Chapter 6: Fundraising Landscape

[Note: below is chapter 6 to Great Chain of Numbers]

According to CB Insights, venture capital (VC) firms spent $74 million across 40 Bitcoin-related deals in 2013; the two largest rounds were Coinbase ($25m) and Circle ($9m).1 Similarly, Garrick Hileman recently published data and found that roughly $97.5 million in VC funding went towards 36 Bitcoin-related startups during the same time frame and his findings are discussed below.23

Despite the increased media attention, even if these numbers are repeated again this year this may not help boost the performance for some VC funds.4 Even with the optimistic outlook many of the VC firms apparently now have their actual results at roughly 6.2% per annum over the past decade they have underperformed the Russell 2000.56 Why?  This is not to disparage the VC segment, rather like all industries some VCs are not as nimble at feeling and filtering out business models with revenue generating capabilities as many angel investors are.

Changes over Four Decades

Consistent with the theme of ubiquitous adoption of open-source software as well as cloud computing that has lowered the cost of developing software and (more importantly) the costs associated with launching new companies, so too has this trend lowered the threshold for technology for startups and investments.  Where previously the funding of start-ups was limited to deep-pocketed professional investors, namely VCs, the deflationary landscape has increasingly enabled greater numbers of individual investors – angels – to compete in the funding environment.

The new class of angel investors is more astute than the passive and non-tech-savvy high-net-worth investor of yesteryear.  Increasingly, angel investors today have deep domain experience.  Many have worked in the sector that they are funding, are entrepreneurs and experienced operators themselves and visionary at feeling out new business and innovative trends.  The historical barrier to entry for angel investing is one of risk quantification (followed by knowledge and coordination) given the magnitude of investment commitment.  With lower costs of starting businesses, this hurdle is largely gone.  Having angels with deep operational domain expertise is disruptive to the traditional VC universe.  They may be better attuned and friendlier with terms that are less predatory than the historical VC norm.

This is not to say that VCs will not flourish once again, however, as it stands, most angels began as entrepreneurs and learned how to generate sales and revenue firsthand.  Furthermore, as noted above, over the past decade technological costs have driven down expenses.  For example, relatively cheap cloud services like github and Compute Engine provide services (CaaS, SaaS and IaaS) that allow many tech start-ups to be leaner than before in terms of what funding they require to cover operating costs.7 On top of this are better organized angels who now have an entire ecosystem of choices to fund through such as AngelList, 500 Startups, Plug and Play, Y Combinator, SVAngel, Bitcoin Opportunity Fund and Boost.8 In fact, over the past six months, BitAngels.co have invested $7 million in 12 crypto-related projects globally and Plug and Play is providing both mentoring and seed funds of $25,000 to bitcoin-related ventures.9

Another way that cryptocurrency-related startups are being funded is crowdfunded IPOs.  This includes Mastercoin, which raised (at the time) $5 million in part by 4,700 bitcoins from “investors.”10 NXT and the upcoming Ethereum IPO have also included raising funds through bitcoin transfers.11 While I am not necessarily endorsing any of these particular fundraising models, this illustrates how small (and perhaps large) development teams can financially cover costs without seed funding by VCs.  And, in addition to crowdfunding sites like Kickstarter and Indiegogo, there are also sites that allow individuals to receive Bitcoin funding directly for their ideas, such as BitcoinStarter and CoinFunder.12

Consequently, it is premature to write off VCs or claim that angels are the only source to pool funds from.  In fact, a substantial amount of series funding over the course of the last two years in the Bitcoin realm has been from VC firms.  For example, Andreessen Horowitz has invested nearly $50 million in Bitcoin-related startups, including leading the $25 million round for Coinbase last fall.13 In February 2014, Marc Andreessen – the firms founding partner – explained to CNBC that,

“[Bitcoin] is mostly new opportunity.  For example, there is a lot of ecommerce today that just doesn’t happen because a lot of people around the world literally aren’t in modern payment systems where they can’t pay for anything.  There are a lot of merchants that can’t be profitable in a lot of categories because transaction fees are too high.  It’s a huge opportunity and everybody has the opportunity.  Bitcoin is an open technology, it’s open source, it’s freely available – anybody can participate.  So every established business that wants to take advantage of it, including people like Western Union, can do so.”14

While it is too early to predict how these investments will exit, VCs are still a potent market force.

Venture Capital Charts

In addition to the findings of CB Insights above, below are four charts reprinted with permission from Garrick Hileman which were originally published on February 24, 2014:15 charts 1

 

As Chart 1 (or rather Table 1) notes, this is the total of the known venture capital funded Bitcoin-related companies globally since 2012.

Chart 2 illustrates the division of what specific segments those companies are categorized under.  In his analysis, Hileman noted that mining hardware companies have generated over $200 million in revenue to date.  The unknown segment is for undisclosed projects that received VC funding.

charts 2

Chart 3 illustrates that as a percentage of the total VC funds, what geographical location they are located.16 Silicon Valley (i.e., the San Francisco Bay Area) based firms have received the lion’s share, at 51%.

To produce Chart 4, Hileman looked at the total value of the VC-funded projects ($97.5 million) and the chart shows the geographical dispersion of these funds; US firms received 70% of those funds.  While these numbers will likely continue to increase over the next year, it is unclear if the geographical trends will continue.17

Straight to the Source

Jeremy Liew is managing director at Lightspeed Venture Partners, which has invested in several startups in this space, including Ripple and BTCChina, and anchored the Boost BitCoin Fund.18 According to him, “I think that there are three use cases that will lead math based currencies to mass adoption. 1) Microtransactions (perhaps for online content, perhaps for digital goods in games) which are impractical using credit cards; 2) Cross border transactions (both C2C as in remittance, and B2B for import/export and ecommerce) where transaction fees are high; 3) Leapfrogging credit cards for ecommerce and m-commerce purchases in the developing world.  The developing world leapfrogged fixed line telephony to go straight to mobile telephony and that is the model that I would anticipate for math based currencies leapfrogging credit cards. Today a common form of payments for ecommerce in Russia, China and India is “cash on delivery” and that likely is the first payment method to be replaced by a math based currency.”

In terms of what specific segment of this space LSVP is interested in, “We are still in the infrastructure phase, making math based currencies easier to buy (exchanges), hold (wallets) and spend (payments). And of course to speculate on. The infrastructure will need to mature a little more before applications can be built on top of them to be able to drive mass adoption. Then it would be the three themes from earlier.”  Yet as to trying to predict which platform or what technology like smart contracts will spring forth, “I don’t know, all I know is that it will be exciting and transformative. Just as no one could predict the explosion of uses that got sparked by VoIP when we were still on POTS, so too it is impossible to predict what the “programmable” part of math based currencies will bring.  But it will be awesome.”

He raises a visceral point about unexpected innovations and their knock-on effects; Skype calls alone are now equivalent to one-third of all global phone traffic, providing new tools and lower transaction costs to every demographic group.19  Similarly, digital goods such as music, movies, games and books – a market that barely existed a decade ago – is expected to reach $80 billion in turnover by 2015 in the United States alone.20 In fact, according to Ofcom, 11% of American internet users regularly pay for digital online content.21 During my exchange with Mike Hearn, he expressed similar sentiment in terms of the untapped business opportunities in this space, noting that “right now it seems there are a billion startups exploring every possible angle on these ideas – most of the work that needs to get done though is fairly boring infrastructure type stuff.”  Laying the foundations for these platforms could be a business opportunity for the next several years.

As mentioned in chapter 2, Ryan Orr is a professor at Stanford University and chairman at Zanbato that is a partner in a new crypto-based incubator called CrossCoin Ventures.  He noted that, “with the recent wave of regulatory actions, I am personally feeling quite excited about how the “smart property” projects evolve in 2014.   It is starting to feel like smart property could be a much lower path of resistance for the bitcoin protocol as it establishes a “non-monetary” form of use that fulfills a valuable social purpose.  And thus it should not be viewed as a direct threat by regulators who are afraid of losing monopoly control of money. It is the “duality” of purpose of gold, where people can hold it under the auspices of non-monetary purposes, but also hold it for monetary purposes (eg. a hedge against inflation), that makes it so difficult for the governments to totally eliminate it as a form of money (even though the US government did try to do so in 20th century).  If bitcoin can develop a similar duality, where the ‘smart property’ use makes it legitimate, and then people also can secretly hold it as an uncorrelated hedge against government dysfunction, then that could be pretty interesting.  In sum, it feels like the ‘smart property’ could become the ‘formal, legal, legitimate’ face to the project that can develop independent of how the regulators rule on the use of Bitcoin for monetary purposes.”

What Angels Are Looking For

Jeremy Kandah, Managing Partner at BitAngels, is now leading a fund focused on decentralized applications that utilize cryptoledgers.  He argues that, “the new “2.0” protocols and projects like Mastercoin and Counterparty are the equivalent of computing languages such as Java and C++.  Today there are hundreds of computing languages but only about a dozen that serve as platforms for large billion dollar ecosystems.  If you are platform dependent you are selling yourself short and risk long-term vendor lock-in.  Nearly all of the projects in this space are open-source for a reason, as it allows portability to other cryptoledgers and decentralized platforms.  Open-Transaction (OT) is a good example of this as their toolkit and codebases are entirely open-source and as a consequence even if a fork were to happen with the Bitcoin protocol, which I am not saying there would be, but both the developers and users of that OT application could quickly migrate to another cryptoledger.”

Kandah explained that while there is a debate over whether or not Bitcoin itself is the TCP/IP foundation for the cryptocurrency world, there will still need to be a lot of infrastructure extensions built to enable the decentralized applications that these “2.0” projects propose to build.  This means that there is a continuous need for both developers and entrepreneurs to build start-ups and business models to bring value to the marketplace.  As he notes, “while I am ledger agnostic, there may be even a profitable way to utilize Namecoin’s functionality, especially since it uses merged-mining with Bitcoin and thus the transaction and confirmation network already takes care of itself.”

Ultimately he sees significantly greater decentralization and uses for user-defined virtual tokens and that entrepreneurs providing value in this way will increase utilization rates for the entire ecosystem as a whole.  According to him, “during our due diligence phase, when we look for value-added business models we look for teams that address a current market need and provide new solutions that are easy for the average consumer to interface with.  For example, there is likely a way to ‘gamify’ – to streamline how mesh networks can operate and interact with mobile devices connected to a cryptoledger, allowing a decentralized internet infrastructure to be built ad hoc across nearly any city.  Similarly, just as Uber and Lyft have decentralized the taxi industry, perhaps there is a way to utilize cryptoledgers and trustless asset management to provide package delivery services in a profitable manner yet competes with the level service from FedEx.”

Another analogy both Kandah and David Johnston mentioned was to keep in mind that while there have been newer versions of HTTP, the perfect is the enemy of the good, that mind share and the network effect behind a protocol is difficult to reproduce and ultimately funds like BitAngels are looking for teams that understand the value proposition (e.g. promise to deliver and create value) for customers.22 Customers who are more interested in security, safety and reliability of the applications that utilize a token exchange system and not necessarily the nuts-and-bolts of how a cryptoledger platform works.

In addition, I also spoke with Ben Davenport, an angel investor and a member of the monetization team at Instagram.  While he does not necessarily endorse one specific project, in his view, “colored coin technology allows such centralized assets to be traded in a completely decentralized way.  Every single equity in the world has a central issuer — the company itself. But imagine the power of being able to make a trustless trade of stock for bitcoin with a stranger, at a distance, with no 3rd party involved. With colored coins, I can construct a single atomic transaction which encodes such an exchange. That, to me, is the most important basic thing that colored coins can enable.”

Hakim Mamoni, co-founder of Seedco.in and founder of DealCoin, an in-person Bitcoin exchange platform, takes a similar view, arguing that “the true story of Bitcoin is that it is part of a larger decentralization movement that illustrates how humans are better at organizing themselves than previous systems.23 While ‘civilization’ has existed since the founding of Sumeria in 4500 BCE, generally speaking we have had the same type of top-down pyramidal structure reproduced year after year.  Even after the American and French revolutions, the communities adopted previously existing centralization methods because they had pigeons and horses and not the technology we have today.  Now we finally have the technological capability to reboot centralized systems and voluntarily self-organize.”

One specific problem he describes that could be mitigated and changed is the role of central banks.  “If you look at a person’s resume and you see a poor track record of past performance you would likely not want to continue with that member on your team.  And in looking back since the early 1900s, given the goal of creating stability, none of the central banks have done very well.  Thus for me, Bitcoin is the current killer app – Bitcoin wallets enable anyone to send money to anyone around the world enabling people to be their own bank.  Eventually other projects will create some featureset and functionality on top of that and we are currently moving towards exciting developments with projects like Ethereum, not just in changing traditional banking but in other ways to decentralize other systems such as telecommunication networks, food production and even energy production.”

Wireless mesh networking is a method for decentralizing telecommunications by enabling each node to relay data for the network.  Projects like Commotion and XORP are working towards providing end-users with decentralized wireless functionality.24

Mamoni also finds projects like Open-Transactions exciting, “I really like the ideas behind OT because users do not have to trust the server as contracts can move from one server to another in an encrypted manner.  Governments were designed and set up to help protect against bad actors cheating the system.  Yet if you merge governance with the new paradigm of these technologies, there is no need for these legacy regulations because everything is out in the open, everything is done by algorithm and mathematics.  Thus eventually I think regulators will likely embrace these types of technologies because it prevents fraud.  Consequently, Seedco.in is looking for a diverse array of startups that not only helps strengthen and grow the cryptocurrency ecosystem in general but provides bridges to the existing financial structure.  It cannot be done overnight and we believe there is a lot of value during this transition period.”

Another example that Mamoni sees as a use-case for a blockchain is for financial institutions that create the daily London Interbank Offered Rate (LIBOR).25 LIBOR is an interest rate average that leading banks in London estimate they would be charged if they borrowed from other banks and is published daily at 11:30am.  In 2012, a scandal arose in which it was discovered that member banks were manipulating the rate behind closed doors.  Yet according to Mamoni, if each of these trades were placed on a blockchain, the rate would be impossible – or at least more difficult – to game or rig as the blockchain is both secure and transparent for everyone to see.

