal laws on financial regulation, which were last significantly revised by the Dodd-Frank Act in 2010, to address digital asset issues.

In the absence of legislation, issues that do not fit well into existing statutes have created problems. An example is the legal status of digital assets, which can be considered to be either securities or commodities, and can even shift from one to the other over time. Years after the SEC’s 2017 report applying the definition of a security to digital tokens, the SEC and the CFTC have yet to clarify the distinction between securities and commodities for the thousands of digital assets in existence.

SEC Chair Gary Gensler has called for Congress to act, stating in August, “We need additional Congressional authorities to prevent transactions, products, and platforms from falling between regulatory cracks.” Gensler has reached out to Sen. Elizabeth Warren (D-Ma.), who has expressed her own concerns about the need for legislation.

Legislation on Digital Assets in 2021

While regulators and members of Congress talked about the need for legislation, and the debate over cryptocurrency tax reporting in the 2021 infrastructure bill generated headlines, House and Senate bills proposing specific solutions to various issues quietly started to emerge.

Digital Token Sales

Several House bills attempt to address securities law barriers to digital token sales—some of them by building on ideas proposed by regulators in past years.

Exclusion from the definition of a security. Congressional Blockchain Caucus members have been introducing bills to exclude digital tokens from the definition of a security since 2018, and they have revived those bills in 2021. They include the Token Taxonomy Act of 2021 (H.R. 1628), successor to identically named bills in 2018 and 2019, and the Securities Clarity Act (H.R. 4451), successor to a 2020 namesake.

Safe harbor. SEC Commissioner Hester Peirce proposed a regulatory safe harbor for token sales in 2020, and two 2021 bills have proposed statutory safe harbors. Rep. Patrick McHenry (R-N.C.), Republican leader of the House Financial Services Committee, introduced a Clarity for Digital Tokens Act of 2021 (H.R. 5496) that would amend the Securities Act to create a safe harbor providing a grace period of exemption from Securities Act registration requirements. The Digital Asset Market Structure and Investor Protection Act (H.R. 4741) from Rep. Don Beyer (D-Va.) would amend the Securities Exchange Act to define a new type of security—a “digital asset security”—and add issuers of digital asset securities to an existing provision for delayed registration of securities.

Stablecoins

Stablecoins—digital currencies linked to the value of the U.S. dollar or other fiat currencies—have not yet been the subject of regulatory action, although Treasury Secretary Janet Yellen and Federal Reserve Chair Jerome Powell have each underscored the need to create a regulatory framework for them. The Beyer bill proposes to create a regulatory regime for stablecoins by amending Title 31 of the U.S. Code. Treasury Department approval would be required for any “digital asset fiat-based stablecoin” to be issued or used, under an application process to be established by Treasury in consultation with the Federal Reserve, the SEC, and the CFTC.

Serious consideration for any of these proposals in the current session of Congress may be unlikely. A spate of autumn bills on crypto ransom payments (S. 2666, S. 2923, S. 2926, H.R. 5501) shows that Congress is more inclined to pay attention first to issues that are more spectacular and less arcane. Moreover, the arcaneness of digital asset regulatory issues is likely only to increase further, now that major industry players such as Coinbase and Andreessen Horowitz are starting to roll out their own regulatory proposals.

Digital Dollar vs. Digital Yuan

Impetus to pass legislation on another type of digital asset, a central bank digital currency (CBDC), may come from a different source: rivalry with China.
China established itself as a world leader in developing a CBDC with a pilot project launched in 2020, and in 2021, the People’s Bank of China announced that its CBDC will be used at the Beijing Winter Olympics in February 2022. Republican Senators responded by calling for the U.S. Olympic Committee to forbid use of China’s CBDC by U.S. athletes in Beijing and introducing a bill (S. 2543) to require a study of its national security implications.

