Banks Forgot Who Was Supposed to Own Dell Shares
bloombergview.com
bloombergview.com
NASDAQ Private Market, the firm's venue for trading private listings, has repeatedly advertised its intention to start testing a blockchain-based clearing process within the next year [0, 1]. The fast, cheap clearing NASDAQ hopes the blockchain will provide may make it much easier to trade shares in private companies (including pre-IPO startups). There are higher regulatory and technological barriers to clearing publicly listed securities, but tracking the ownership of an abstract commodity that is as often traded as a share of stock seems like an obvious application of Bitcoin's decentralized ledger.
0. http://www.technologyreview.com/news/539171/why-nasdaq-is-be...
1. http://www.wired.com/2015/05/nasdaq-bringing-bitcoin-closer-...
EDIT: As I type this my comment sits at 0 points, as does every comment I make even remotely critical of bitcoin and the blockchain. Why does HN hate people that are critical of bitcoin?
If you have a good reason to use a public, decentralized, open-access, append-only ledger, then you very probably want to use Bitcoin's blockchain. Roll-your-own blockchains make very little sense, as yours will be much less secure than Bitcoin's without massive investments—investments which would give you still better security if they were directed at Bitcoin's blockchain instead.
On the other hand, if you don't want a public, decentralized, open-access, append-only ledger, then you should probably just use Postgres. Like DTC already does.
When people talk about 50% control of bitcoins blockchain today, they are talking about mining pools, where the ones promising the best dividends get all the registrations and thus get a huge chunk of the mining community. Which just means they always sit at 40 - 49% share in the market, and never 50%, because miners know better.
I would have to doubt the feasibility of even an entity as insanely huge as NASDAQ being able to justify enough computational power to get basically one falsified transaction in bitcoin, before the fact NASDAQ was 51%ing bitcoin caused that huge investment in bitcoin mining I mentioned earlier.
So 51%ing bitcoin is a chicken and egg problem. Any source of capital large enough to monolithically 51% the network is also large enough to bring so much attention to bitcoin that new miners would drive the network size up immediately afterwards. You would probably never be able to maintain continuous 51% control over that kind of runaway interest.
It's not that bad. See https://en.bitcoin.it/wiki/Weaknesses
"An attacker that controls more than 50% of the network's computing power can, for the time that he is in control, exclude and modify the ordering of transactions. This allows him to:
Reverse transactions that he sends while he's in control. This has the potential to double-spend transactions that previously had already been seen in the block chain. Prevent some or all transactions from gaining any confirmations Prevent some or all other miners from mining any valid blocks
The attacker can't:
Reverse other people's transactions Prevent transactions from being sent at all (they'll show as 0/unconfirmed) Change the number of coins generated per block Create coins out of thin air Send coins that never belonged to him"
Regarding your "edit", perhaps voters don't consider your comment that insightful, especially when you spread negative information about bitcoin, such as 50% attacks allowing attackers to "make arbitrary changes to the blockchain".
> which means that they could make arbitrary changes to the blockchain
This makes it sound like the 51% attacker could make arbitrary changes to the ledger, thereby stealing arbitrary shares. That is not the case. For example, such an attacker cannot forge any signatures and thus cannot manipulate transactions. All the attacker can do is censor new transactions or slowly unroll past transactions. In case of 51% of the computing power, unrolling could happen at a speed of (51% - 49%) = 2% of time, i.e. if the attack lasts for 50 days, the attacker could unroll one day worth of transactions. What makes the unrolling problematic, is that it enables the attacker to double-spend. One potential measure for NASDAQ to prevent this is to demand known signatures to be used for transactions (i.e. whenever you transfer shares, you must use a signature you previously registered with NASDAQ). With colored coins, the issuer can enforce such restrictions by refusing to redeem shares that were not properly obtained. So even in case of such an attack, NASDAQ could identify the attacker (or the person collaborating with the attacker in order to attempt a double-spend) and initiate legal measures (i.e. sue the attacker for damages).
Ok, that's fair, however, I specifically said "whether that is true or not" because I didn't know, I was just repeating the article, which is clearly wrong.
Anyway, we're not allowed to talk about downvoting because it's against the rules. It's the great HN Catch 22.
That seems like it might happen in egregious cases, but I'm not sure why people think someone is going to spend a couple of minutes analyzing whether the 4 down clicks on their tossaway comment were fair minded (whatever that means) or not.
So the problem isn't just that it's a boring discussion, it's also just not a reasonable expectation that every single click be fair (whatever that means).
No offense, but you don't appear to understand these subjects very well and you seem to have limited knowledge of them, yet you persist in commenting on them and thereby spreading misinformation.
Possibly you believe you understand the subject better that you actually do? You're not the only person falling into this trap, and I'm sure you intend no malice, but this may be why you get a few downvotes.