Non-profit organizations and NGOs could also adopt cryptoledgers for similar transparent asset tracking.26 According to the Tampa Bay Times, of the $1.4 billion in donations received over the past decade, the 50 worst charities in the US spent roughly $970.6 million on solicitors.27 A public cryptoledger would give donors the ability to audit the charity in near-real time.  Coupled with a DAO, much of the administrative overhead at non-profit organizations (e.g., payroll) could be replaced entirely by AI.

This transparency could be utilized in other countries as well.  For example, on May 12, 2008, approximately 69,000 people were killed during the deadliest earthquake in China for the past 30 years.  Subsequently, aid and donations (totaling $11.2 billion) from around China and the world poured into Sichuan, the epicenter of the disaster zone.28 Yet after the dust settled, several investigations discovered that various organizations and institutions had siphoned off tens of millions of dollars due to a lack of transparency and accountability.29 The Red Cross Society of China (RCSC) itself failed to collect the funds donated to drop boxes placed throughout several hundred locations around China – four years after the quake.30 Cryptoledgers could be used to track donations and assets of a non-profit organization, reducing fraud and providing real-time transparency and auditing.  In fact, as noted in chapter 5, much if not all of the administrative overhead (e.g., paying bills, receiving donations) in such organization could potentially be replaced by a DAO.  This is discussed further in chapter 8.

In January I also spoke with a marketing manager for a San Francisco bay area accelerator that is looking for early stage startups that use the Bitcoin protocol within the verticals of software-as-a-service enabled tax and accounting solutions as well as smart contracts (SaaS enabled Wills, parameter-based or DACs-like business-to-business partnerships).  Or in other words, solutions that focus on small-to-medium businesses as well as consumers.

What was unique about the conversation was that they were interested in accounting solutions that involve the full cycle of automatic transfers to tax filing, which only one other group specifically mentioned and thus may be an undervalued niche.  Altogether this would involve project management compensation via cryptocurrencies which is a topic discussed in chapter 7 related to Coinality.

The manager also had confidence in decentralized autonomous corporations (DACs) seeing them as the wave of the future.  His teams thinks that the ecosystem will eventually outsource a majority of tasks normally allotted to many job types but specifically: accounts payable, accounts receivable, tax, other accounting processes, remittance (varying roles), emergency response (fund distribution), community investment (i.e., local school measures), REITs (community-based real estate investment), and community property management (lease interpretation for automatic service calls).  Thus building a company that focuses on designing DACs in those spaces will likely attract the attention of both outside investors as well as potential clients.

Asia

I had an email exchange with Zennon Kapron, founder and managing director of Kapronasia, a large independent research consultancy focusing on the Asian financial services industry.31 Based in Shanghai, Kapron has continual first-hand experience of the mainland marketplace.  According to him, acceptance applications are and will remain very important especially in Asia.  Right now, acceptance of any cyrptocurriences is still low outside of a few niche geographic areas. Why do more people have a Visa than an American Express?  Largely acceptance – Visa is just accepted in more places. Especially in Asia, the point-of-sale and merchant solutions similar to BitPay are very thin on the ground.  In addition, even with the myriad of exchanges out there, there are only a few that I would consider user friendly. Most require wiring money, which the average consumer might not feel comfortable with. Coinbase is an interesting example of an exchange that might have it right: you can link your bank account and make ACH transfers very easily.  That comfort is very important for at least the initial adoption of cryptocurrencies, however once the larger population has a balance of cryptocurrencies and acceptance is higher, the need to move into fiat currencies will of course be lower, so exchanges are not as important.”

While BitPay, BitPagos and BIPS have come to dominate large portions of the Bitcoin-based merchant ecosystem, aside from YesBTC.co, a Chinese or even Asian-based equivalent has not yet arisen to the same level.  Part of this has to deal with language and cultural barriers as Kapron noted and because not many websites use or accept cryptocurrencies in Asia, specifically in China due to legal issues.  In fact, after the People’s Bank of China statement on December 5, 2013 regarding the banning of payment processors for cryptocurrency exchanges (and categorizing cryptocurrencies as commodities instead of as a currency), ecommerce giant, Taobao, announced that it would no longer allow stores on its platform to buy, sell or trade in wares related to cryptocurrencies.32 Despite these hurdles it is likely that there are still opportunities on the edges in this segment.33 Furthermore, ACH is an electronic financial network in the US – even though it processed 21 billion transactions in 2012 worth a total of $36.9 trillion – according to entrepreneurs there is still scope to compete on the margins, and among the underbanked.

Continuing, Kapron notes that, “Asia is behind the West in terms of cryptocurrency applications and solutions so startups focused on ‘big’ solutions like exchanges, point-of-sale merchant solutions still have viability in Asia as, outside of exchanges in mainland China, the market for these applications is far from saturated.  There may be a number of start-ups running in stealth-mode that are developing these solutions, however, besides exchanges, there have been few if any public launches or investments in cyrptocurrency start-ups.  Of course some of the smaller solutions (e.g., tax-auditing plugins, bitmessage, twister, syncnet) also will have a market, but the larger solutions like exchanges and merchant acceptance solutions still have a big opportunity.”

Bitmessage and Twister were briefly mentioned in chapter 3; while technically feasible, it is unclear how policy makers will react to domestic businesses that develop anonymous and pseudonymous communication tools.

In terms of smart contract and next-generation platforms, “the technology ideas and algorithms behind the current batch of cryptocurrencies are ideal for potential smart contracts and other ledger applications. These would likely also be easier to implement as they would not necessarily need to be global, but could be limited to a smaller geographical area.  For example, you might have a real-estate focused ledger just for London or just for Paris.  Because of the limited geographical area, these would have fewer government and regulatory approvals and governments could also be involved in the creation and maintenance of the smart contracts without weakening the appeal of the system.  In other words, one of the primary goals of Bitcoin and other cryptocurrencies is that they can operate without government influence which many people believe has caused some of the current economic issues (e.g. quantitative easing in the US artificially supporting US exports through a cheaper dollar).  That would not be such a concern with smart contracts as long as there was a trust that the government would act in the best interest of the people.”

As noted by Preston Byrne in chapter 2, it is possible that institutions and organizations including governmental departments could build and maintain cryptoledgers to replace redundant functionaries.  A speculative way a central bank could utilize one is through a ‘proof-of-burn’ (POB) method described in chapter 3.  Just as the East German Mark (Mark der DDR) was converted and exchanged into the West German Deutsche Mark prior to reunification, the Banco Central de la República Argentina (central bank of Argentina) could one day declare that it was “issuing cryptotokens” to prevent the debasement of the peso.34 The BCRA could ask peso holders to convert their holdings into cryptopesos.   During the conversion process the physical pesos are recycled or destroyed and subsequently the virtual tokens are then tracked on a public ledger preventing double-spending and inflation as described by Wences Casares and Sebastian Serrano in chapter 2.  The likelihood of this type of adoption is of course debatable.35

While the People’s Bank of China is currently reviewing its policies involving cryptocurrencies, according to Kapron, “regulation will still drive the integration of and opportunities in cryptocurrency throughout the region.  Hong Kong and Singapore are typically known as some of the more entrepreneurial hubs in the region in terms of payments and financial technology in general.  If we draw generalizations from Bitcoin, the indications from regulators in both countries are very positive for cryptocurrencies and so it is likely that we will continue to see both innovative solutions for and acceptance of cryptocurrencies in both Hong Kong and Singapore.  In many respects this is great for the region as although both countries have large economies, they are still relatively small, both from a geographical and economic perspective, so almost similar to a free trade zone in China, Hong Kong and Singapore could end up being test-beds for cryptocurrencies. China already does this with Hong Kong for the financial industry in general, by the allowing the Hong Kong financial sector to innovate and change even though the mainland remains somewhat constrained. In addition, both Hong Kong and Singapore have a long history of country-wide payment innovations like EZ-link and Octopus which have largely thrived for many of the same reasons why cryptocurrencies also could.  The larger economies from both a population and economic size perspective like China and India will likely follow what happens in Hong Kong and Singapore as the risks for the larger economies are much higher, especially as both economies have capital controlled currencies. Smaller economies, especially those in Southeast Asia, have enough economic and political challenges and less influence in Asia’s overall economy, so will not likely influence integration.”

Over the past three decades, China has created 15 “special economic zones” (经济特区) that are allowed to set their own import regulations and duties and as a consequence are relatively popular for establishing joint-ventures and foreign trade operations.  Beginning last year, several other municipalities including Shanghai began laying the groundwork for ‘free trade zones’ which will create testing grounds for new economic reforms that are expected to further liberalize the financial sector.36

In January 2014 I interviewed Rui Ma, a Beijing-based angel investor with 500 Startups, a business accelerator which has invested in a number of Bitcoin-related startups including Bitdazzle and BTCJam.37 In her opinion, “cryptocurrencies are a solution to crossborder microtransactions as they provide business opportunities in segments that have been completely overlooked by the traditional banking sector.  I think mobile payments in particular are interesting for everyone – especially emerging markets – because internet finance has made large gains over the past year in China due to a lack of consumer (and small-medium enterprise) financial products in general across the board.  Though, this is not a business one or two angels can probably scale alone due to capital expenditures for traditional payment mechanisms but I am certainly interested in services based on top of infrastructure, and Bitcoin is pretty ideal for that.”38

Due to strict capital controls it can be difficult for high-net worth individuals in China to diversify abroad.  This issue is compounded with a dearth of domestic financial instruments in part because the country is still developing and because its financial sector is essentially oligopolistic (e.g., dominated by large state-owned banks).39 As a consequence it has been technology companies such as Alibaba and Tencent leading the way, creating innovations in the consumer market such as providing mobile-based mutual funds and 3rd party payment processing services.  For example, last year Alipay began offering a low-cost mutual fund (called Yu’E Bao) through a partnership with Tianhong (a Chinese asset management company).  With $42.6 billion in its fund and 49 million customers, Yu’E Bao has grown to become the 2nd largest mutual fund on the mainland.40  In January 2014, Tencent, the largest internet company in China unveiled a partnership with China Asset Management, the largest mutual fund manager in China to provide a similar service called Licaitong.41 Tencent has simultaneously integrated Licaitong with WeChat, the fastest growing social networking service globally, (with more than 600 million registered users).42 Tencent is also the parent company of QQ, which develops the biggest social media platform in China, with 816 million monthly users.43

Ma recognizes these market trends and changes and how cryptocurrencies like Bitcoin can play a role in.  Noting that “another issue in the mobile segment globally (not just in China) is payment infrastructure, which current protocols do not match up to the development and proliferation of devices and content and goods for consumption. Now that we can manufacture and distribute smart devices relatively cheaply and the data infrastructure is expanding rapidly, it is time for payments to catch up.  And this is where I think there is a lot of friction (e.g., institutions, old infrastructure, policy) that can be decreased, removed and even erased with cryptocurrencies, which are more secure, speedier, cheaper; and due to these three main benefits, much more scalable.”

I also spoke with Jack Wang.  Wang is a cofounder of a Bitcoin startup called Dearcoin that is developing consumer Bitcoin applications, including Bitpass, a Bitcoin-based authentication protocol.  He previously developed a Bitcoin exchange and merchant tool and has taught a Bitcoin class for General Assembly.44 He says that he likes “the concepts embodied in applications such as ‘colored coins.’ The biggest innovation that Bitcoin represents is a distributed, verifiable ledger system, and its use as a currency is just the first application.  In thinking through some ways in which Bitcoin develops, I believe there are multiple potential killer applications for this kind of system, especially as we move into an age in which 1) digital property becomes increasingly valuable and 2) verification of rights to all kinds of property becomes digitized.  If Bitcoin becomes the de facto system for digital property rights verification and management, the value extends way beyond just as a currency.”

Wang explained this by analogizing Bitcoin to the frequency spectrum in the wireless industry.  Where the ability to propagate and record digital rights onto the blockchain will depend on ownership of bitcoins, bitcoin owners can be thought of as owning these rights.  And according to him, “the applications can include anything that involves rights verification – contracts, stocks, titles to houses and cars, actual keys to houses and cars, digital files (music, art, etc.).  Longer term I see the fungibility, transferability, and divisibility features of cryptocurrencies replacing the use of fiat money in a lot of ways.  People cannot barter today because it is infeasible to trade a car for 5,000 sandwiches, but you can do that with cryptocurrencies even if they are not just just as a currency but as a colored coin or something similar.  Maybe we should start calling it cryptobarter.  This opens up a cornucopia of business opportunities and consequently, once cryptocurrencies are used for things besides fiat exchange, older institutions and business models are really in a bind.”

The problem, of course, is getting enough people to adopt the technology so that it can serve as a useful medium for these transactions.  Eddy Travia, based in Hong Kong, is the founder of the Bitcoin Institute and co-founder of Seedcoin which is the world’s first seed-stage Bitcoin startup virtual incubator.45 And he has some ideas about how this could be done; the areas he and other angels at Seedcoin are looking for are “any application that makes exchange clear and simple to end-users, like Hive which is a bitcoin wallet with built-in applications.46 Another area is for development teams to find out what people know and use regularly in their daily lives, for example CoinSimple will make it easier for merchants to switch among various payment processors, from BitPay to GoCoin to BIPS to BitPagos and other market players.47 So it means more merchants can accept bitcoin and thus more clients can use their services and seamlessly use any bitcoin payment processors chosen by the merchant.”

Travia adds, “we are also still busy helping basic infrastructure in certain countries, like a solid bitcoin exchange in Mexico (MEXBT) so once that part is done (exchanges and payment gateways available around the globe) the potential user base will grow significantly larger.48 It still needs to expand so that more and more entrepreneurs have a market large enough to support the investment into their applications and also have locally customised apps (language, regulations, etc.).”

He continues, “Bitcoin is also at the intersection between finance and technology so it will not be as easy as “email” or Android; local regulations and laws have to be considered.  When it comes to mass adoption, there are always laws taken into consideration.  Consumers are used to it with banks, mobile operators, credit companies because we do not bother reading the fine print anymore on all the contracts and thus there will likely be fine print with bitcoin services as well – people will have to get used to it.  Armed with this knowledge and understanding, Seedcoin is a channel for angel investors in a way, but also enables small players to become angels and invest into these companies.”

Potential business opportunities

While many users and commentators have been relatively fixated on one data point, one use-case, arguably, where the long-term Christensen-disruption and Schumpeter’s “creative destruction” will come from is trustless asset management.

