New York passes a bill to limit bitcoin mining

New York lawmakers have passed a bill that would temporarily ban new bitcoin mining operations. Early on Friday, state senators voted 36-27 to pass the legislation. It’s now bound for the desk of Governor Kathy Hochul, who will sign it into law or veto the bill. The law would come into effect immediately after it’s signed.

An attempt to enact similar legislation last year hit a wall when the New York State Senate passed it but Assembly members did not. The latest bill passed the Assembly in April.

The legislation seeks to establish a two-year moratorium on licenses for cryptocurrency mining operations that use power-hungry proof-of-work authentication methods for validating blockchain transactions. Right now, bitcoin and ethereum (the two largest cryptocurrencies) fall under that category, though the latter is shifting to a different setup.

The moratorium only covers mining operations that run on carbon-based power sources. Any that harness entirely renewable energy sources or an alternative to proof of work that requires less power won’t be affected. Existing operations and those already going through a permit renewal process won’t be impacted either.

While the moratorium is in place, New York will carry out a study into the environmental impact of proof-of-work authentication methods, per the bill. As CNBC notes, New York has ambitious climate goals that require the state’s greenhouse gas emissions to be reduced by 85 percent by 2050 under the Climate Leadership and Community Protection Act.

New York became a hotbed for crypto mining operations in part due to its plentiful hydroelectricity, low electricity prices and cooler climate than other areas of the US (which means less energy is needed to cool mining hardware). 

Some mining companies have threatened to leave New York due to regulatory uncertainty and set up shop in more crypto-friendly states. Even so, crypto proponents have suggested that, given New York’s status as a legislative leader, other states could follow suit with similar regulations. 

Meanwhile, the Biden administration is working on a policy regarding bitcoin mining. The White House is looking into the impact of such technology on greenhouse gas emissions.

Tim Hortons app tracked donut lovers’ locations without consent

Another food app has been caught sharing location data without asking. As CBC Newsreports, Canadian privacy authorities have determined that restaurant chain Tim Hortons collected “granular” location data through its mobile app without valid consent between May 2019 and August 2020. The coffee-and-donut giant was supposed to be using positional info from its partner Radar Labs for targeted ads, but the app was gathering locations as frequently as every few minutes, whether or not the app was open — even if you’d explicitly limited that collection through settings.

Investigators also found that there weren’t enough contractual protections for the personal data Radar processed. The clauses were “vague and permissive” enough that Radar could have used sensitive content for its own purposes, according to the Office of the Privacy Commissioner of Canada. While Radar would have needed to anonymize the data, officials said the contract still wasn’t strong enough to adequately protect users’ data.

The investigation came soon after Financial Post journalist James McLeod wrote a story revealing the extent of Tim Hortons’ location-gathering practices. The app checked McLeod’s location over 2,700 times in less than five months, including when he traveled to Morocco. The piece prompted multiple class action lawsuits.

The privacy offices noted that Tim Hortons’ real-world data use was “very limited,” and that restaurant operator TDL Group agreed to delete relevant data alongside its partners. The company also agreed to create a privacy management program that kept its apps from violating privacy laws. In a statement, Tim Hortons told the CBC that it had “strengthened” its privacy team.

Even so, the findings highlight the concerns about potential app data abuse. While Tim Hortons isn’t known to have misused info, other companies have put data on sale and otherwise lost control. Those compromises can lead to unwanted advertising and, in extreme cases, probes into your personal life. British Columbia privacy commissioner Michael McEvoy saw this latest investigation as proof stronger oversight was necessary, and it wouldn’t be surprising if Canada and other countries took action.

Mining Capital Coin CEO indicted in $62 million crypto fraud scheme

Mining Capital Coin CEO and founder Luiz Capuci Jr. was — in an indictment unsealed yesterday — accused by the DOJ of allegedly running a $62 million global investment fraud scheme. He’s the latest of severalcrypto company heads who have recently been similarly charged.

