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Regulating the Metaverse Economy

How to Prevent Money Laundering and the Financing of Terrorism

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About this book

This open access book examines regulating an environment that has no jurisdiction, is fully anonymous and infinitely vast? Welcome to the Metaverse, an online virtual reality that is expected to add billions to the global economy. The Metaverse offers a new type of virtual economy with practically endless business opportunities. The question is how to prevent these opportunities from being abused to commit money laundering and finance terrorism (MLFT).

This book explores the current European Union legislation designed to prevent MLFT in connection with the Metaverse. It analyses the legislation in relation to the three traditional stages of MLFT: placement, layering and integration. Furthermore, some additional risks specific to the Metaverse are discussed, such as Non-Fungible Tokens (NFTs) and the high level of anonymity. The book concludes that the current legislation is not suitable for facing the new challenges of the Metaverse.

In turn, the book puts forward a novel approach to regulating and enforcing MLFT legislation: using a system of smart assets equipped with AI to prevent and detect MLFT. In addition, it makes recommendations on how to improve the legal framework with regard to the new challenges arising from the Metaverse. Particular attention is given to creating a legal framework that incorporates the use of smart assets and the Internet of Things, in order to provide a safe environment for potential users and society.

With a solid background in financial law and technology, the author successfully creates a novel system of regulation and enforcement that is based on the use of automatic enforcement, whilst keeping sufficient legal safeguards in place for potential Metaverse users.

This book will be of interest to anyone interested in the Metaverse. Whether you want to regulate it or open your own virtual business, it’s a must-read!

Table of Contents

Frontmatter

Open Access

Chapter 1. Governing the Meta-World Finances
Abstract
Imagine that you live in London and are a fan of musicals. You have grown particularly fond of the musical Hamilton. As a special rendition the musical plays in New York with your favorite star singing the lead. It provides a great way for you to see the musical and catch up with your old classmate who moved to New York. Unfortunately, you live in Europe and you cannot find the time to travel to New York and back. Your option is to buy a ticket to a live screening and have a video call with your friend afterwards. Most people will agree that this is not a real alternative to seeing the musical in real life. Whilst streaming is less expensive and will save you the trouble of travelling, it does not offer the same experience. The videocall with your friend will provide you with some interaction but not on the same level as sitting next to each other at the theatre. In comes the Metaverse to provide you the immersive 3D alternative. Instead of sitting at home or in your local cinema watching the live screen in 2D, the Metaverse will allow you to buy a ticket to a virtual seat in the theatre. Your friend is sitting on the virtual seat next to you, so you both chat before the curtain call. In the break you both have a drink from your own kitchen but with the experience of being in the café of the theatre.
Annelieke Mooij

Open Access

Chapter 2. What Is the Metaverse?
Abstract
This chapter discusses the development of virtual reality. It will then further discuss the contours and technical details of the Metaverse. The chapter will conclude by offering a brief reflection on the future of the Metaverse.
Annelieke Mooij

Open Access

Chapter 3. The Virtual Currency Schemes
Abstract
This chapter starts in Sect. 3.2 by discussing the different virtual currency schemes currently in existence in virtual environments. It will analyse the different currency schemes in relation to the physical economy. Based on this analysis this chapter continues in Sect. 3.3 by discussing the currency schemes in the Metaverse. This chapter will then conclude in Sect. 3.4 by analysing the virtual currency schemes of the Metaverse in relation to the real physical economy.
Annelieke Mooij

Open Access

Chapter 4. Money Laundering and Financing of Terrorism via the Metaverse
Abstract
This chapter assesses the risks of money laundering and financing of terrorism (MLFT) via the Metaverse. This chapter starts in Sect. 4.2 by discussing the three traditional stages of MLFT in relation to the Metaverse. These stages are placement, layering and integration. In addition to the traditional stages of MLFT, the Metaverse poses additional risks to MLFT. The first additional risk identified in this book is the possibility of entering and creating realities fully anonymously. The threats of anonymity in the Metaverse will be discussed in Sect. 4.3.1. The second additional risk is that of the lack of jurisdiction in the Metaverse. This will be further explored in Sect. 4.3.2. The third and final additional risk relating to the Metaverse is that of the use of Non-Fungible Tokens (NFTs). These will be discussed in Sect. 4.3.3.
Annelieke Mooij