The question for entrepreneurs and businesses is, as everywhere else, what are the unique value opportunities you can provide?  Business analysts experienced with requirements gathering may find opportunities designing and creating specifications for a smart contract for specific needs.  Similarly, programmers will be needed to take the design and implement and translate it into code in accordance with applicable regulation.  Commercial lawyers will be drafted in as advisers to draft and negotiate the contracts and review the code, perhaps even following through the steps originally synthesized by Nick Szabo fifteen years ago.49 Yet be aware that long-term, if history is a guide, it is likely that some of these smart contracts could eventually become open-source – and standardized – and thus alternate revenue streams will need to be found.50 When I put this question to Nick Szabo, he said that “traditional contracts are already typically treated by the legal community as open source rather than as copyrighted. The vast majority of contract clauses are boilerplate and I hope the same will be true for smart contracts code.  And in the cryptocurrency community (or more broadly speaking, the block chain community) we should not trust code that is not open source.”51

In fact, there is already an initiative called Algorithmic Contract Types Unified Standards (ACTUS) that is attempting to create a standard language and contract-centric framework to represent all known financial contracts in a reference database.52

For perspective I also spoke with Sean Zoltek, a New York-based corporate lawyer specializing in securitization and collateralization.  In terms of designing and encoding a contract into computational algorithms, “we can easily make a set of programmatic rules that have a variety of default replies based on historical track records and know with roughly 99% certainty how it would turn out.   In fact, we use standardized forms all the time.  Both the linguistic construct and existing legal framework have been built up over decades to support these types of contracts.  For example, I could draft a contract for a small business loan to include check-boxes that provide default conditions.  The user interface for such instruments already exist and have been simplified to where a party only needs to answer criteria such as type of existing loans, assets and length of maturity dates.  In fact, many of the contracts at law firms are much more sophisticated than a commercial bank due to the level of detail and case knowledge that we have.”

In his view this could be done today in a three or four page document or a few dozen lines of code, would be completely automatable and would not require an attorney to fill out.53  Furthermore because of its robustness built on previous case law, a judge could look at a smart contract and it would likely be enforceable.54 Zoltek believes that “smart contracts already can encompass this functionality.  For instance, based on the context of what kind of loan it would be, the next 1,000 transactions from the same bank service segment could literally be identical.  A small business loan is a good example because it typically involves $20 million in assets, $100,000 of inventory in the store or office and some kind of standard insurance policy.  We would not even need to worry about electronic chattel paper or letters of credit.  In addition, such a contract could accommodate would likely be fair for both parties involved because they could both provide input.  This is in contrast to the relatively one-sided terms of service that most banks provide borrowers today that are non-negotiable.”

According to him, since it is in the firm’s interest to help small businesses succeed, with simplified interfaces and default conditions (e.g., trust, escrow), “it could absolutely be done in computer code and would definitely make certain lawyers sweat.  This is in turn would mean our industry would move towards increased sophistication and specialization.  Yet on occasion there are nuances that are not entirely straightforward or streamlined.  There is the law and then there is how it is applied to circumstances hence the reason some party has to make judgment calls.  As time goes on and case-law is built, you eventually end up with cookie-cutter deals and which are automatable.  This situation is amplified with cryptocurrencies like Bitcoin through its low or no cost transactions, clearly defined allocation of value, transport of value and open algorithmic rules that everyone trusts.  You can potentially build on top of that mechanism providing more complicated transactions and instruments that are beyond what the Bitcoin protocol can currently do.  Thus once you assume how a typical contract works you build above it, and I see it as beneficial to all parties involved.”

In terms of open-source smart contracts, Zoltek notes, “There is an old saying in the legal profession, if you have language that works, use it.  Aside from litigation cases (which involve some original creativity), there is little creativity in a contract prose themselves.55 In fact, many briefs may reuse entire passages, citations and analysis of a previous case, this is a common practice as that material stood legal challenges.  In other words, once you have a good argument, you continue reusing it.56 Furthermore, once we produce the contract, it becomes public because it is filed with the SEC or some other institution.  In fact, no contract says “copyright GE” – it is just a contract.  As a consequence, if you can make our lives easier by automating things, we will have to branch off into more creative-based niches which is generally the trend the industry has been heading since 2007.”

In the meantime however, there is potential for experienced financial-instrument programmers and designers to work in this segment.  For instance, Sean Percival, a venture partner at 500 Startups recently explained that “[i]n the New York tech scene, a lot of engineers want to move over to startups, but their skill set is not a match.  This may be a case where their financial programming skill set is going to be a great match for bitcoin companies.”57

As noted by Szabo and others, the easy low-hanging fruit are financial instruments and other contracts executed by code, including crypto-based financial instruments that exist today.  For example, using open-source Cryptotrader software, programmers have been able to build and execute arbitrage bots used on fiat-cryptocoin exchanges such as BTC-e.58 The next logical step is to build a smart contract that interfaces with various cryptoledgers such as Bitcoin to Ripple or Bitcoin to Counterparty (or any ledger).  Another smart contract could be a simple invoice – repayable in a cryptocoin –  to bill clients for services rendered.59) Another is an assurance contract, which is how crowdfunding sites operate (e.g., I will deliver this product if I get X amount of pledges made by day Y).6061

During his Turing 2013 presentation, Mike Hearn mentioned that just about any repetitive work (filling out spreadsheets, opening bank accounts), anything that can be mathematically quantified and formalized can and will be replaced by automated agents.  It is the creative roles that will be difficult to automate.  Looking forward in time (by decades), Hearn sees other automatable segments powered by DAOs such as taxi providers, commodity deliveries (such as fruits and vegetables), units of computational time (cloud services), and even “smart roads.”62

In a sense a DAO is an autonomous agent, a computer that owns itself as an economic actor.  It earns money and pays for itself with money it generates and thus could alternatively be described as the first form of artificial life (though it is not intelligent).  If a DAO is profitable and successful it can self-replicate its codebase and thereby create a “child,” ceding its assets in the form of a “birth loan.”  If it operates at a loss, it could then “die” (i.e., purged from market).  This long-term perspective is important if you are looking to make any sizable investment in the segment.

Remittances, Value-Added Services, and Legal Considerations

In the United States there are multiple state and federal agencies currently assessing the impact of cryptocurrencies.  The exact policy implications are unclear at this time.  However over the course of the past year the US Senate, Securities and Exchange Commission (SEC), Commodities Futures Trading Commission (CFTC), New York Department of Financial Services and FinCEN (among others) have held hearings to gather information and occasionally provide regulatory guidance.63 For example, in a hearing held across two days, January 28th and 29th, the New York Department of Financial Services interviewed over a dozen witnesses regarding possible regulatory policies and witness testimony ranged across the entire spectrum.6465 The following day, on January 30, 2014, FinCEN independently issued two new rules that stating that both miners and investors are not money transmitters and thus did not need licenses.66

On February 19, 2014, California Assembly Bill “AB-129 Lawful money: alternative currency” which clarifies the possession and acceptance of bitcoin and other virtual currencies as money, passed unanimously.67 The State of Washington recently updated its statutes to state that, “Virtual currency, also known as digital currency or crypto-currency, is a medium of exchange not authorized or adopted by a government. There are many different digital currencies being used over the internet, the most commonly known being Bitcoin. In Washington, digital currency is included in the definition of “Money” in the Uniform Money Services Act (UMSA), chapter 19.230 RCW.”68 Other countries such as China and the United Kingdom have differing laws.69 On December 5, 2013, the People’s Bank of China issued a notice that banned 3rd party processors (such as Alipay and Tenpay) from providing renminbi (RMB) transactions with cryptocurrency exchanges.70 In contrast, on March 2, 2014, Britain’s tax authority announced that it was scrap its tax on Bitcoin trading.71

While these issues are being sorted out, there may be other areas in which regulatory uncertainty could be mitigated.  One way around logistical issues is to put transportation clauses that must be met otherwise various counterparty stipulations take effect.  That is to say, what if your state DMV does not recognize a particular smart contract or token transfer as an official legitimate means for exchanging your vehicle?  While you may find a legal work around, this could recreate a barter economy.  For example, in the event that a fiat-exchange system is shut down and price discovery in relation to that particular token is affected, users could trade other assets worth roughly the same value instead.

Another area where cryptoledgers and policy intersect is the transmission of the token.  Since tokens are transmitted on a peer-to-peer basis, they can be sent anywhere around the world near-instantaneously.  Thus if Alice had friends or family working overseas and in need of money, instead of using costly remittance services such as Eurogiro or Western Union which charge high fees for no value-added, Alice could send Bob any amount of Bitcoin for almost no cost (or other crypto-based token).7273  In fact, in 2012 Western Union generated $4.6 billion in transaction fees and had a net profit margin of 16%.74 A recent report from the World Bank found that the 232 million international migrants working abroad remitted an estimated $550 billion in 2013 – the top three countries for incoming remittances reached $71 billion in India, $60 billion in China and $26 billion for the Philippines.7576 Fees charged by various levels of middlemen providers, exchangers and compliance offices collectively add another $74 billion from this process, with no value added.  For example, the average African migrant is charged 12.4% in remittance fees, thus reducing that fee to even 5% would save Africans from the continent $4 billion.77 Globally the average fee on remittances is 9% and many banks charge an additional “lifting” fee that adds another 5% to remit it into local currency.78

In February 2014 I spoke with Alan Safahi, the CEO of ZipZapInc.79 Founded in 2010, ZipZap is the largest global cash transaction network enabling consumers to use cash to buy digital currencies.  In this manner it acts as a software-based intermediary between Payment Centers who collect fiat and exchanges that provide bitcoin liquidity.  According to Safahi, ZipZap is building both on-ramp and soon off ramp connections from physical cash to digital currencies around the world which they hope will someday provide a free remittance network, “I want the cost for remittance to go down to 0%.  Currently we have to charge fees for fiat on both ends however as time goes by eventually, we will only have to charge for fiat conversation out.  Ultimately we will go to a freemium model in which basic services like remittances are free through the use of cryptocurrencies like bitcoin.”

“We as an industry will have to provide value-added services on top of free remittance services to the edges that consumers would want to buy,” added Safahi. “It would be similar to the online gaming community which has successfully adopted a freemium model to provide additional product or enhancements the gamers gladly pay for.”

Safahi would like to turn the status quo upside down.  Whereas currently a customer has to meet certain rigid standards and then pay relatively high fees if he or she remits from developing countries (and in some cases gets rejected), he wants to make it easier for customers to transmit value that they own.  Accordingly, “it is my mission to make life easier for consumers, change it in a manner in which the customer comes first for any new financial services products not the service providers.”  ZipZap launched its global cash payment network in 2012 and has grown to 700,000 payment center locations.80 ZipZap also recently expanded into 28,000 new UK locations and continues to partner with more Bitcoin exchanges (such as Bittylicious, ANX, Kraken, CoinMKT, and BIPS Market) to allow customers to convert local currencies into bitcoins at any of the locations.81

I also spoke with Charles Hoskinson, creator of the Bitcoin Education Project and member of the Ethereum core development team.82 In terms of the impact DAOs and trustless asset management will have, he sees that, “the simplest way of looking at it is 3.5 billion people in emerging markets are faced with two configurations of property and contracts.  The first is that because of how institutions are organized and incentivized, those who are well-connected or whom are willing and able to bribe government officials are able to protect their property.  This is not a very stable structure as it is subject to any change in government (e.g., removal of politicians).  The other configuration is a grey system, a type of informal economy based on handshakes and under-the-table dealings.”

As a consequence he sees that “it is risky and difficult for residents overseas in developed countries to make educated investments because of a lack of clear rules and property rights.  When you have a stronger rule of law, such as codified contracts and arbitration mechanisms, then investing is not only more transparent but also safer and more efficient.  Projects like Ethereum that utilize a DAO, they present a strong 3rd option: they do not have to ask a government or institution for bribe.  Users also do not have to worry about a nebulous grey area.  Instead, you can put your trust on a ledger – in math – which then creates transparency.  Consequently, due its peer-to-peer nature it also transcends any jurisdiction and thus can be used by anyone to track and manage any asset.  This will change how business is conducted in both developing and developed markets.”

Because these are autonomous systems it will also change banking and the way capital is transferred, acquired, stored and managed.  Smart property tied to existing jurisdictions could likely be affected as well.  According to Hoskinson, “we have begun to see this already over the past 5 years in terms of fiat exchanges interfaced with bitcoin, but a DAO will only amplify both the uses and the impact on society.  For example, since at least 1991 there has been a variety of methods for building reputation systems – webs of trust – that incentivizes users to pay back creditors.83 With a blockchain you can now have a safe place to put an instrument or contract and people can digitally sign it.  Since it is publicly audited, other users can see its history and if it is reliable thus building credit scores.  In turn, business transactions based on clearly defined terms and services can be conducted on an exchange through a form of identity management.  This will completely transform how the flow of capital and investment work and will be a godsend to the 3rd world.  For instance, a person with a reliable DAO (or smart contract) could create a monetary instrument (a cryptocoin) and lend it to anyone on the globe in the form of a loan with specific terms and conditions.  This is done in an external, tamperproof system, a cryptoledger that is not controlled by an institution capable of abuse.  As a consequence, for developing countries, just as they leapfrogged copper wiring choosing to use wireless telephony, some may forgo building replicas of existing financial infrastructure and instead choose to use this virtual-based system through their mobile devices.”