I happened to notice this a few days ago, when you made a statement about bitcoin that a few seconds on Google could have shown you was poorly-informed. That's OK, everyone makes mistakes like this sometimes, but when I pointed out the error, you unfortunately tried to divert attention with an extremely weak strawman argument, and then just stopped responding. It's tiresome.
https://news.ycombinator.com/item?id=9837379
There are many, many criticisms that you could make of blockchain technology and bitcoin, not least of which is that nobody even knows for sure if they will work as intended as they scale up. There's no need to leap into the debate with such poorly-informed statements
Yes it would be possible but it would be expensive and a very short lived way of making money. of course a nation state that wanted to get rid fo BTC would like this but for private individuals or firms there would be no incentive to under take an attack like this.
Participants in regulated financial markets are all known, which makes the entire design of the Bitcoin blockchain moot. There are much better fits in the design space for financial institutions.
The only reason you see NASDAQ playing with such "colored coin" solutions is that there is currently very little expertise in this space in financial institutions, and there is a monumental hype machine behind Bitcoin.
I love Bitcoin for its counter-economics potential, but "colored coin" solutions for established institutions are a horrendously bad idea.
>Participants in regulated financial markets are all known, which makes the entire design of the Bitcoin blockchain moot.
My understanding is that one of the major ideas of the Bitcoin blockchain is to solve the Byzantine generals problem, where it's irrelevant whether the participating generals are known. What is relevant is that the generals cannot/do not necessarily trust each other, yet they must still reach consensus. It's the trust issue that's important here, not the pseudonymity that one particular blockchain (Bitcoin's, in this instance) can provide.
> The only reason you see NASDAQ playing with such "colored coin" solutions is that there is currently very little expertise in this space in financial institutions, and there is a monumental hype machine behind Bitcoin.
I can't read the minds of any NASDAQ VIPs, but I suspect they have more than one reason for experimenting with emerging technologies. Maybe they don't want exposure to counterparty risk such as we find in TFA with regards to DTC/Cede & Co. Or perhaps they're attempting to quantify the tradeoffs in risks among different possession and clearing mechanisms. Or, sure, maybe they're being distracted by the newest hotness.
I welcome being proven wrong, but I'd be very surprised that the "monumental hype machine" behind an emerging technology -- whose market cap is less than half of NDAQ's -- is what convinced a group within NASDAQ to consider some use of Bitcoin's blockchain.
The main problem with anonymous consensus are Sybil attacks. You need a way to limit the size of the consensus pool. Bitcoin does that using proof-of-work (quite elegantly, Bitcoin's PoW does actually a lot more than that, but this is really it's raison d'etre).
I recommend reading Ben Laurie on the topic. http://www.links.org/files/decentralised-currencies.pdf
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If you look at the current problem with DTCC, you'll notice is has little to do with centralization, and more to do with the fact that there is no technological transparency. If all of these systems ran with well defined API, most of the issues would go away.
What financial are mostly after is a shared ledger with programmatic access. Distributed is just a nice add-on.
This is a bit off topic but I'm very curious. How would one go about trading consumable items via the blockchain? The entries for the items would have to move to a consumed state somehow which seems really hard to track. Maybe it's trivial and I'm missing something? For arguments sake let's say a barrel of oil or something like that.
How would that help? The reason this was an issue at all is that the legal names on the paper certificate matter because of the way Delaware law is written. We already have a perfectly good way of tracking ownership via computer systems; this post is all about the rare case when that fails. I am genuinely struggling to even imagine how you might think the blockchain could possibly help with this. Do you think the Delaware statutes, which have such a specific notion of ownership that being the beneficial owner of a share held at DTC doesn't count, are likely to be worded in a way that makes knowing the secret string of numbers that constitutes a particular private key counts as ownership? That does not seem at all plausible to me.
/s
In my case, I think everybody was at least motivated in the same direction. But if they had decided to put up a fight? Good heavens.
Full disclosure: I work there.
Sure, there are a few companies that it takes a while for everyone to agree on the facts (example: prior CEO raised a bunch of angel capital on bridge notes, but some notes are missing, incomplete, or not executed...) but we have a lot more companies with near 100% acceptance rate of their outstanding cap.
If you go with some rarely incorporated state's Corporate law you don't even know what traps are there, and there are a lot fewer experts. Also it is perfectly possible that no one will have done what you want to do.
This is why some states more or less slavishly copy Delaware corporate law. Of course the weird and complex case law isn't there, but often it is sort of "ported over".
So, I hope that at least software engineers wouldn't be fast to blame "evil lawyers" for purposefully creating a complex system, but rather understand how this clusterfuck comes into being by himself, out of mismanagement and laziness over generations.
>Here are three stylized facts about stocks
Hmm..."stylized facts", I'm going to have to remember that phrase, it's a good one.
> BONY found the stock certificates for the shares beneficially owned by Manulife and Milliken and redeposited them with DTC in the FAST Account.
I was waiting the whole article to find that sentence.
It's not as simple as this at all, which is why the system has existed for decades. It's not the most efficient, but it's not something that will be replaced by a hackathon project either.
