This chapter puts forward the key features of a methodology to be applied at the EU level in the AML/CFT sphere. It heeds the presence of manifold assets, technologies, and stakeholders in crypto-asset socio-technical ecosystems, the approaches put forward to regulate new technologies and their interplay with the AML/CFT regime. The analysis reviews the types of interplay DLT-based applications can have with regulatory frameworks, focusing on how proactive instances could replace reactive models. It proposes the creation of a taxonomy instrument to evaluate the levels of anonymity risk posed by crypto-asset ecosystems and suggests the creation of a ‘transposition model’ of risk indicators to techno-regulatory standards. It investigates the shift from the criticised ‘code is law’ to a compound concept of ‘regulation-enabled compliance through design’ and advocates for the establishment of a multi-stakeholder co-regulatory model. Finally, it reviews methodological elements for the intervention of EU law in terms of legitimacy and effectiveness, overviewing its role in the proposed methodology.

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Techno-Regulatory Standards and ‘Through Design’ Approaches

  • Nadia Pocher

摘要

This chapter puts forward the key features of a methodology to be applied at the EU level in the AML/CFT sphere. It heeds the presence of manifold assets, technologies, and stakeholders in crypto-asset socio-technical ecosystems, the approaches put forward to regulate new technologies and their interplay with the AML/CFT regime. The analysis reviews the types of interplay DLT-based applications can have with regulatory frameworks, focusing on how proactive instances could replace reactive models. It proposes the creation of a taxonomy instrument to evaluate the levels of anonymity risk posed by crypto-asset ecosystems and suggests the creation of a ‘transposition model’ of risk indicators to techno-regulatory standards. It investigates the shift from the criticised ‘code is law’ to a compound concept of ‘regulation-enabled compliance through design’ and advocates for the establishment of a multi-stakeholder co-regulatory model. Finally, it reviews methodological elements for the intervention of EU law in terms of legitimacy and effectiveness, overviewing its role in the proposed methodology.