The most successful mobile payment system currently is M-PESA, operated by Safaricom and Vodacom and serving 30 million users in East Africa (Kenya and Tanzania), the Middle East and India.84 It is a mobile-phone based money transfer and microfinancing platform; last summer, Kipochi integrated a lightweight Bitcoin wallet with M-PESA which enables Kenyans to bypass costly remittance fees charged by middlemen such as MoneyGram and Western Union.85 While some may ignore the possibilities of mobile banking, preferring desktops or even physical visits to bank branches, 43% of Kenya’s GDP is spent through mobile phones.86 In fact, according to a recent Reuters report, “M-Pesa has enabled 67 percent of Kenyan adults to access banking. Its transactions total about $1 billion per month.”8788 There are roughly 253 million unique mobile phone subscribers in Africa (many have two SIM cards) and an estimated 70% of the population on the continent are underbanked or have no access to a bank.89 Therefore cryptocurrencies and trustless asset management tools built on cryptoledgers that interface with mobile phones will enable and empower an entirely new demographic and consumer base to emerge from subsistence.  In fact, according to a 2009 report from Financial Access Initiative, half of the world is unbanked which leads to new opportunities for entrepreneurs.90

  1. See Bitcoin Startup Investing Snapshot: VCs Deploy $74M Across 40 Deals in 2013 from CB Insights, Bitcoin startup Coinbase receives $25m investment from a16z from ZDNet and Circle Raises $9M Series A From Accel And General Catalyst To Make Bitcoins Mainstream from TechCrunch []
  2. Following the Money: Trends in Bitcoin Venture Capital Investment by Garrick Hileman.  Note: Hileman used different chart numbering in his original publication. []
  3. Despite the enthusiasm, competence and funding, the likelihood of success is not a given for any startup.  And based on years of experience there are ways to try and mitigate and plan around known issues of founding a new company.  See Death and startups: Most startups croak 20 months after their last funding round from Venture Beat, The Venture Capital Secret: 3 Out of 4 Start-Ups Fail from The Wall Street Journal, Fighting co-founders doom startups from CNN|Money, Why Small Businesses Fail: SBA from About.com and How Many New Businesses Fail in the First Year? from eHow []
  4. Kauffman Foundation Bashes VCs For Poor Performance, Urges LPs To Take Charge from The Wall Street Journal and Most venture capital funds lose money from CNN|Fortune []
  5. See Venture Survey Finds Big Jump in Investor Optimism for 2014 from The Wall Street Journal, Venture Capital’s Sluggish Performance from DealBook and Venture capital kingpin Kleiner Perkins acknowledges weak results from Reuters []
  6. See the annual MoneyTree Report from PricewaterhouseCoopers and the ever-growing list of funded Bitcoin companies listed on CrunchBase []
  7. Compute Engine, github and Urbit []
  8. AngelList, 500 Startups, Plug and Play, Y Combinator, SVAngel, Bitcoin Opportunity Fund and Boost.  Each of these organizations provide different types of services, some are networking tools others are accelerators and incubators for entire development teams.  For example, see Seven bitcoin startups pitch for funding at Boost VC demo day from CoinDesk []
  9. See BitAngels Goes Global, Closing $7 Million (7,000 BTC) in Funding for Bitcoin Startups from MarketWired,Plug and Play Unveils Bitcoin Startup Incubator With Expert Mentors from CoinDesk and Currency Kings by Entrepreneur []
  10. Backed by $5 Million in Funding (4,700 BTC), Mastercoin Is Building a Flexible, New Layer of Money on Bitcoin from MarketWired []
  11. See What is Nxt? and Ethereum []
  12. See BitcoinStarter and CoinFunder []
  13. Why Bitcoin Matters by Marc Andreessen and Coinbase Raises $25M Led By Andreessen Horowitz To Build Its Bitcoin Wallet And Merchant Services from TechCrunch []
  14. Marc Andreessen sings Bitcoin’s praises from CNBC []
  15. Following the Money: Trends in Bitcoin Venture Capital Investment by Garrick Hileman.  Note: Hileman used different chart numbering in his original publication. []
  16. Following the Money: Geographic Dispersion of VC Bitcoin Investment by Garrick Hileman.  This is part 2 of his analysis, he uses different chart numbering. []
  17. In addition to Garrick Hileman’s data for Bitcoin Venture Investments, another open database of investment information can be found with The Bitcoin Database.  See also: Exclusive: State of Bitcoin 2014 Report Analyses Emerging Trends from CoinDesk []
  18. Lightspeed Venture Partners, Lightspeed Anchors Bitcoin Startups in Adam Draper’s Incubator from The Wall Street Journal and Why Lightspeed Venture Partners Sees Bitcoin as a Good Investment from CoinDesk []
  19. Skype calls now equivalent to one-third of global phone traffic from ArsTechnica []
  20. Global Digital Goods Opportunities by Sam Kwong []
  21. The Communications Market Report: International from Ofcom []
  22. Shakil Khan, founder of CoinDesk uses the analogy that Bitcoin has the potential to be an IP address for money.  See Shakil Khan: Bitcoin can be “money over IP”, but services must get more intuitive from CoinDesk []
  23. DealCoin []
  24. Commotion, XORP, 802.11s, Wireless Mesh Networking []
  25. My thwarted attempt to tell of Libor shenanigans by Douglas Keenan []
  26. BitGive Foundation, Bitcoin Not Bombs and Sean’s Outpost are probably the three most well-known charities that accept cryptocurrency donations.  See Bitcoin Helps Homeless Charity Sean’s Outpost go from Strength to Strength from CoinDesk and Jason King of Sean’s Outpost on Bitcoin and Charity interview by Jeffrey Tucker []
  27. The 50 worst, ranked by money blown on soliciting costs from Tampa Bay Times []
  28. China gets 76 bln yuan in donations for Sichuan quake from People’s Daily []
  29. County vows to correct misuse of post-disaster relief money from China Daily and Quake zone hit by yet another relief scandal from South China Morning Post []
  30. For more on this issue related to China, see Chapter 18 in Great Wall of Numbers.  See also, Red Cross donations not collected for 4 years from China Daily []
  31. Kapronasia and Bitcoin Singapore 2013 with Zennon Kapron []
  32. The December 5th notice does not really say that merchant services are forbidden.  It says that financial companies and 3rd party payment processors cannot deal with Bitcoin, and also says that bitcoin is not a currency.  The prevailing thought at the moment is that exchanging goods and services for bitcoin is like bartering, so merchant services should be fine.  The industry will only really know once something like BitPay actually takes off in China.   China Bans Payment Companies From Clearing Bitcoin, News Says from Bloomberg and淘宝新增比特币等虚拟币等禁售规则公示通知 from Taobao.  It may also be instructive to read虚拟货币本质上不是货币 from Sheng Songcheng, the head official of investigation and statistics at the PBOC. []
  33. A type of chicken and egg problem – the important point is whether domestic users can pay for wares in a cryptocurrency.  Since the majority of ecommerce in China is managed through Alibaba and Tencent, who in turn have backed out of supporting this crypto space, in the short run may only work for Chinese residents buying products abroad but in China itself there are several hurdles to adoption. []
  34. The German Monetary Unification (Gmu): Converting Marks to D-Marks by Peter Bofinger []
  35. Outside of academia, over the past years various people have discussed the role a cryptocurrency can play with respect to integration with central banks, including using to fulfill the bancor concept (international reserve system).   One recent example is the Bitnote thought-experiment from Wolfgang Münchau.  For more on bancor, see Reserve Accumulation and Intern ational Monetary Stability from the IMF, The Global Currency Conundrum and the “Babel Fish” of Money by Chris Larsen and Our flawed financial system is reflected in Bitcoin from Financial Times []
  36. Shanghai liberalises offshore yuan borrowing in free-trade zone from South China Morning Post, Shanghai Free Trade Zone: The next Shenzhen? from The Economist, China approves 12 more free trade zones from Xinhua []
  37. 500 Startups, BitDazzle, BTCJam []
  38. Interview on January 12, 2014 []
  39. Both citizens and expats are limited to international transfers of $50,000 denominated in foreign currencies per year.  For more details see Chapter 5 – Financial services in Great Wall of Numbers and Animal Spirits with Chinese Characteristics by Mark DeWeaver. []
  40. Tianhong’s Alibaba mutual fund grows to second largest in China from South China Morning Post []
  41. Text, Chat, Profit: Tencent Launches Investing on WeChat from The Wall Street Journal []
  42. And at least 272 million monthly users.  See China’s WeChat App Targets U.S. Users from The Wall Street Journal,China banking war heats up with launch of online investment app from Financial Times and How WeChat’s 600 Million Users Spell Out Big Profits For Brands from Jing Daily []
  43. See Tencent: China’s hottest tech company from CNN|Money and Chapter 12 – Social Media and marketing your brand from Great Wall of Numbers []
  44. Dearcoin, General Assembly and Bitpass []
  45. Bitcoin Institute and Seedco.in []
  46. Hivewallet []
  47. CoinSimple []
  48. MEXBT and  The bitcoin industry embraces what it was built to avoid—rules and regulation from Quartz []
  49. ‘Trustless attorney’ is probably a marketing term lawyers will avoid using; instead, digital currency attorneys may become the nomenclature. []
  50. With the advent of ‘zero-knowledge’ proof, there may be techniques like ‘obfuscation’ cryptography and homomorphic encryption that could enable proprietary contracts (e.g., obscuring information and applications in such a way that discerning the code would be impossible, thus the complete opposite of open source).  See Cryptography Breakthrough Could Make Software Unhackable from Wired, IBM’s homomorphic encryption could revolutionize security from InfoWorld and Cryptographic Code Obfuscation: Decentralized Autonomous Organizations Are About to Take a Huge Leap Forward by Vitalik Buterin []
  51. Personal correspondence, February 4, 2014 []
  52. Smart contracts will need data standards and the first six Contract Types are (PAM, ANN, SWAP, STOCK, OPTION, FUTURE).  See Project ACTUS, The Importance of ACTUS from Stevens Institute of Technology and Improving Systemic Risk Monitoring and Financial M arket Transparency: Standardizing the Representation of Financial Instruments by Mendelowitz et. al. []
  53. Designing financial instruments could become straightforward with ACTUS standardizations.  In contrast, a disproportionate allocation of resources is currently spent on arbitration, compliance and fraud protection associated with the contracts and instruments. []
  54. For example, the New York Uniform Commercial Code already has a body of precedents covering payment systems, electronic bank deposits, debit cards and a default set of laws involving electronic transactions within Article 4-A: Funds Transfers. []
  55. If you plagiarize a litigation brief, this is considered verboten.  Similarly, while using Westlaw and LexisNexis, the search results are copyrighted, but the actual content is not (i.e., how you got there is copyrighted).  In contrast, once a judge uses wording from a contract, it is in the public domain and others can use it. []
  56. In a termsheet the precedents remain the same as the only thing that is usually different are the items explicitly listed.  Other areas of law that are considered off-limits for copying are covenant analysis or collateral analysis.  According to Sean Zoltek and several other lawyers consulted on this manuscript, attorneys in general look for methods to reduce repetition and reduce the amount of drafting done on a set of documents.  Thus they may build a document 70% and then reuse or recycle portions of previous document which has a great set of covenants for the other 30%. []
  57. ‘500 Startups’ Recruits Ex-MySpace VP to Mentor Bitcoin Businesses from CoinDesk []
  58. Cryptrade is the open-source repository on github, Cryptotrader is a community of programmers and architects creating bots used on exchanges (e.g., for HFT arbitrage).  Be aware that anyone claiming to sell you a turnkey bot capable of arbitrage is likely scamming you, if it worked as stated, they would be using it instead. []
  59. Andreas Antonopolous used this as an example of smart contract he would build if and when Ethereum is launched.  See What is ethereum? (video []
  60. Mike Hearn uses this in his presentation (video) as an example of how a DAO and smart contracts can be used to replace taxation for public goods. []
  61. The private provision of public goods via dominant assurance contracts by Alexander Tabarrok []
  62. Mike Hearn (video) calls the initial phase of this DAO infrastructure the “TradeNet.”  He later uses hardware examples, yet it is the software that controls the smart property functionality within the hardware.  By “dying” he means that an inefficient taxi service-based DAO could sell itself as salvage material (to pay off debts) and/or restart and turn back on during potentially different market conditions.  Eventually there could be a “MatterNet” in which quadcopters can transport goods (e.g., like the Amazon air delivery) or urban infrastructure that rearranges itself based on real-time demand (e.g., automated vending machines being lifted by quadcopters to new locations based on market demand).  All of this again, is controlled by DAOs that may or may not reside virtually on a cryptoledger. []
  63. See Regulating Bitcoins: CFTC vs. SEC? from Mondaq, CFTC’s Chilton on Possible Regulation of Bitcoin from Bloomberg, Here’s how Bitcoin charmed Washington from The Washington Post []
  64. One of the topics discussed at the hearing was KYC which is ‘Know Your Customer,’ a banking regulation enacted to collect customer information for statutory compliance.  See Community Debates What’s Next After New York Hearings from CoinDesk and Understanding global KYC differences from PricewaterhouseCoopers []
  65. In February 2014, The Law Library of Congress published a detailed look into 40 jurisdictions with respect to the regulation of Bitcoin, “Regulation of Bitcoin in Selected Jurisdictions.”  See also Bitcoin’s Legality Around The World from Forbes and BitLegal which provides a color-coded map of each jurisdiction with relevant regulatory information.  KPMG recently published a thorough article regarding tax implications surrounding Bitcoin, Chomping at the Bit: U.S. Federal Income Taxation of Bitcoin Transactions. In addition, several of the 2.0 platforms have created an industry association called Consortium of Decentralized Applications (CoDA) to discuss and navigate the legal framework of various jurisdictions.  Similarly, the Digital Asset Transfer Authority (DATA) is a new self-regulatory organization focused on creating regulatory proposals and interaction with policy makers. []
  66. FinCEN Publishes Two Rulings on Virtual Currency Miners and Investors from Financial Crimes Enforcement Network []
  67. AB-129 Lawful money: alternative currency from the California Legislature.   Perhaps a ‘BitLicense’ will become integrated with the New York Uniform Commercial Code Article 4-A: Funds Transfers.   See California House Passes Bill Declaring Cryptocurrency Legal Tender from AltCoin|Press []
  68. Money Transmitters and Currency Exchangers from Washington State Department of Financial Institutions []
  69. Singapore’s government is currently taking a hands off approach towards cryptocurrency right now whereas Denmark plans to regulate and oversee its use.   At the end of February, Vietnam’s central bank issued a statement warning banks and credit institutions from using it.  See Singapore government decides not to interfere with Bitcoin from Tech In Asia, Bitcoins Spark Regulatory Crackdown as Denmark Drafts Rules from Bloomberg, Vietnam Warns Against Bitcoin, Invokes the Ghost of Gox from CoinDesk []
  70. China Bans Payment Companies From Clearing Bitcoin, News Says from Bloomberg []
  71. Britain to scrap Bitcoin tax from Financial Times []
  72. The Bitcoin network does charge a small nominal fee for some transactions, although most are processed without any fee.  A transaction drawing bitcoins from multiple addresses and larger than 1,000 bytes may be assessed 0.0002 BTC as a fee.  Furthermore there is a hardcoded block size of 1 MB, or 7 transactions per second.  For comparison, VISA’s payment processing centers handle on average of 2,500 transactions per second and are built to process a surge of up to 10,000 to 20,000 per second.  In order to change this, a hard fork must be implemented.  Long-term this creates a problem dubbed a “crypto tragedy of the commons.”  Ken Griffith recently pointed this out, noting that “Bitcoin transactions cost above $50 per transaction, which is very high, but it feels low because this cost is paid for through the creation of new bitcoins that equally dilute everyone’s bitcoins.  The person making the transaction doesn’t pay the fee, all holders of Bitcoins pay what amounts to an inflation tax out of dilution of their Bitcoin value. From the user’s perspective of sending money with Bitcoin, it feels practically free!”  While the actual transaction cost fluctuates (has been in the range of $40-$90 over the past 3 months), he does have a valid point that is usually glossed over.  See Transaction fees, On Transaction Fees, And The Fallacy of Market-Based Solutions, Bitcoin – A Jack of All Trades is the Master of None by Ken Griffith, Bitcoin needs to scale by a factor of 1000 to compete with Visa. Here’s how to do it. by Timothy Lee and Top secret Visa data center banks on security, even has moat from USA Today []
  73. The way the current system is setup, remittances and funds sent abroad go through multiple institutions via ‘correspondent accounts’ or ‘correspondent banking.’ []
  74. Will Migrant Workers Drive Bitcoin’s Mundane Future? from Bloomberg []
  75. Is Bitcoin the future of remittances? from CCTV and Remittance Prices Worldwide from World Bank []
  76. Migrants from developing countries to send home $414 billion in earnings in 2013 from World Bank []
  77. African Migrants Could Save US$4 Billion Annually On Remittance Fees, Finds World Bank from World Bank []
  78. Will Migrant Workers Drive Bitcoin’s Mundane Future? from Bloomberg []
  79. ZipZap []
  80. MoneyGram Joins ZipZap’s U.S. Payment Center Network from PRWeb []
  81. You Can Now Pay Cash For Bitcoin at 28,000 UK Stores from CoinDesk []
  82. Bitcoin Education Project and Bitcoin or How I Learned to Stop Worrying and Love Crypto at Udemy []
  83. PGP (Pretty Good Privacy) was released in 1991 by Phil Zimmermann, see: Cypher Wars from Wired []
  84. M-PESA and Enabling financial transactions for consumers and businesses: Safaricom’s M-PESA mobile money service by Filippo Veglio []
  85. Kipochi launches first Bitcoin wallet in Africa with M-Pesa integration from Kipochi []
  86. From oil painter to the C-suite from Financial Times and M-Pesa helps world’s poorest go to the bank using mobile phones from The Christian Science Monitor []
  87. Insight: African tech startups aim to power growing economies from Reuters []
  88. According to an email exchange with Michael Youssefmir, an engineer at Google who has previously published mobile data pricing on Ghana, “MPESA was successful because Safaricom had a monopoly and regulators failed to regulate before the system took hold. Successful mobile money systems in the class of MPESA must become defacto standards. The fragmentation and regulation that occurred in other African countries is exactly why we keep having to talk about Kenya and only Kenya. As a defacto standard that is resistant to regulation, bitcoin is an ideal currency and system to serve as mobile money in the developing world.” []
  89. Fewer than one in three Africans has a mobile phone from Reuters and The Sleeping Giants Of African Mobile Payments from TechCrunch []
  90. Half the World is Unbanked from Financial Access Initiative []