Through his company, Capuci convinced investors to purchase “Mining Packages,” a global network of cryptocurrency mines that promised a certain return on investment every week. But instead of using investors’ funds to mine cryptocurrency as he promised, the DOJ alleges that Capuci diverted the funds to his own cryptocurrency wallets. Another MCC product known as “Trading Bots” operated under the same false pretenses. Capuci claimed that the bots operated in “very high frequency, being able to do thousands of trades per second” and promised investors daily returns.

“As he did with the Mining Packages, however, Capuci allegedly operated an investment fraud scheme with the Trading Bots and was not, as he promised, using MCC Trading Bots to generate income for investors, but instead was diverting the funds to himself and co-conspirators,” wrote the DOJ in its indictment.

MCC seemed to have all the workings of a pyramid scheme. Capuci recruited affiliates and promoters to lure investors. In return, he promised the promoters a number of lavish gifts, including Apple watches, iPads and luxury vehicles.

Currently the FBI’s Miami Field Office is investigating the case. The DOJ has charged Capuci, who is from Port St. Lucie, Florida, with conspiracy to commit wire fraud, conspiracy to commit securities fraud and conspiracy to commit international money laundering. If found guilty, he faces a maximum sentence of 45 years.

In a review of the cryptocurrency mining platform, crypto blogger Peter Obi noted that the combination of MCC’s $50 monthly fee for membership and its steep 3% withdrawal fee meant that investors were unlikely to make a profit unless they referred other investors. He pointed out that such a referral process was “particularly worrying” because it was consistent with other past crypto scams.

Indeed, a number of crypto leaders have been accused by authorities of running Ponzi schemes in recent years. Earlier this year the DOJ indicted Bitconnect founder Satishkumar Kurjibhai Kumbhani for allegedly running a $2 billion Ponzi scheme — believed to be the largest virtual currency pyramid scheme in history.

Capuci never registered his company with the SEC. The agency today issued a fraud alert for the company. According to the SEC press release, Capuci and his associates successfully convinced 65,535 investors to purchase mining packages worldwide and promised daily returns of one percent, paid weekly for over a year. In total, the group netted $8.1 million from the sale of the mining packages and $3.2 million from initiation fees.

NVIDIA pays $5.5 million to settle SEC charges over GPU sales to crypto miners

It’s no secret these days that GPU makers profited from the early cryptocurrency mining boom, but NVIDIA is now facing some repercussions as a result. The company is paying $5.5 million to settle US Securities and Exchange Commission charges it failed to disclose that crypto mining played a “significant” role in its surging revenue from GPU sales throughout fiscal 2018. NVIDIA allegedly violated both the Securities Act and Securities Exchange Act when it didn’t reveal that its success was tied to a “volatile business,” potentially misleading investors who might have thought this was the result of the firm’s usual gaming-focused strategy.

The SEC’s order also said NVIDIA misled investors by acknowledging that crypto demand did affect other aspects of its business at the time. That implied mining wasn’t a significant part of the gaming business’ success where it was for other products, according to the regulator. NVIDIA will have to abide by a cease-and-desist barring it from future rule-breaking.

An NVIDIA spokesperson declined to comment. The brand has increasingly seen crypto mining as more of a liability to its gaming GPU sales than a benefit, though. It started limiting the mining capabilities of RTX GPUs in 2021 in a bid to free up cards for the intended audience. The company even launched dedicated mining cards that year in a bid to satisfy crypto fans without cutting into demand for its GeForce GPU line.

The payment is tiny for a company that made $7.6 billion in its most recently reported quarter. With that said, the modest settlement was somewhat expected given an unsuccessful past attempt to demand compensation. Tom’s Hardwarenoted in March 2021 that a judge dismissed a lawsuit accusing NVIDIA of deceiving investors — it was no secret many GPUs were destined for crypto miners, the judge ruled. While the SEC found wrongdoing, it was going to have a harder time showing that NVIDIA caused enough damage to warrant a large penalty.