Open Access

Chapter 5. Regulating the Technology (Placement)
Abstract
This chapter examines the placement phase of MLFT. This chapter starts in Sect. 5.2 by examining the definition of virtual wallets under the EU Anti-Money Laundering Directive. Section 5.2 examines the definition of entity under this Directive. It concludes that whilst the term entity is broadly formulated it creates risk by excluding the non-custodian wallets. Section 5.3 therefore discusses whether non-custodian wallets should be supervised or remain anonymous. This section concludes that non-custodian wallets should supervise itself. Section 5.4 then continues by discussing how these non-custodian wallets can supervise themselves through smart assets and AI. Section 5.5 then continues by analysing the legal requirements for such a supervisory approach. This approach includes creating a digital legal personality for the digital wallet. The digital legal personality could be used to create an insurance system for such wallets in case of damages. In such a case the insurer would have the power to represent the wallet in legal proceedings. Section 5.6 then continues by discussing how such a system could aid in the prevention of digital scams and how transactions to third-countries should be incorporated. Section 5.7 continues by discussing incorporating smart contracts into the regulatory system. Particular attention is paid to regulating the criminal smart contracts (csc). Section 5.8 provides a conclusion and recommendations.
Annelieke Mooij

Open Access

Chapter 6. Currency (Layering)
Abstract
This chapter discusses the second phase of MLFT, namely layering. Layering is the process of concealing the origins of the funds before integrating them into the legal economy. As stated in the introduction it is not possible to draw clear lines between the phases. Layering is conducted through a combination of anonymous wallets and unregulated currencies. The previous chapter has focused on virtual wallets, this chapter will therefore focus on the currencies themselves. Currencies used in the Metaverse form an alternative to the regulated banking industry. There is therefore the risk that these currencies are not or underregulated. This chapter therefore starts in Sect. 6.2 by discussing cryptocurrencies. This section also includes a discussion on mixing services and decentralized cryptoexchanges (DEX). Section 6.3 continues by discussing the centralized currencies without the status of legal tender. These currencies include gaming currencies and currencies provided by platforms. Section 6.4 then continues by analyzing the currencies with the status of legal tender. These include the central bank digital currencies and cryptocurrencies that are recognized as legal tender such as Bitcoin. The chapter finishes in Sect. 6.5 with the conclusions and recommendations.
Annelieke Mooij

Open Access

Chapter 7. Integration into the Legal Economy
Abstract
This chapter discusses the third phase of MLFT; integration. The integration into the legal economy is difficult to define with the introduction of virtual property. Section 7.2 therefore starts by defining the contours of the economy. After defining the economy, Sect. 7.3 continues by analysing integration through valuable objects in gaming environments. Section 7.4 continues by analysing the MLFT risks of currencies introduced by cities. This chapter ends in Sect. 7.5 with a conclusion and recommendations.
Annelieke Mooij

Open Access

Chapter 8. Non-fungible Tokens and Stateless Firms
Abstract
This chapter discusses the additional risks on MLFT that are created by the Metaverse. These two risks as discussed in the introduction are the Non-Fungible Tokens and the anonymity created by the Metaverse. Section 8.1 starts by discussing Non-Fungible Tokens (NFTs) and the specific risk for MLFT. It considers both the risks from a financial aspect as well as the risk it poses for transferring information. Section 8.2 discusses the concept of stateless firms. The construction of the Metaverse makes it possible for firms to remain fully anonymous. Section 8.2 discusses how the risks of these stateless firms can be limited.
Annelieke Mooij

Open Access

Chapter 9. Conclusion
Abstract
The Metaverse will provide us with new opportunities to enjoy the internet. Through the Metaverse society can enjoy the internet in 3D. This brings new ways to interact and is creating new economies. The possibilities of the Metaverse to facilitate social interactions and to create more affordable luxuries are endless. Unfortunately there is also a dark side to the possibilities. Where there are good intentions there are also bad intentions. The Metaverse is already full of them. The combination of anonymous, fast and without the need for third party international payments risks money laundering and the financing of terrorism. This book has discussed the precise risks of MLFT with regard to the Metaverse and the adeptness of the current regulatory framework.
Annelieke Mooij
Metadata
Title
Regulating the Metaverse Economy
Author
Annelieke Mooij
Copyright Year
2024
Electronic ISBN
978-3-031-46417-1
Print ISBN
978-3-031-46416-4
DOI
https://doi.org/10.1007/978-3-031-46417-1