Chapter 5: How smart contracts could work

[Note: below is chapter 5 to Great Chain of Numbers]

Theory is grey

While they do sound neat in theory, as Dr. Faustus discovered, “theory is grey, life is green.”1 One problem with institutions is not that they do not follow rules but rather that there is no conceivable set of rules that could unambiguously cover all of their activities.  Thus, to minimize nebulous outcomes, it is imperative for a programmer or businessman to conduct the necessary research and gather all of the requirements needed within the design phase of a smart contract.  This will be challenging one of the reasons that few known decentralized autonomous organizations exist today is that they could likely face various vulnerabilities and exploits that prevent them from carrying out their duties.  In fact, in his presentation to the 2013 Turing Conference, Mike Hearn (a core Bitcoin developer) noted this point: implementing the theory is much more difficult than creating it.2 Thus while science fiction novels and movies tease our imaginations with seemingly intelligent AI agents, creating even simple forms of non-creative bots will be a tall order.

Time Clock and Log-in

Over the past century there have been multiple mechanisms used by employees to verify that they worked a particular shift at a particular location.  Depending on trust levels, an employee may only need to say hello to their boss, others may need to sign their name on a particular line in a notebook.  Others might need to use a “card” that is punched with a timestamp throughout the day (e.g., when an employee first walks into the office, at lunch, after lunch and to clock out at the end of the day).  And there are even other employers in the past decade that have installed tracking software on computers.  While it is easy to verify that an employee is logged into the network or that an employee is indeed sitting at their desk and superficially looking at the monitor, some employers want to know exactly what is happening on each machine.3 Thus after an employee logs into the system, the software can siphon all of the input metrics (e.g., website visits, keystrokes, files) that they create during the day or other programs that randomly takes snapshots of the screen to verify that an employee is not watching videos when they are supposed to be filling out TPS reports.4 There are ways that each of the older “analog” systems can be abused.  In the case of time sheet or even time card, a friend or colleague could be asked to stamp your card even if you do not go to work.  Yet with the advent of software or even network-based tracking, it is much more difficult, if not impossible to abuse an on-site computer without making the company aware that the software has been removed or the network has been hacked.

Again, the goal of smart contracts and smart property is not to intentionally build some kind of totalitarian panopticon, but rather to enable all parties to clearly codify their responsibilities, obligations and compensation.  As I described earlier in the chapter, marginalized individuals such as migrant workers in China have little recourse during contract disputes due to the household registration system (hukou).  And they have a lot to gain if their contracts are not only tamperproof but that they can also prove in some manner if they fulfilled the contractual obligations such as on-site time.

While some requirements will be more difficult to codify into a smart contract, one area of low-hanging fruit could be the time-honored clock “punch.”  There are several ways to do this with existing systems: by using an RFID badge or NFC chip inside a phone, the “clock” would just have to be connected to whatever mechanism and network is ultimately responsible for sending the affirmation signal to the smart contract or DAO that automatically pays them.  Another example would be to use biometric fingerprints or eye scanners to verify the employee is “clocking in” (or out) and then connect that system to the same mechanism mentioned in the previous example.  There are limitations however: for instance, if an employee or contractor gets a piece rate or must frequently switch sites throughout the day to different neighborhoods, campuses, or even cities.  Creating a tamper resistant mobile check-in device that replaces the immobile clock to keep track of the number of pieces could be a business opportunity in the future.5 In fact, through the microtransaction abilities of Bitcoin, users can send micropayments, signed with their digital key, to prove that they were in a particular hotspot for a particular amount of time.

Decentralized Autonomous Organization

As I described in the introduction, a DAO is a virtual AI agent capable of performing, fulfilling, and executing the tasks, actions, and functions normally conducted by managers and executives, such as paying bills, issuing dividends and even crowdfunding an IPO.678 This would be done in a trustless or quasi-trustless environment, the “balance of trustlessness” determined by the intention of the parties and the capabilities of the code.  By using a Turing-complete language integrated with a cryptoledger, a DAO is essentially a tamper-resistant or tamperproof entity, immune to many of the abuses and vulnerabilities that have been happening to brick-and-mortar organizations are today (e.g., burglaries, arson, unintentional exposure to proprietary documents).  Currently no real decentralized autonomous organization (also known as a decentralized autonomous corporation or autonomous agent) is known to actually exist on a cryptoledger, although there are payroll bots and various software-based HR tools out on the market that integrate at the edges (BitPay).9

Some analysts claim that Bitcoin itself is a DAO because all of the users technically must submit a digital key which counts as some kind of voting mechanism, shareholders (miners) receive direct compensation for their work (seigniorage) – and there is no administrative overhead per se.1011 Yet, since development and direction of the Bitcoin protocol itself is not handled by direct ”votes” it is thus more akin to a proto-DAO.12

But voting and separate personality does not a company make.  Just like the cargo cult on Vanuatu dressed up like soldiers with the belief that air cargo planes would return with wartime goods, implementing voting into a cryptoprotocol and assuming this will create a company is a fairly superficial understanding of a corporation.13 Because of how development has come under the purview of the Bitcoin Foundation, the current Bitcoin ecosystem is a blend between “shareholder” and “stakeholder” system.14 This has potentially destabilizing issues in the long-term: fiduciary responsibility boundaries are fuzzy due in part to how it is funded (sponsorships) and how the organization wants to be perceived from the outside.  Furthermore, like any initiative there is the possibility that the network could be abandoned by users; a company cannot function without shareholder input.  This is not to say that there should not be a foundation (or many foundations) or even that a foundation could not receive money from outside sources or that users will abandon the project and network – rather, that because there is no direct voting process by bitcoin holders (like in a real corporation), the decision making process of the actual direction of the protocol itself is not an example of a DAO.

Last fall privacy advocates objected to a new “Coin Validation” project (whitelisting of bitcoins) and subsequently started the Dark Wallet and Zerocoin projects in an effort to move development one direction.15 While core developers have differing views, there have been no direct votes with digital signatures by bitcoin holders in this process.16 In fact, in the face of the new Coin Validation route that foundation members discussed, Roger Ver’s Blockchain.info promoted Shared Coin (developed by Gregory Maxwell, a Bitcoin developer) as a way to work around potential white and blacklisting.171819 This is not an endorsement of any proposal, but rather serves as an example of how a DAO could be used to mollify a set of actions.

Putting the DAC into DACP

Vertical institutions traditionally have created hierarchies in which intelligence and decision making is conducted at the top and automation functions based on guidance from human inputs.  An illustration of this phenomenon is legacy companies that arbitrarily trim divisions to meet certain metrics and consequently often cut at the edges of the network.  The lower echelons of departments in this case are sometimes viewed as replaceable or some simply lack the political capital (guanxi) that other departments may have had.  However, this dynamic all changed when Bitcoin introduced the idea of autonomous distributed consensus, automation at the center of the network and intelligence on the edges.

Unlike in a legacy company where decision-making authority is concentrated at the executive level, in a Decentralized Autonomous Consensus Platform (DACP), the decision-making authority is part automated, in that it has specific rules that are followed without possibility of deviation from expected form, and conversely human interaction and bias is limited to the edges.20 In such a model, power and authority, rather than being collected at the top, is spread to the edges of the network by allowing key holders (or VoiceHolders) to influence the decision-making and priorities of the DACP proportionally with their preapproved voting rights (e.g., when setting up a firm, a voting structure is put in place usually based on the amount of equity or shares an individual has).21

The legal liability and responsibility of a DACP or DAC still trace back to the key holders who sign their digital keys with a DACP which then calculates results based upon the prearranged voting proportionality.  For example, Bob’s Boutique requires that the allocation of special funds used by the DACP to hire contractors must be approved by a threshold of digital signatures.  If the threshold is unmet then the DACP does not release the funds to hire the contractors.

Software-based solutions used to calculate, authenticate and verify shareholder votes for many corporations and organizations already exist yet most still rely on a trusted 3rd parties and are susceptible to social engineering and man-in-the-middle attacks.  Thus, one opportunity for e-voting enterprises is to build consoles and virtual applications that utilize a cryptoledger, allowing members of organizations and institutions of all sizes to securely sign policy decisions.  To prevent internal takeovers and allow for quick dissolution (e.g., to manually reallocate assets), a self-termination clause could be programmatically designed within a DACP that could be triggered if enough shareholders submit signatures (or Voice) to a specific internal address within a specific timeframe (nLockTime).

In another real-world example: a DACP can be created as articulation of an assurance contract based upon a predesigned outcome, those who agree with the sentiment send funds to the DACP (the fundraising) and after a value-threshold is met, the DACP acts to bring about the desired result. Funds that are raised during this process are not releasable until a threshold (e.g., 51%) of those who put the value there in the first place, or those who purchased extra shares (e.g., giving larger voting pools) agree to both the need for the expenditure, and the final product being submitted for reimbursement.

Again, as mentioned in chapter 4, although this may sound futuristic, these autonomous platforms have no “artificial intelligence” at the top of the pyramid.  Where the capstone used to be the ultimate centralization of power, in the words of Adam Levine, “now it is only the nexus point for consensus from those participating further down the structure.”   It has the ability to spend funds, but only at the direction and authorization of the majority of shareholders.  Just like Bitcoin, DACs and DACPs are consensus driven, rules-based systems.  To be part of the system, according to Levine “is to follow the rules, so there can be no pre-mining, no individuals with privileged status at all.  Privilege is the antithesis of efficiency, and these structures seek efficiency above all things.”

Below is a rubric designed by Levine in his forthcoming paper to describe a hypothetical DACP assurance contract:

  1. DACP specification is proposed with Kickstarter Address collecting Ethereum/Bitcoin
  2. Received funds comprise development funds and initial DACP monetary base
  3. Kickstarter Address hits funding threshold and DACP Proposal Hub bounty is issued and rewarded by DACP consensus
  4. Proposals to develop DACP are created, and one or multiple are accepted
  5. Completed bounties are reviewed, and bounties are released by prearranged consensus.  DACs cannot integrate submitted bounty solutions until the winner has been paid.
  6. Once the platform is created and operational, DACP token holders can sell their tokens for Ethereum/Bitcoin at current market rate, hold it to speculate on the platform becoming more popular relative to the fixed number of DACP tokens, or exchange their DACP token with the DACP itself for DAC token as described above.

