时间：2024-02-16|浏览：274
撰稿：小飒团队
来源 Techub 新闻专栏作家
随着科学技术的发展，我们日益进入资源相对过剩的时代。这意味着，尽管我们在日常生活中为使用这些资源付费，但我们往往无法充分利用它们。资源的出现是必然的。浪费。例如，随着网络硬件设施的快速升级，我们安装的家庭网络的带宽和流量实际上已经大大超出了家庭正常情况下的日常需求。那么，如果给你一个渠道和机会来“出售部分”这些无尽的带宽和流量，你会同意吗？
这不仅是共享经济的简单逻辑，也是DePIN赛道价值实现的基本逻辑。洒姐团队注意到，DePIN赛道作为与现实世界兼容性最好、最有可能在短期内创造经济价值的Web3领域之一，在经济下行压力加大的2024年似乎会产生不利后果。仍然巨大。爆炸的可能性。
那么，DePIN的机遇和法律风险有哪些？今天撒姐团队就来和大家深度聊聊。
01 DePIN赛道概述
DePIN（Decentralized Physical Infrastructure Networks，简称“DePIN”），直译为“分布式物理基础设施网络”。 DePIN是一个建立在区块链上的物理基础设施网络，利用代币激励来鼓励普通用户共享各种个人资源，例如存储空间、带宽流量、云算力、能源甚至地图资源。你可以简单地将DePIN理解为众包的一种特殊形式——将原本由大公司、大企业、甚至国家垄断提供的资源转移给海量的普通用户。这样一来，原本由大公司赚取的利润也将分散到普通用户身上。
注：图片来自iotex
萨杰团队认为，DePIN赛道的基本运营模式是“主营业务+通证”模式。主业不用说，只要能经营就行。 DePIN的核心在于“通证”，因为通证经济就是DePIN能否成功“分包”主营业务，并赋能海量的分包。人民群众能否获得长期、稳定、合理、公平利益的关键。
Take the Helium project, which subcontracts WiFi resources and wants to achieve the goal of "providing network for everyone" as an example. Helium allows users to set up a router officially authorized by Helium at a lower cost, and then form a WiFi cluster from these Helium routers, which ultimately forms a Huge wireless network for anyone and anyone to use. Currently, according to information from public channels, Helium has deployed more than 500,000 hotspots around the world, covering 40,000 cities, and is continuing to expand at an average rate of 90,000 new hotspots per month.
The operator of the Helium project has released HNT tokens and established a token economic system around HNT. Users can continuously obtain HNT by purchasing Helium and using Helium routers to provide WiFi resources to the outside world. In early 2023, Helium successfully completed the migration to the Solana chain, proving the feasibility of promoting the DePIN business on the Solana ecosystem and triggering the entire market's expectations for large-scale growth in the DePIN track.
There are many other projects similar to the Helium project:
(1) Hivemapper: Just install the Hivemapper driving recorder, and you can collect 4K street-level images and draw maps while driving to obtain HONEY tokens.
(2) Filecoin: By connecting users who need to store data with users who have free space on their hard drives, users can be rewarded with FIL tokens after providing storage space.
02 Legal risks of DePIN
As can be seen from the above-mentioned basic operating model of DePIN, DePIN has the potential to closely connect blockchain, tokens and the real world. This innovative operating model can well reshape traditional industries. Its greatest value lies not only in breaking the The monopoly of traditional industry giants lies in the efficient and low-cost integration of existing hardware resources, reducing operating costs such as equipment maintenance and equipment storage, and achieving a faster and more effective allocation of social resources.
The Sajie team reminds that although DePIN is good, it does have greater legal risks in mainland my country, as detailed below.
1. Are the "coin issuance" and "coin acquisition" of the DePIN project considered "ICO" and "virtual currency mining" prohibited by Chinese law?
Sajie’s team believes that the two biggest risks of the DePIN project come from the stereotypes formed in my country’s Bitcoin network and Ethereum network in the era of “proof of work”. Undoubtedly, due to the immature related technologies of cryptocurrency at the time of its birth, the ecological construction of the Bitcoin and Ethereum blockchains was still in the exploratory stage, which led to the use of "proof of work" as the only way to mine coins at that time. It has certain rationality. However, with the continuous expansion of Bitcoin and blockchain and the continuous appreciation of cryptocurrency, large-scale "mines" have appeared in our country, which not only generates a large amount of energy waste, but also seriously damages the local ecological environment. In addition, the proliferation of ICOs has gradually become a common means of illegal fund-raising, destroying my country's financial order. As a result, cryptocurrency has gradually become a product that does more harm than good in the eyes of regulators.
Against this background, my country has successively issued two important normative documents, namely: the "Announcement on Preventing Token Issuance Financing Risks" issued in 2017 (hereinafter referred to as the "9.4 Announcement") and the "Announcement on Preventing Token Issuance Financing Risks" issued in 2021. Notice on Further Preventing and Dealing with Speculation Risks in Virtual Currency Transactions" (hereinafter referred to as the "9.24 Notice").
