Eversheds Sutherland Cybersecurity and Privacy Insights Blog
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Virtual currencies as commodities—CFTC wins battle in the fight to define cryptocurrencies as commodities but has it won the war?

A federal court in Massachusetts allowed the US Commodity Futures Trading Commission’s fraud case against virtual currency operators to continue by finding that the digital coin met the definition of “commodity” under the Commodity Exchange Act. The court rejected the defendants’ argument that the virtual currency at issue was not a “commodity” because there was no futures contract...

A week of “firsts” in cryptocurrency prosecution

On September 11, 2018, a number of “firsts” occurred in the prosecution of cryptocurrency-related activities at the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), and federal district court that will likely become the norm going forward. The SEC announced its first enforcement action for an investment company registration violation...

Cyber security rules needed for pipelines: FERC commissioners

If you have turned on the news or picked up a paper lately, you have probably seen reports that foreign enemies are increasingly launching cyber-attacks on America’s critical infrastructure, including energy facilities. To address these threats, electric grid operators must comply with mandatory standards overseen by the Federal Energy Regulatory Commission (FERC) that protect...

Protecting your assets Block and tackle—unclaimed property and cryptocurrency

As promoters of cryptocurrencies and digital-asset exchanges face intense scrutiny from tax, securities and other financial services regulators, they will soon have to contend with unclaimed property (or escheat) laws in the United States. This article explores how these laws could apply to cryptocurrency exchanges, hosted wallets, and other market participants, such as banks,...

DOE Creates Cybersecurity Office

The Department of Energy (DOE) has created a new office for energy security and cybersecurity. The Office of Cybersecurity, Energy Security, and Emergency Response (CESER) will work on energy infrastructure protection and DOE’s role in national security. As Secretary of Energy Rick Perry noted in his statement regarding the creation of the office, “DOE plays a vital role in protecting...

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