Experimental Cases

What a DAO could do is actually execute the contract based on pre-agreed to conditions.  If a digital signature counts as a vote, the only way to modify what a DAO would do is to get X amount of votes to approve some kind of execution process.  The specific amounts are hardcoded into the program beforehand and perhaps some are weighted differently.  To a limited extent, multisignature transactions, also known as m-of-n transactions (e.g., “joint bank account” “multisignature lotteries”), already work with Bitcoin itself, although again, you are limited to around 10,000 bytes, which would not be enough to fit hundreds of “votes.”22

Multisignature authorization of transactions is not a new concept as it has existed for hundreds of years in every corner of the globe.  This is done, as Szabo pointed out in chapter 3, to force conspiracy to take place in order for abuse to be undertaken.  That is to say, no single individual has the unilateral ability to abuse the treasury of an organization (or launch a ballistic missile).23 For example, using the Bitcoin protocol today as established by the built-in rules of Script (the name of the internal language), three parties could sign a contract which is programmed to release funds so as long as it receives the digital key of at least two of the parties.  As a consequence, this makes the Bitcoin protocol the legal system as it is impossible to use the tokens without the signatures.  Or in other words, if Bob operates a small company he may need to have 2-out-of-3 executives sign a document in order to release funds to pay for warehouse expansions.  With cryptocurrencies, the same idea applies wherein to move a ledger value (a bitcoin) to a different address, a smart contract or DAO that holds and controls “locked” tokens needs a predetermined amount (threshold) of digital signatures to release them.24 While it is not a DAO, Bits of Proof has developed software that provides this type of 2-out-of-3 reconciliation with a company, Bullion Bitcoin.25

In the future, a small auto-body company could create a DAO on the Ethereum ledger (or Litecoin, Bitcoin, etc.).  The company has five executives, each with a digital key needed to utilize and modify the cryptoledger.  Based on the company charter (and as specified in the smart contract or DAO), at least three of the five are required to use their keys in order for the tokens within a DAO to be used.  After a company meeting, an agreement is made to use the funds and three executives – Alice, Bob, and Carol – are asked to use their digital signatures (keys) to tell the DAO to release a certain amount of tokens.  Utilizing their smartphones (or any network connected device with an app tied into the ledger), they then submit their key and the funds are released.

This can scale up in the case of shareholders of a company.  Unfortunately as noted above, the current Bitcoin protocol has technical limitations that prohibit hundreds of digital signatures being sent to a specific address.  Yet other projects like Ethereum could potentially enable hundreds or thousands of signatures to be sent to a DAO.  This then could enable shareholders to vote on specific policies.  For example, if the board of a shoe manufacturer wants to expand production of a new running shoe that requires the use of tokens managed by a DAO, based upon pre-approved programmatic rules, they would need to bring this up for a shareholder vote.  A DAO could be preprogrammed to fulfill specific functions based on voter thresholds, like a majority or supermajority of votes (51%, 67%, etc.).  In this example, if there are 1,000 shareholders altogether, the DAO which was programmed with a 50.1% threshold, would only release the tokens if it received 501 digital signatures from all shareholders.

Peercover

In January I spoke with Jared Mimms who is working on Peercover, a startup that allows anyone to become their own decentralized insurance company.26  After months of work, they created one the first known smart contracts using a cryptoledger, interfacing with Ripple.27 According to him, “Peercover’s goal is to allow for a sandbox where people can chain smart contracts together and produce profit bearing assets (companies) without having to code. This mean the companies provide valuable services and are simple for people to use and join once companies are founded.  Peercover has developed a series of what they call “company types.” Each of these is really just an “algorithmic framework” for a company, including an “offer system” that allows founders to invest in companies by chaining 3rd party services to them to make them more attractive to join. Finally, a built-in trading system and soon to launch Simple Stock market allows founders to sell portions of their assets and investors to easily trade equity and reap automated or manual dividends.”  Mimms claims that Peercover is “the first true contract client in the space” which likely will increase competitive attitudes from other projects.28

With respect to smart contracts more broadly, Mimms says, “these types of instruments could provide a real opportunity for decentralized innovation.  Specifically, I saw how cryptocurrencies can allow for the automation of superfluous corporate functions.  And to accomplish this I began working with Peercover, where we can provide customers and entrepreneurs the ability to trade through gateways (via Ripple) without having to build and manage an entire backend.  Ripple has an open API that we use because currently it is the most efficient and robust at enabling  truly decentralized merchanting with low confirmation times compared with competing APIs that can take an hour per confirmation.”

Ripple Labs open-sourced the Ripple protocol last fall; the Ripple network has confirmation times between 5-15 seconds versus several minutes for blockchain-based ledgers.29

“For our first “smart contracts” we initially focused on peer-to-peer insurance companies – contracts – because of the new Obamacare mandates.  That is to say, there is a noticeable absence of insurance startups in healthcare and our platform makes it easy for companies to build their own custom solutions.  While we call them “companies” they are essentially a simple decentralized autonomous corporation (DAC).    Furthermore, one of our current plans is to integrate social networking functionality within Peercover to allow people (developers, customers, merchants) to talk to one another.  As a consequence, part of this process will require taking necessary steps to prevent fraud, thus we will verify people’s identities.  This may sound easy but as we have learned with working on various altcoin projects, if there is money involved some people will go to great lengths to commit fraud by forging and doctoring “official” photographs.”

The DAC claim is quite bold as no other team besides Invictus has announced any such development in a production environment.  And while legal compliance issues such as Know Your Customer (KYC) compliance have briefly been mentioned in passing; authentication has been a hurdle for other parts of the ecosystem, especially involving exchanges.30 According to several investors I spoke, maintaining KYC databases will likely become outsourced to firms that solely focus on this area of law.

Altcoins such as Dogecoin and altprotocols such as NXT surprised Mimms and his team this past year and he credits these two specifically for introducing a new marketing mechanism and potentially new platforms.  It is through these experiences that “we have learned to become adaptive and open to new cryptocoins and cryptoprotocols.  Because of our trial-by-fire experience, we can integrate with a new altcoin or altprotocol within a few nights whereupon we then provide users with a very flexible sandbox and drag-and-drop functionality to all users.  For example, if you own a bicycle repair shop you can create a customized contract that enables funding options, stock issuance, dividends and even discount management (e.g., 20% coupons to all users).   We are also the first company to actually create contracts that allow for accredited investors to create crowdfunding in compliance with SEC laws.  That is to say, instead of paying an investment bank like Goldman Sachs or J.P. Morgan to IPO your stock, you can do it yourself through a $200 kickstarter on our platform.  You can issue dividends and allow other people to hold shares.”

This crowdequity meme is also discussed in chapter 7 with examples from BankToTheFuture, JoinMyIPO and LTBcoin.  How the legal issues will be resolved in countries such as the United States is also an aspect to look into if your company is interested in this competitive space (e.g., allowing non-accredited investors to invest).31

Looking toward the future, Mimms says that Peercover has “also begun development towards using Watson-like functionality to provide fully autonomous customer service.  As a part of this effort, we have begun implementing tools such as a “tax” tab that will automate the amount of taxes to be withheld (e.g., a percent based on regional sales taxes that can be sent to specific cryptocurrency address).   While Ripple Charts users themselves are creating and executing contracts – which we build from, we have also partnered with BIPS, a large European-based payment solution provider in this space.”32)

Watson is a natural-language processing system developed by IBM and was popularized in a 2011 series of competitions on Jeopardy in which it beat two championship level human opponents.  IBM has subsequently improved on its abilities and plans to integrate the system in the healthcare industry.33 In addition, automated tax tools are another relatively “simple” area that several developers and investors mentioned that could be relatively easy for development and production.

Continuing, “While other platforms have noble goals, we think a decentralized 3rd party tools creates too much unnecessary complexity for end-users.”

Thus the takeaway message from Peercover’s experience seems to be, “in contrast, what we think is going to win is to have a sandbox-based platform that integrates fees where anyone can create and manage – with advanced interfaces – blindingly simple contracts.  For instance, we had one customer who raised $30,000 in two days with just $200 in kickstarter fees.  The technical backend, how it is done is not necessarily relevant to the minds of users who do not have time or the knowledge to fine tune the infrastructure.  And in the end, if your goal is to decentralize banking, keeping it simple is probably the number one issue developers and entrepreneurs should continually pay attention to.”

Subledger

The ability for a centralized platform to tap into decentralized processes is also being capitalized on with another project called Subledger.34 Subledger is an in-application accounting API that enables developers and businesses to integrate financial databases, including those based on cryptoprotocols into a double-entry real-time ledger analytics engine.

In February I spoke with Tom Mornini, co-founder at Subledger and according to him, “Applications make entries into Subledger for every transaction, in real-time if possible.  It’s then easy to share account records with the parties they represent, such as customers and vendors. That builds trust by eliminating the need for it, just like the blockchain does in cryptocurrencies.”  They have also refined segmentation so that customers have individual accounts for anything that needs to be tracked; we only aggregate during reporting.  Furthermore, the system never updates old entries and completely documents each transaction to maintain an audit trail.”

Continuing, “most people think accounting is about money.  While it is nearly universally used to track money but it’s really about tracking state changes of units of account which are not necessarily money.”

Furthermore, ignoring the time to close (e.g., the lag time between the close of a quarter and the close of the books) is a huge problem with currently deployed software. “The time to actionable information is critical for all companies.  The effort to audit is also greatly reduced, which also means less expensive, and auditing can now take place in real-time.  Auditors could verify a percentage of transactions every day, hour or minute and, essentially, continually attest to the accuracy of the information.”

He also sees at least one competitive advantage between Subledger (a trusted 3rd party) and DAOs, in his view, “the distributed autonomous organizations will be more expensive per-transaction because of the consensus overhead.  If there’s no counter party, there’s no reason to pay that overhead, which also requires the information therein to be public knowledge.  I’m not clear that a DAO would want its internal cost accounting to be shared publicly.  In some cases, yes, in other cases, perhaps not.”

Perhaps developers in this space can leverage a service like Subledger to provide a SaaS-based automatable system that integrates with an intranet-based cryptoledger as described later in chapter 8.  In the wake of Mt. Gox’s bankruptcy in February, which appears to have occurred in part due to a lack of internal accounts reconciliation practices and metrics, perhaps future exchanges could utilize a DAO or a CAO to provided quicker information to decision makers.

Where the Rubber Meets the Road

Currently it is difficult to foresee how the arbitration mechanism in a DAO would initially help anyone in China or other jurisdictions.  After all, who or what would enforce its decisions?  Or, if you used a DAO, what clauses could you include that hedge against the uncertainty of a potentially untrustworthy party?35 In terms of payment, fool proof clauses must be written into a contract that specify what exact channels or addresses the funds will go through and at what specific times.  While direct deposits are common on the mainland, it is not unheard of for unscrupulous employers to change bank accounts in an attempt to not pay debts.  Yet, cryptoledger-based escrow and bank providers may find new opportunities in this segment.36 And there are other options such as atomic-based transactions or atomicity in database parlance.

Michael Goldstein, founder of the Satoshi Nakamoto Institute, wrote a concise explanation of what an atomic transaction means:

Two parties agree to exchange one cryptocurrency for another, and the transaction is done in such a way that neither side can execute their portion of the trade without releasing funds to the other party. The trade either happens in its entirety, or not at all, which means nobody can walk away empty-handed. The worse possible outcome is that no trade occurs at all and everybody keeps what they had.37

You can substitute “cryptocurrency” with any kind of token (metacoin, colored coin or even a smart contract) that is capable of performing the same function.  Previous such atomic transactions have taken place in other systems such as with airline bookings.  A potential passenger must both pay for and reserve a seat or neither pay for nor reserve a seat.  A booking system will allow one option to occur and not a mix.

Using existing technology plus atomic transactions, there are several ways an employee and employer could resolve payment disputes.  In a small business between friends, family and other trusted parties, the formalized contract steps could be minimized.  A simple contract might look like this: working from home (it could be any arbitrary location) Bob builds a website for Alice and thereafter uses 0.0001 bitcoin (or litecoin, etc.) to generate a temporary token of arbitrary color, size or type but which represents a predetermined, pre-agreed amount of value – a temporary “labor” coin – and sends it along a cryptoledger to Alice.  Later that day, Alice looks at and approves of the website quality and subsequently sends Bob a token of predetermined value worth $500 (the exact amount is based upon a previously agreed to amount) and utilizes the same cryptoledger (although it does not necessarily have to).  Both tokens have a function called nLockTime built into them for twelve hours (these time values are arbitrary).  If both tokens are sent and received during that twelve hour time period, then the atomic-transfer takes place and both receive the other token.  Alice scraps the token she receives because it was a mere abstraction of the labor Bob provided (she can keep it for accounting purposes if she wants).  Bob on the other hand can then exchange his token to any fiat exchange, token exchange (Cryptsy, Bter), or perhaps even a merchant.

Again, this was simplified to illustrate how the atomic transaction works.  In this case, if one or both parties did not send their token in the allotted time – none of the tokens would be received by the intended parties.  Instead, the ledger would send it back to the originating wallet address.  For example, if Alice did not send a token, the next day Bob would wake up and see that he has not been paid and his “labor” token was sent back.  He can then talk to Alice to find out what the issue might be; after all, he would like to be paid for his labor.  In reality, as well as this example, it is possible for both Alice and Bob to use different cryptoledgers so long as there is some mechanism like a web exchange that has the ability to process both types of tokens.38

And so long as there are decimal units in a particular token, the logistics of sending value can be scaled up, for all practical purposes, near infinitely and potentially infinitely (assuming scalability issues can be overcome).  Even if all seven billion humans (plus DAOs) immediately began using one particular cryptochain that used just one specific base token (a bitcoin, ether, etc.), they could send fractional token sizes (e.g., 0.00001) to other parties.  Each individual (and DAO) could also include a secondary attribute in a “hash” or code snippet to identify what asset this token actually is meant to represent, such as cars, commodities, “labor,” and fiat (e.g., using metadata to turn 0.0001 BTC into a “blue” token or some other random attribute that acts as an abstraction to an specific asset).

Abstractions and Decimalization

Consequently because of this decimalization, the virtual economy should never run out of base tokens in the money supply.39 This is not inflationary, as no new base token is created that is not tied to some particular asset.  The underlying foundational token is still tied to the scarcity of the original money supply.  Furthermore, there are built-in anti-spam functions in existing cryptoledgers that require minimum transmission values, below which a transaction is not permitted along the network – this is known as the dust limit.40 And again, with Bitcoin, every 10 minutes 25 bitcoins are “created,” in Litecoin, every 2.5 minutes the same amount is created.  Other cryptochains have their own known, invariable money supply creation rates, but this is not important as the fundamental ideas are the same in that these tokens can be further subdivided into increasingly smaller decimal spaces and also given a second attribute to represent a different asset.  Similarly, additional DAO-based banks and escrow services could provide functions if atomic transactions are not agreed upon beforehand.

