Cryptocurrency Sustainability and Regulation: Ambiguity and Environmental Impact

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As cryptocurrencies continue to permeate the global financial landscape, regulations on cryptocurrency environmental challenges becomes increasingly prominent. The rapid evolution of digital assets has outpaced regulations worldwide, leaving a void fraught with uncertainty and harming the environment. This article looks into the current policy landscape of cryptocurrency regulation and environmental implications.

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Regulatory Uncertainty: A Global Perspective

In many countries, the legal framework surrounding cryptocurrencies is nascent or non-existent. Laws often lag behind technological advancements, creating a precarious situation where users and businesses operate in a grey area. Existing laws may be stretched to cover digital assets, but this approach leads to unpredictable enforcement and legal outcomes. High-profile cases like Ripple Labs Inc. and the collapse of FTX highlight the vulnerabilities in the current regulatory landscape.

Importantly, the lack of clear-cut regulations leads to issues with achieving SDGs. Despite cryptocurrency being hailed as the future of finance, it causes significant environmental harm. This innovative digital asset, particularly Bitcoin, consumes vast amounts of electricity and generates substantial electronic waste.

Carbon Emissions and Environmental Impact

Bitcoin is the focus given its domination in the market. Bitcoin mining is extremely energy-intensive, consuming approximately 140 Terawatt-hours (TWh) of electricity annually, comparable to the energy usage of some countries. This leads to around 65 megatons of carbon dioxide emissions each year. As the global crypto market grows, its environmental impact is set to worsen. The mining process too, especially for Bitcoin, demands high computational power, resulting in considerable electricity use. Bitcoin alone accounts for about 0.63% of global electricity consumption, often relying on fossil fuels, which exacerbates carbon emissions.

The short lifespan of mining hardware (ASIC) contributes to electronic waste. Though they are estimated to last for quite some years, the efficiency and profitability of these machines is prioritised. Meaning they will be replaced far sooner than necessary (typically profitable for only two years), leading to vast e-waste. Especially when you consider how many of these machines are put to use per mining farm.

Though there has been a shift. Ethereum has moved from Proof of Work to Proof of Stake (read this for details on these two terms), which has had a massive reduction on emissions by 99.9%. Bitcoin still employs Proof of Work, and still dominates the market too. Meaning there are still putting out high emissions. The halving could in theory help reduce the demand, as eventually it will cap out. However, it could also have the opposite effect and lead to more intensive mining to compensate for the reduced mining reward.

United Kingdom and European Union: Pioneering Cryptocurrency Regulation

The UK is striving to establish a regulatory framework that mirrors traditional finance, focusing on consumer protection and financial crime prevention. The Financial Conduct Authority (FCA) has been particularly proactive, imposing regulations on money laundering, counter-terrorist financing, and prohibiting the sale of certain crypto-backed financial instruments to retail customers. Despite these efforts, the UK’s crypto market remains largely unregulated, with the FCA taking stringent measures to enforce its rules, especially around marketing practices.

The European Union has taken a more comprehensive approach with the Markets in Crypto-Assets Regulation (MiCA), introduced in mid-2023. MiCA aims to standardize the crypto market across member states, introducing a taxonomy of crypto-assets and differentiated regulatory requirements for various asset types. The regulation is set to be implemented in phases, starting in mid-2024, with the goal of providing a robust framework that other nations might emulate.

Waste Regulations

The rapid rise of cryptocurrency has outpaced most countries’ regulations, leaving legal frameworks ill-equipped to address technological advancements. Current laws, like the EU’s Waste from Electrical and Electronic Equipment (WEEE) Directive, encourage but do not mandate hardware reuse, making it unlikely that profit-driven mining companies will voluntarily choose sustainable practices.

“We’ll go down in history as the first society that wouldn’t save itself because it wasn’t cost-effective.”

Kurt Vonnegut
aptly summarising the dilemma:

To promote sustainability in the crypto space, some initiatives have emerged. For example, PayPal’s “crypto-economic” rewards system incentivizes miners using low-carbon energy sources by offering additional BTC for sustainable transactions. This move aligns with broader environmental, social, and governance (ESG) trends. Companies like PayPal are fostering innovation and the development of more energy-efficient mining technologies. However, these efforts alone are likely insufficient. The crypto industry must take more comprehensive measures, including improving transparency around energy use, investing in renewable energy, and supporting sustainable blockchain technology research and development.

United States and Canada: A Patchwork of Cryptocurrency Regulations

In the United States, the regulatory environment is fragmented, with individual states implementing their own cryptocurrency regulations. New York has imposed a two-year moratorium on carbon-based crypto mining operations, reflecting its commitment to environmental sustainability. Other states, like Texas and Montana, have passed laws to protect crypto miners from local government interference, illustrating the diverse regulatory landscape.

Canada, similarly, has seen provincial regulations aimed at curbing the environmental impact of crypto mining. These measures highlight the growing recognition of the environmental consequences of digital asset operations.

Asia: Divergent Approaches to Cryptocurrency Regulation

China, despite being the world’s largest polluter, has enacted some of the strictest regulations, effectively banning cryptocurrencies to reduce carbon emissions. Interestingly, prior to the ban, China actually did utilise sustainable energy to mine cryptocurrency, as they took advantage of their rainy season, utilising green hydrogen to power their mining farms. Thus, since their ban, countries to the west which rely more on fossil fuels (particularly the US) have taken on the work left by China. Leading to the aforementioned increase in emissions.

In contrast to China’s cryptocurrency regulations, Thailand has established clear regulations categorising digital assets and restricting their use in certain sectors, positioning itself as a regional leader in cryptocurrency regulation. Japan, with its history of crypto-related scandals, has created a robust regulatory framework to protect consumers and foster blockchain technology. While Vietnam, on the other hand, allows trading and holding of cryptocurrencies but prohibits their use as payment tools.

The Environmental Imperative of Cryptocurrency Regulation

Without clear regulations, the environmental impact of digital asset operations remains unchecked. Cryptocurrency mining, particularly through energy-intensive Proof of Work mechanisms, contributes significantly to carbon emissions. Regulators, in the absence of specific laws, may apply existing regulations that bear the closest resemblance to unregulated digital asset activities, but this approach is insufficient to address the environmental challenges.

The transformation of the cryptocurrency landscape towards sustainability is underway. Innovations like the transition to Proof of Stake and the use of renewable energy sources are critical. Currently, 57% of the energy used for crypto mining comes from renewable sources. Community initiatives and technological advancements, such as Ripple’s commitment to becoming carbon net-zero by 2030, further illustrate the industry’s shift towards sustainability.

Conclusion: The Path Forward for Cryptocurrency Regulation

The absence of clear-cut cryptocurrency regulations not only fuels legal and environmental uncertainty but also hampers the potential for sustainable practices in the digital asset landscape. Comprehensive and effective cryptocurrency regulations are crucial for mitigating environmental impacts and fostering a secure, sustainable digital asset ecosystem. As the cryptocurrency industry continues to evolve, the development of a green economy and responsible digital asset regulation is not just an option but a necessity for the future.


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