I'm joking of course, but it's only a matter of time until someone tries to Uber (can we make that a verb?) their way over these regulations. And fails miserably at it.
You can sign them and send them in to your broker.
> I have to admit I don't know much about stocks, but the grammar of those sentences hints that this was a C++ problem of misusing pointers :)
My response below, with a warning that if you're not a low level programming geek you should probably not even try to read it:
Actually, it's more like a C# problem of misusing non-pinned-pointers, where the generational garbage collector isn't aware that some invoked C library holds a pointer to something and happily moves it around in memory, and then the C library segfaults.
This is the full story:
Some laws were written under the assumption that owning stock is like calling VirtualAlloc(), but in the 70s there was a paperwork crisis (too many calls to allocate and free pages, the system grinded to a halt) and the US government wrote an stdlib malloc(), which everyone's been using.
There are legacy libraries (laws) written under the assumption that "owning memory" means that the OS page table marks this page as yours, but it's silly because now all pages are marked as malloc()'s. There is case law (bugfix patches) to try and make some sense of it, but in this case malloc() had to free() most of a large allocation but keep some of it allocated and a legacy library that remembers and compares page region base pointers (changed, because most of the large region was free()d) and doesn't look at the malloc() allocation lists (where there was no change in ownership) decided that this memory no longer refers to the same stuff and declined to provide services to it (specifically, a service called "appealing appraisal" that would net the owner of that memory a lot of money).
The CPU (the judge) said he knows this code is buggy and it's not what the user OR the programmer wanted, but he's only the CPU and all he can do is execute the buggy code, and someone please call a programmer (Congress) to fix this code.
While many big public corporations are incorporated in Delaware, there are also quite a few that are not. About 36% of the Fortune 500 are not. Some prominent tech examples are Microsoft (incorporated in Washington) and Apple (incorporated in California).
This is a legal fiction that you can ignore sometimes, except when you can’t, as in this case.
In many other countries, and I’m not sure about the particulars in Brazil, the central book-entry system is the definitive record of who owns shares. There’s no entity like Cede & Co. that is even nominally the owner. (Sometimes brokers are still listed as nominal owners, eliminating one layer compared to the US.)
Whoever is in the book-entry system is the owner, at least from the point of view of the corporation. This is more similar to the way ownership of Treasury bonds is recorded in the US.
In the countries that I’m familiar with, China has direct recording of ownership for individual brokerage clients, while Denmark has a mixed system where some ownership is recorded directly, but “street name” also occurs. Danish securities owned by foreigners are often held through Euroclear or Clearstream, which does operate more or less like DTC/Cede & Co. in the US.
However, that system exists at a level of abstraction WELL above what the author is describing.
In computing terms, you are talking about the system at the HTTP level of abstraction. The author is talking about the system at the transistor level of abstraction.
According to BM&FBOVESPA's own website (http://www.bmfbovespa.com.br/pt-br/servicos/servicos-de-pos-... - unfortunately in Portuguese only), it has fiduciary ownership of the assets, and individual accounts for each end investor. The brokerage doesn't "owns is an entitlement to stock" or similar; there's a single indirection layer. Your brokerage manages that account for you, but the account is in your name, not in the brokerage's name; you can even login directly to the bmfbovespa site (your login is your national tax ID) and monitor it.
He is talking about something around the HTTP and DNS protocol layers, so getting access to 'http://example.com/' for instance, wheras the article is dicussing the IP routing and MAC address layers. That is, where the actual packets eventually end up, on which NIC and which server.
Nowadays there's probably little need for that, but the anglic approach to law in general is to make incremental changes to minimize unintended harm, with much less concern about keeping the law "clean" than European-style systems. I just went to Wikipedia and discovered that the Brazilian constitution was completely rewritten in 1988 (for the seventh time) - that would be unthinkable in the US.
According to that article, the original system used paper certificates stored with the brokers. To do a trade, the broker sent the paper certificates to a central place (the predecessor of the current one), which recorded the trade and sent the paper certificates to the other broker. The current system is a natural evolution of the old system: instead of paper certificates, we have records directly within the CBLC (now a department of BM&FBOVESPA).
The 1988 constitution was rewritten as part of a regime change (from a USA-supported military dictatorship to its present-day democracy). From what I understand, every time the Brazilian constitution was written or rewritten was due to a regime change. I believe the current USA constitution is also from the last time its regime changed, so there's not much difference in that aspect.
https://twitter.com/patio11/status/583696870704152576
It doesn't seem like decentralization or proof-of-work are important here, given that everything is going through a small number of exchanges, and even if not, through a single SEC. The existing system already works on mutual trust between the exchanges and DTC, and it's not the trust that's an issue here, just complexity. Blockchains are complexity.
Cryptographic history and authorization of transfers may be useful, but it just requires some straightforward digital signatures, not blockchains.
So how come Group A's bank isn't liable for any loss that A incurred?