At a large enterprise for instance, Bob, a graphic artist, arrives at Adobe (his employer) and logs in with an RFID badge at the front door of the office.  The clock sends an encrypted signature to an HR DAO run by Carol’s independent escrow that creates a timestamped ledger entry on the Bitcoin network (or Dogecoin, etc.).  Bob’s computer is also fitted with software that can monitor his inputs, which are stored on Adobe’s SAN (while this verification role is redundant, Bob could also later point to the information gleaned as proof that he worked).  After completing his assignments Bob again, clocks out with his RFID badge which sends another encrypted signature that generates a token that represents one day worked.  The color or type or size of token is irrelevant as it is merely a representation of an agreed upon completed condition.  Alice, his supervisor can later send her own signature of approval (or disapproval), which is then sent to Carol’s DAO.  If approved, the token could be released and sent to another independent DAO, Dan’s bank, which stores tokens held in escrow on behalf of Adobe (e.g., n-of-m).  Once both tokens are received, the transaction triggers a time-based predetermined, pre-agreed settlement clause between Carol’s escrow services and Dan’s bank whereupon Carol sends Dan’s bank the “labor” token (which could be discarded or held for accounting purposes) and Dan’s bank sends a pre-agreed token (e.g., a bitcoin worth $500) to a prearranged wallet address that Bob controls with his private key (e.g., his bank account).  Dan’s bank could also send the token through other DAOs, this was just one illustration.

As you can tell, this type of system could be used with any amount of time lock, including years – hence the long-term potential uses of managing trust funds and the execution of wills.  For example, Bob has $1,000 and would like to give it to Alice, his 1-year-old baby daughter, when she turns 21.  Bob has several choices.  He can immediately exchange the $1,000 in fiat for a token (e.g., bitcoin) and place it in escrow.  He could deposit the fiat into a bank and fill out a smart contract with the bank that provides a time-based disbursement condition (e.g. in 20 years, spend the $1,000 and purchase an equivalent amount of bitcoin and send it to Alice).  He can deposit the fiat into a bank but then create a smart contract-based financial instrument with a fraction of a bitcoin (0.0001) which may cost him a few dollars now and send the smart contract to a DAO bank where it sits until a specific date is triggered.  He could also simply exchange $1,000 fiat for a bitcoin token today and leave it on the cryptoledger using an “external state contract” because the nLockTime function is already built into the protocol and the token will automatically go to a prespecified address at a specified time (e.g., in 20 years it will be moved to an address controlled by Alice or Bob).41 However, Bob should also be aware that if he signs and broadcasts the transaction far into the future there is a chance that some nodes may choose to drop the transaction in the memory pool.  If he uses an escrow, he can also create a smart contract that lays out the specific conditions, the terms to which a token is allowed to be sent to a pre-specified address (perhaps Alice has her own address, or maybe she is given access to his in the event he dies).

Another way to handle an inheritance with the existing blockchain is through an entity called an “oracle;” an autonomous 3rd party agent.  In his 2012 presentation Mike Hearn described an independent, trusted oracle system that is set up to monitor the obituaries section of a government agency or newspaper, whereupon it can relay identities and information to a contract on a cryptoledger.  Or in other words, the oracle listens and uses that data to sign a multi-signature contract and in order for the contract to release funds to the beneficiaries, it needs a signature from the oracle.  The contract had previously been signed by the original trustees who require a signature from the oracle to release funds to predetermined beneficiaries.42 Last year Michael Goldstein described another oracle involving a sports bet: Bob bet that team A would win and Alice bet the other team would win.43 An oracle holds the deciding key to a contract that says if team A wins, Bob receives the funds (bitcoins) and if team B wins, Alice receives the funds.  The parties write the contract noting how the transaction should proceed in the event of disputes or potential ties.  Then after the event is over an oracle signs it removing the middleman.  Unlike ordinary legal disputes involving nuances and grey areas, sports betting is an objective, idealized scenario because there is no grey area as all that an oracle would have to do is have access to an ESPN data feed.

Mitigating Abuse

Other near-term uses within a cryptoledger are loyalty programs, merchant reward programs and “Frequentfliertokens” from Alice Airlines which could help prevent and mitigate the risks involved in travel hacking (e.g., getting frequent-flier miles without flying).44 For example, United Airlines frequent-flier miles were downgraded effective February 1, 2014, due to rampant inflation caused by a combination of website vulnerability exploits and quick scheduling changes by users.45

Instead, Alice Airlines could offload the auditing, storage and transportation of rewards and utilize the “contract” system of a cryptoledger by using an arbitrary amount of a token (0.01 BTC), creating a “contract” that defines a set amount of mileage (which itself will likely have some predefined expatriation dates).  Assuming that flyers are using cryptocurrency wallets and provide the airline with their wallet addresses, the users will be able to receive the mileage amount in their wallets.46 In turn the users can sell and trade the reward tokens by sending a specified amount to Alice Airlines.

Other institutions can use a smart contract to issue and track its own customer loyalty program rewards.47 For instance, in 2005, Subway ended its sub club stamp program whereby a customer would receive a couple of stamps (stickers) for certain purchases.  When a customer collected a certain threshold of stamps, he or she was eligible to receive free food (chips, drinks, sandwiches).  Yet, a number of customers found a way to game the system by buying and selling entire reams of stamps on eBay, creating massive stamp inflation costing the parent company an unspecified amount in losses.48

Thus, coupons are another ripe area for development.  According to NCH Marketing, “Consumer Packaged Goods (CPG) manufacturers distributed 305 billion coupons in 2012, the same quantity as the year prior. […] total redemption for 2012 fell 17% to 2.9 billion coupons, saving CPG companies a substantial $800 million in face value discounts.”49  While this may seem like a mundane area, consider that by 2016 Juniper Research predicts that “the total redemption value of mobile coupons will exceed $43 billion globally” because coupons are increasingly delivered by mobile apps.50 For perspective, 48% of adult internet users in the United States redeemed a digital coupon for shopping in 2012.51 A company providing coupons or discounts could create a DAO to manage these redemption contracts (e.g., a type of time-locked token), which will not only reduce the logistical overhead but also prevent coupon abuse and fraud (e.g., double-spending).  According to the US postal inspector Roberta Williams, “for every coupon successfully counterfeited, it costs the manufacturer $1 million.”52 Initially these fake coupons are scanable but the coupon inflation ultimately forces manufacturers to redeem more than they had intended.  Furthermore, the Coupon Information Corporation (CIC) estimates that coupon scams create losses of $300 million to $600 million a year – and that these costs end up getting passed onto consumers.53 Yet, if there is one function that the algorithms governing Bitcoin money supply have proven adept at, it is preventing inflation.

While not directly related to fraud prevention, one real world case-study within this overall segment began in February 2014.  PointsHound, a site that rewards travel reservations with frequent flier miles and hotel points, announced that it had begun using bitcoins in its payout system.  If a user selects the bitcoin payout option, PointsHound calculates the reward based on the market price listed on Coinbase and then sends the amount to the user’s wallet.  According to cofounder Pete Van Dorn, “We carve out a portion of the commission to give back to the customer in the currency of your choice. It might be 5,000 miles, it might be Bitcoin.”54

The Tao of DAO

In developed regions, market participants are familiar with computer software that uses, runs, manages, and executes nearly all of the financial instruments on electronic stock exchanges – and how there are various clauses written into them to hedge against (or prevent, or in case of) some type of counterparty risk.  Below we will look at how that functionality can be designed into a smart contract with a normal contract at a normal job or even one that a Chinese migrant worker may do.

One way this might work:  Bob, an employee, would use a digital key to sign a smart contract with his boss Alice, who also uses a digital key to sign it.55 Within the contract will be a number of provisions and stipulations regarding payment time periods and clauses that hedge against the possibility that one party does not fulfill his or her end of the bargain.  Perhaps there will be a clause that says how payment will actually take place: through an escrow service (BTCrow), through bank X, through address Y, or a mix of different options.  This contract could be stored on a public decentralized cryptoledger (e.g., Bitcoin, Ripple).56 If stored on a cryptoledger it is tamper proof and forge proof as it sits there immune from 3rd party interference.  Again, while most people think of Bitcoin as a currency tracking tool, in arithmetic terms it is more akin to a database that can be used to track any particular dataset (e.g., a bitcoin) as long as it fits within the technical limitations.  It just so happens that the sole data this past four years has been for one particular “token” as represented by an integer on the ledger (i.e., bitcoin).57

While there is a way to change the way the DAO could operate by convincing the rest of those with votes to modify it with their private keys, the original contract would still be left in public view and untampered with.  What could happen is that contract itself would have an nLockTime (time-based) clause or condition that after X amount of time, if certain conditions are not met (for example, payment) then it would follow some predefined termination clauses.  Perhaps it would send itself to a predefined arbiter or escrow DAO.  While it is doubtful that smart contracts will solve all of the problems on the edges of a network (e.g. brick-and-mortar infrastructure), it will prevent tampering with the actual contract itself thereby protecting employees (and employers) from trusted 3rd party risks such as fraud.

So in a nutshell, ignoring other aspects of asset management, the following scenario could take place:

Bob digitally signs a smart contract with Alice stipulating various expectations, terms of compensation, etc.  This contract stipulates that payment will go through various channels each month, however if there is a breach of contract it will end up with Cathy’s escrow service (which itself could be an independent DAO).  In fact, there will very likely be several virtual escrow services that need to maintain a good, honest reputation to do business (just as they do today).  Furthermore, there will likely be a dispute-mediation clause regarding independent arbitration if all else fails (just like today).58 By “all else fails,” I mean there will be a time-based trigger: if neither Bob nor Alice re-sign clause B, C or D by a specific time in the contract located on the ledger, the contract is sent to Dan the arbiter or Eve at the public court.  Dan could, like an independent escrow service, be chosen from a list of known reputable arbiters who face similar market conditions to provide unbiased service (net-ARB is a type of service like this).59

These types of default-based relationships and contractual stipulations take place today.  While it may be difficult to initially “codify” them into software, it is likely just a matter of time: last year Coinsigner became the first cryptocurrency-focused dispute resolution service using multi-signature transactions.60 In fact, the barriers to entry are low enough that individuals can create independent mediation resolution practice to provide objective, unbiased fair decisions and any three people can employ it, across borders.  Whether these systems will be commercially viable for enterprises of significant scale is, however, as mentioned several times in this manuscript, very much an open question.

If stricter capital controls and regulations on cryptocurrencies are enacted in China (or elsewhere), by using a couple different “colored” coin chains (or other ledger contracts), Bob from Beijing could potentially transfer assets worth X amount of money to Alice from Anhui instead of X amount of money itself.61 This could create a sort of advanced barter system which may not be as efficient in terms of actually using a cryptocurrency as a medium of exchange but it could help those in an informal economy qualify and quantify asset value and clear up some of the confusion around contracts and property ownership.62 Yet how those contracts will be enforced is also an issue that will likely fill volumes, as any institution providing such service will be a target policy oversight, just like the exchanges are now.

At the same time, there are some uncertainties and legal risks which will vary from one jurisdiction to the next.  In China, it is hard to speculate how the various townships, counties, municipalities, provinces and the central government itself will recognize this type of ledger-based asset management.  Twenty years ago, most Western commentators believed that the internet would empower the average Chinese resident to maneuver around censorship, but the Great Firewall has proven very capable of stemming the flow of all information.63 While it would be difficult for them to block such decentralized peer-to-peer activity perhaps each government layer will instead want a small piece of the transaction and only recognize smart contracts that go through specific government-run DAOs or corporate custodial escrow and arbitration services with a contractual nexus to real assets and a national system of law and enforcement, as suggested by Preston Byrne in chapter 2.

  1. This is from Goethe’s Faust.  The actual quote is, “grey, dear friend, is all theory, and green the golden tree of life.” []
  2. See Mike Hearn, Bitcoin Developer – Turing Festival 2013 video and Bitcoin Developer Mike Hearn and Amex VP Michael Barrett Join Circle Team from CoinDesk []
  3. There is a keyboard shortcut and browser extensions called a ‘boss button’ which quickly switches the screen to hide certain programs (like a computer game or video). []
  4. Companies can receive analytics that provide reports on all file and network.  Some examples of such software are Ultra VNC, eBlaster and Screenshot Monitor.  See Are You Being Monitored At Work? by Becky Worley []
  5. Teaming up with “check-in” providers such as FourSquare could be a method. []
  6. Gregory Maxwell uses the term ‘agent’ in his StorJ proposal; see StorJ, and Bitcoin autonomous agents []
  7. BitcoinStarter and CoinFunder are two current services in the crypto crowdfunding space. []
  8. It is currently unclear what the arbitrary distinction between an “advanced” smart contract and a barebones DAO lies.  Both use a blockchain to conduct and manage their organizational operations.  Furthermore, to use the TCP/IP and SMTP analogy it is unclear at this time whether Bitcoin is merely one type of crypto app (like SMTP) or if it is more general purpose – a foundation – like TCP/IP is.  The ’2.0’ projects in the broadest sense (like Mastercoin, Colored Coins, Invictus, Ethereum, etc.) are an attempt to create a more general platform more akin to TCP/IP that other services are built on top of. []
  9. See BitPay, Coinbase and Bootstrapping A Decentralized Autonomous Corporation: Part I by Vitalik Buterin []
  10. Bitcoin and the Three Laws of Robotics by Stan Larimer:

    Bitcoins can be viewed as a small “share” of the total market cap of the Bitcoin “corporation”.   The “mining” services that validate transactions and secure the network are paid for in new bitcoins that slowly dilute the “stock” as the corporation’s market cap ebbs and flows.  You can generally trade your shares for other currencies, goods, and services.  Operating rules for the corporation cannot be changed unless a majority of stakeholders vote for them by switching to another version of the software.  Interestingly, it is not the holders of existing shares that get to make this decision, but only those “employees” who are contributing their computer resources (mining bots) to run the company.