9.4 The announcement makes it clear: Token issuance financing refers to financing entities raising so-called "virtual currencies" such as Bitcoin and Ethereum from investors through the illegal sale and circulation of tokens. It is essentially an act of illegal public financing without approval. , suspected of illegal sales of tokens, illegal issuance of securities, illegal fund-raising, financial fraud, pyramid schemes and other illegal and criminal activities. Relevant departments will closely monitor relevant developments, strengthen work coordination with judicial departments and local governments, strictly enforce the law in accordance with the current working mechanism, and resolutely control market chaos. If suspected criminal issues are discovered, they will be transferred to judicial authorities. In this context, the issuance of ICO currency is prohibited due to suspected illegal business crimes and illegal fund-raising crimes.
9.24 The notice is clear: In September 2021, the National Development and Reform Commission and other departments issued the "Notice on Regulating Virtual Currency "Mining" Activities" (hereinafter referred to as "No. 1283"), the definition of "mining" activities: Virtual currency "mining" "Activity refers to the process of calculating and producing virtual currencies through special "mining machines". It consumes large amounts of energy and carbon emissions, has low contribution to the national economy, and has limited driving effects on industrial development, technological progress, etc. In addition, virtual currency production and trading links derive The risks are becoming more and more prominent, and their blind and disorderly development will have a negative impact on promoting high-quality economic and social development and energy conservation and emission reduction. After the 9.24 notice, traditional “proof of work” mining has basically been cleared out of mainland my country.
So, does DePIN run the risk of breaking the law or even committing a crime when operating in our country? The Sajie team believes that the key lies in how we define the currency issuance and mining behavior of DePIN itself. Judging from the 9.4 Announcement and 9.24 Notice, it is not difficult to find that what regulatory agencies maintain is our country’s financial security, and secondly consider energy security and green development. And whether related industries can stimulate economic development. From this perspective, if a specific DePIN project can achieve low energy consumption, green and sustainable development without disrupting the financial order, and at the same time empower the real economy, it is not unfeasible in theory.
However, as of now, there is still a lag in my country's regulatory agencies' understanding of related industries in the Web3 field, and they have not yet broken free from the colored glasses and stereotypes that "mining is a waste of resources" and "issuance of coins is harmful to the financial order". Therefore, Still, DePIN's business model has greater risks in our country.
2. Risks of operating special DePIN projects
Sister Sa’s team needs to be reminded that although the concept of DePIN is good, not all projects are suitable to be done in the DePIN way, and some special DePIN projects can easily violate red lines.
由于DePIN项目涉及区块链技术的应用，如果按照海外项目大多应用在公链上的逻辑来看，大部分DePIN都存在数据合规、数据出境的问题。
以前面提到的 Hivemapper 项目为例，用户需要开车采集各个街道的地理信息并录制高清的 4k 视频，此类视频和地理资料在各地都属于敏感的信息，如果用户拍摄了特殊的国家机关部门或是一些用于军事用途、机密实验用途等的场所，可能引发刑事风险。
2021年11月就曾一起出现过因拍摄福建舰而引发的非法获取国家秘密案件罪名。罗某因欲在军事迷圈子中获得较好的「谈资」，购买了情感采集设备后对我国第一艘航空母舰福建舰进行了非法拍摄，罗某被当场抓获。后经相关部门鉴定，罗某利用无意手段随意拍摄的照片和视频中，涉及2项机密级军事秘密和1项秘密级军事秘密，因此罗某因「非法获取国家秘密罪」被依法有期徒刑一年缓刑。
因此，飒姐团队提示，并非所有DePIN的主营业务都在全民随意经营，伙伴们必须在落实合规以及了解清楚可能不在的法律风险后，再进行展业。
03 写在最后
总的来说，飒姐团队认为DePIN本身是一个很好的概念，为大众开展共享经济与区块链结合后具体产业可能是这样的样子。但在实际落地运营上，我们认为需要对DePIN进行合理的改造，例如用联盟链（特别是有官方背景、安全度高的联盟链）来代替公链，用其他可控的收益分配机制来代替加密货币的发行，最终做好数据合规，实现DePIN的落地。
值得注意的是，在当前经济下行压力增加的背景下，Web3既迎来了机遇也面临着更大的风险。如前所述，如果具体DePIN项目能够在不破坏金融秩序的基础上，实现绿色可持续的发展，同时能够为实体经济赋能，那将会在当前低迷的经济环境下成为死亡的「明星」。但如果不能把风险控制，对我国法律红线不加了解，那么DePIN项目很有可能成为重点打击的对象，甚至可能影响到Web3行业的其他同类。
以上是今天的分享，感恩读者！
区块链世界