The Beijing Olympics could motivate a legislative mandate to accelerate implementation of a U.S. digital dollar, which the Federal Reserve has been in the process of considering in 2021. Antecedents to such legislation already exist. A House bill sponsored by 46 Republicans (H.R. 4792) has a provision that would require the Treasury Department to assess China’s CBDC project and report on the status of Federal Reserve work on a CBDC, and the Beyer bill includes a provision amending the Federal Reserve Act to authorize issuing a digital dollar.

Both parties are likely to support creating a digital dollar. The Covid-19 pandemic made a digital dollar for delivery of relief payments a popular idea in 2020, and House Democrats introduced bills with provisions for creating one in 2020 and 2021. Bipartisan support for a bill on a digital dollar, based on concerns both foreign and domestic in nature, could result.

International rivalry and bipartisan support may make the digital dollar a gateway issue for digital asset legislation in 2022. Legislative work on a digital dollar may open the door for considering further digital asset issues—including the regulatory issues that have been emerging for years—in 2022 and beyond.

James White

James White

3 years ago

Ray Dalio suggests reading these three books in 2022.

An inspiring reading list

Wikimedia Commons

I'm no billionaire or hedge-fund manager. My bank account doesn't have millions. Ray Dalio's love of reading motivates me to think differently.

Here are some books recommended by Ray Dalio. Each influenced me. Hope they'll help you.

Sapiens by Yuval Noah Harari

Page Count: 512
Rating on Goodreads: 4.39

My favorite nonfiction book.

Sapiens explores human evolution. It explains how Homo Sapiens developed from hunter-gatherers to a dominant species. Amazing!

Sapiens will teach you about human history. Yuval Noah Harari has a follow-up book on human evolution.

Goodreads

My favorite book quotes are:

  • The tendency for luxuries to turn into necessities and give rise to new obligations is one of history's few unbreakable laws.

  • Happiness is not dependent on material wealth, physical health, or even community. Instead, it depends on how closely subjective expectations and objective circumstances align.

  • The romantic comparison between today's industry, which obliterates the environment, and our forefathers, who coexisted well with nature, is unfounded. Homo sapiens held the record among all organisms for eradicating the most plant and animal species even before the Industrial Revolution. The unfortunate distinction of being the most lethal species in the history of life belongs to us.

The Power Of Habit by Charles Duhigg

Page Count: 375
Rating on Goodreads: 4.13

Great book: The Power Of Habit. It illustrates why habits are everything. The book explains how healthier habits can improve your life, career, and society.

The Power of Habit rocks. It's a great book on productivity. Its suggestions helped me build healthier behaviors (and drop bad ones).

Read ASAP!

Goodreads

My favorite book quotes are:

  • Change may not occur quickly or without difficulty. However, almost any behavior may be changed with enough time and effort.

  • People who exercise begin to eat better and produce more at work. They are less smokers and are more patient with friends and family. They claim to feel less anxious and use their credit cards less frequently. A fundamental habit that sparks broad change is exercise.

  • Habits are strong but also delicate. They may develop independently of our awareness or may be purposefully created. They frequently happen without our consent, but they can be altered by changing their constituent pieces. They have a much greater influence on how we live than we realize; in fact, they are so powerful that they cause our brains to adhere to them above all else, including common sense.

Tribe Of Mentors by Tim Ferriss

Page Count: 561
Rating on Goodreads: 4.06

Unusual book structure. It's worth reading if you want to learn from successful people.

The book is Q&A-style. Tim questions everyone. Each chapter features a different person's life-changing advice. In the book, Pressfield, Willink, Grylls, and Ravikant are interviewed.

Amazing!

Goodreads

My favorite book quotes are:

  • According to one's courage, life can either get smaller or bigger.

  • Don't engage in actions that you are aware are immoral. The reputation you have with yourself is all that constitutes self-esteem. Always be aware.

  • People mistakenly believe that focusing means accepting the task at hand. However, that is in no way what it represents. It entails rejecting the numerous other worthwhile suggestions that exist. You must choose wisely. Actually, I'm just as proud of the things we haven't accomplished as I am of what I have. Saying no to 1,000 things is what innovation is.