    Nothing says a corporation can’t be structured to distribute voting rights this way, and that’s exactly what Bitcoin has done.  Shareholders get equity growth.  Employees get voting rights.  All “revenue” is paid to the employees as compensation for their work.  There are no profits. []

  11. An early concept of a larger voting-based system built on a DAO is the Bitcongress Foundation.  Furthermore, David Johnston of the Mastercoin Foundation articulated this same software development centralization problem in a January 24, 2014 interview, episode 80 – Beyond Bitcoin Uncut from Let’s Talk Bitcoin. See also DAC Index []
  12. Vitalik Buterin labels it a prototype, stating:

    As Let’s Talk Bitcoin’s Daniel Larmier pointed out in his own exploration on this concept, in a sense Bitcoin itself can be thought of as a very early prototype of exactly such a thing. Bitcoin has 21 million shares, and these shares are owned by what can be considered Bitcoin’s shareholders. It has employees, and it has a protocol for paying them: 25 BTC to one random member of the workforce roughly every ten minutes. It even has its own marketing department, to a large extent made up of the shareholders themselves. However, it is also very limited. It knows almost nothing about the world except for the current time, it has no way of changing any aspect of its function aside from the difficulty, and it does not actually do anything per se; it simply exists, and leaves it up to the world to recognize it. The question is: can we do better? []

  13. Richard Feynman first popularized this superficial hand-waving phrase 40-years ago through his memorable lecture, Cargo Cult Science.  The name is derived from the actions of a South Pacific tribe located on the island of Tanna in Vanuatu.  See In John They Trust from Smithsonian. []
  14. See The Shareholder vs. Stakeholder Debate reconsidered by Rüdiger W. Waldkirch and How to Bureaucratize the Corporate World by Ben O’Neill []
  15. See Sanitizing Bitcoin: This Company Wants To Track ‘Clean’ Bitcoin Accounts from Forbes and Coin Validation misunderstands fungibility and could destroy bitcoin by Adam Back.  Technically Zerocoin was already in development months before the Coin Validation announcement; at the end of the year Dark Wallet held a successful crowdfunding campaign. []
  16. While the miners could collectively fork and begin hashing a modified Bitcoin that integrated with Zerocoin, they have yet to do so for a variety of reasons, namely the $1 billion in capital investment (hardware) that would have to be written down because Zerocoin uses a new ledger and proof-of-work.  See Anti-Theft Bitcoin Tracking Proposals Divide Bitcoin Community from CoinDesk, Bitcoin Anonymity Upgrade Zerocoin To Become An Independent Cryptocurrency from Forbes  and Hopkins researchers are creating an alternative to Bitcoin from The Baltimore Sun []
  17. Shared Coin was originally called CoinJoin, see this tweet from Blockchain.info.  In addition there is a difference between on-chain (e.g., Blockchain.info) and off-chain wallets (CoinBase and Circle).  See Roger Ver on Blockchain’s Past, Present and Future from CoinDesk []
  18. While the project is still in its early stages, the Ethereum blockchain will unlikely include the anonymity features of Zerocoin.  Rather, there may be ways to create smart contracts and DAOs which can provide some level of anonymity (e.g., shell companies). []
  19. While these decisions provoke strong opinions and feelings, forks are also a potential as well.  Several “next generation” platforms may be compelling to some niches because of potential DAO functionality that could in turn use a contract or DAO to create ‘holding firms’ or even ‘shell companies’ (though obviously it is still on paper and has not been made).  Yet, even if something like Ethereum worked as stated and the Bitcoin development team coded in significant protocol and proof-of-work (PoW) changes, it is unlikely you would get even a plurality of Bitcoin ASIC miners, let alone 90% to agree with moving to a new PoW algorithm because that would make their capital investments worth exactly zero (because a Bitcoin ASIC is tuned to one particular PoW, SHA256d).  One recent estimate suggests that there is roughly $1 billion invested in existing hardware for mining globally including ASIC R&D.  See The Bitcoin-Mining Arms Race Heats Up from Bloomberg Businessweek.  Again, while “forking” comes up in conversations, ultimately the value is not necessarily the software code itself, but the infrastructure and mind-share behind it (the ecosystem). []
  20. Adam Levine coined this acronym for descriptive purposes.  Portions of his upcoming essay “Application Specific, Autonomous, Self Boot-Strapping Consensus Platforms (And the DACs that live on them)” are rephrased and reprinted with his permission. []
  21. This term is used to describe anyone controlling more than a certain amount of tokens that interface with a DAC(P).  The concepts of “exit” and “voice” were described in Exit, Voice, and Loyalty: Responses to Decline in Firms, Organizations, and States by Albert Hirschman.  These ideas have gained new prominence due in part to the decentralizing abilities and functions created by the software community.  See Software Is Reorganizing the World and Silicon Valley’s Ultimate Exit (slides) by Balaji Srinivasan []
  22. See Why are m-of-n transactions not used today? from StackExchange, What are multi-signature transactions? from StackExchange, Bootstrapping A Decentralized Autonomous Corporation: Part I by Vitalik Buterin and the Ethereum whitepaper. []
  23. This is called two-factor authentication (2FA) or two-man rule.  See also Shamir’s Secret Sharing. []
  24. For a technical overview of how multisig works, I recommend watching a video explanation by Andreas Antonopolous (Taariq Lewis put together this slide deck of Andreas’ notes). []
  25. Bits of Proof and Bullion Bitcoin to Launch Gold-Bitcoin Exchange from CoinDesk []
  26. Peercover []
  27. The team is also involved in a new broadcast marketing initiative at OpenXRPTalk []
  28. Personal correspondence, January 31, 2014 []
  29. Ripple is officially open-source! []
  30. Compliance Program Design Presentation at First Virtual Currencies Compliance Conference in NYC by Juan Llanos []
  31. See Accredited investor and the JOBS Act []
  32. BIPS (Bitcoin Internet Payment System []
  33. Doctors seek help on cancer treatment from IBM supercomputer from Reuters []
  34. Subledger []
  35. If the “clawbacks” over the past decade are any indication, local townships and provinces will likely be a hurdle until they see the utility such ledgers could provide their own administrations.  See China’s Turn Against Law by Carl F. Minzner []
  36. See Example 2: Escrow and dispute mediation []
  37. Lex Cryptographia and Satoshi Nakamoto Institute []
  38. These sites already exist: BTC-e, OKCoin, Cryptsy and Bter are among the largest multi-token processors. []
  39. Bitcoin has 8 decimal places, the last of which is called a satoshi.  In Ethereum, the last digit is called a wei.  Note: in all examples, each user uses a cryptoledger as the mechanism for transport and audit. []
  40. The dust limit has changed over the years and was implemented to prevent transaction spam (e.g., tens of thousands of transactions each amounting to 0.00000001 BTC).  The current limit is around 5460 satoshi.  See DustTransactions and What’s the minimum transaction with bitcoin? from StackExchange []
  41. Using external state []
  42. The trustees do not necessarily need to be humans, as a DAO or Digital Oracle could technically act as a party and signatory authority.  For example, see the whitepaper Securing wallets by integrating a third-party Oracle from CryptoCorp []
  43. Michael Goldstein Explains How The Bitcoin Block Chain Enables Smart Property from Newfination []
  44. The Ultimate Travel Hacking Guide from Lifehacker and How to Be a Travel Hacker by Nomadic Matt []
  45. Recap of United’s Downgrades: Award Charts, ExpertFlyer and Meals from Frequently Flying []
  46. It could simply be a hash of an embedded URL that sends you to a screen on Airline Alice with the actual amounts along with the Terms of Service.  Colored Coins have this potential capability as do other projects like Ethereum. []
  47. This is not to say that a company needs to build and maintain its own cryptoledger for a rewards program.  For example, assuming that Cocacolacoin is not using the Ethereum blockchain (or Bitcoin) but rather uses its own independent PoW blockchain, it may be hard to incentivize network hashrate which creates network security (which prevents a 51% attack).  That is to say, instead of trying to incentivize Bob the Miner to exchange hashrate for Coca-cola swag only, Coca-cola could simply use a common, independent cryptoledger (like Bitcoin). []
  48. Fraud Sinks Subway’s Sub Club from Wired []
  49. CPG Coupons: U.S. Market Analysis from NCH Marketing []
  50. Mobile Coupon Redemption Values to Exceed $43bn globally by 2016, Driven by Better Targeting and Mobile Apps by Juniper Research []
  51. Leader In Fast-Growing Digital Coupon Industry Sets Debut from Investors Business Daily []
  52. New coupon scam is costing U.S. companies millions of dollars from Fox6 []
  53. Start Your Own Online Coupon Or Daily Deal Business by Richard Mintzer []
  54. Rewards Program Tries Bitcoin from The New York Times []
  55. Public/private digital key []
  56. BTCrow []
  57. One of the primary reasons this was the case is because Satoshi Nakamoto intentionally created Bitcoin for that purpose, hence the full name of the paper “A peer-to-peer electronic cash system” – the first section of the whitepaper discusses the problems people have with paying for things online; it was not a manifesto. []
  58. See Example 2: Escrow and dispute mediation []
  59. internet-ARBitration []
  60. A Decentralized Bitcoin Exchange Process Dreamed up and Executed from Coinsigner []
  61. See Colored Coins project and Colored Coins: NYDFS Reviews Ways To Transfer Ownership With Bitcoins from International Business Times []
  62. Many of these “crypto exchange” ideas trace themselves back more than 20 years both in academic literature (Nick Szabo) and in science-fiction (Neal Stephenson).  In fact, Stephenson wrote three novels in the 1990s which include crypto-based themes as an integral part of their plots (not cryptoledgers or cryptocurrencies, neither of which were foreseen).  These are Cryptonomicon, Snow Crash and The Diamond Age.  Prior to these publications, one non-fiction document that is historically seen as significant in the development of anonymous digital currencies and electronic privacy is The Cyphernomicon by Timothy May. []
  63. The Great Firewall (防火长城) is an ongoing multi-decade project by several Chinese governmental institutions to filter and block undesired information from the mainland.  The GFW is very effective for the most part; without a VPN, I was directly impacted every day for 5 years.  I discuss this in Chapter 20 in Great Wall of Numbers.  See also The Master Switch by Tim Wu []

Chapter 4: Smart Property

[Note: below is chapter 2 to Great Chain of Numbers]

Since the release of the original genesis block in 2009, hobbyists and professional traders alike have been practicing trustless asset management – except there has been only one asset: bitcoin, and it has been traded on what until recently was essentially an unregulated securities exchange.  The next evolutionary step is to begin using cryptographic ledgers to track, manage and exchange smart contracts and even smart property.

According to Nick Szabo, the lowest-hanging fruit in this segment is contracts that are 99.9% “dry” code – which is to say, those already formalized which can then be executed automatically via software code with extremely few manual exceptions.1 This would immediately encapsulate nearly all of the securities and financial instruments currently traded on electronic exchanges such as NASDAQ and Euronext (of which the NYSE is a component).2 This has a number of Christensen-disruptive qualities affecting middle management and potentially entire departments of individuals at financial institutions who neither write the code nor provide additional interpretive value to such contracts, and whose jobs (e.g., auditing, accounts reconciliation) could conceivably be  made redundant by a decentralized cryptoledger.

Virtual, digitized assets and financial instruments may be easier to visualize since many people reading this already have experience receiving salaries via direct deposit, using 3rd party payment processors (e.g., PayPal, Alipay) and even online brokerages (e.g., E-Trade, Scottrade); but how could smart contracts interact and control physical property?

Through a modification appropriately called smart property.

Szabo was one of the first to describe a solution to this interaction conundrum, with what he called a “proplet.”3 He stated in the paper, “the goal of proplet design is to control physical objects with digital protocols.”  In his view, the functionality of a proplet could be fulfilled with a microelectromechanical system (MEMS), a device that has microsensors with several capabilities including the ability to track ownership, determine precise location and provide robust security.  Most modern-day smartphones and tablets, as well as some automobiles, include some type of MEMS (such as an accelerometer).

While ten or fifteen years ago it may have been a tall order to convince manufacturers to add “proplets” to their wares, the unintentional spread of MEMS-like devices has taken place through an organic push called the “Internet of Things” (IoT) (e.g., home automation).  This is a term coined by Kevin Ashton in 2009 to refer to the ability to uniquely identify and tag any kind of object through an Internet-like structure.4 This can be done with existing technology such as RFID, NFC, barcodes, QR codes, and digital watermarking.  As a consequence, many modern appliances such as refrigerators, thermostats, smoke detectors, doors, vacuums and even light-bulbs could be manufactured with IoT features built-in.5 According to BI Intelligence, by 2018 there will be 9 billion IoT-enabled devices; more than all smartphones, smart TVs, tablets, PCs and wearable computers combined.6 Yet keep in mind, just because something is automated such as WiFi enabled light bulbs or even doors, that this is not smart property.  It may be automated or even autonomous but it is not “smart” in the sense that ownership and control can be reverted automatically to a different party via a smart contract.

If an object has not only IoT functionality, but also proplet-functionality, it can be managed by digital protocols which in turn can be managed by smart contracts.7 In fact, Szabo used a similar insight in an exchange: “Equipment and appliances that are not already titled, but have enough resale value to use as collateral, are good candidates to use the new peer-to-peer title registries and for building in proplets or something similar.”8

The question of logistics – how to control a physical object remotely through a contract – is a common one that Szabo and others have considered.  In one of his first publications on this topic, Szabo uses an example of a car lease and a smart lien protocol.9 A smart contract for a car lease may include a clause, such as a lien that revolves around a “time lock” (nTimeLock is the technical term used in Bitcoin).  In such a contract, if a lessee fails to make a payment, the smart lien protocol is invoked, preventing the use of the vehicle and enabling a creditor (and repo firm) to retake control of the vehicle.  Obviously there could be grace periods coded into such clauses and even operational exceptions, such as not revoking operation while a car is driving down a freeway.

Another example recently explained by Vitalik Buterin could be a museum pass.10 Using your phone’s NFC capability plus a feature like a “colored” coin or even bitcoin itself, assuming you own that token unit, you can sign a message attached to it with a private key.  You can purchase a museum pass and then you can digitally sign the pass that allows admission into a museum.  If you want to sell the museum pass you can transfer the virtual coin to someone else, they can sign the pass with their key (which is on their phone), and ownership is passed to them.  Or, if Bob managed a rent-to-own store, he could include some kind of “proplet” to electronic merchandise that would facilitate the creditor-borrower ownership (e.g., failure to pay for a television, refrigerator, or even arcade machine results in service termination).

Despite this marginal progression through automation of pharmaceutical dispensaries, automation of factory work, self-driving vehicles, and voice recognition, there is a gulf between what can be done and whether or not it will be legally allowed.

However, according to Szabo,

“There isn’t any big technological barrier to this. It’s largely a matter of learning about the technology and being persuaded enough of its utility to make the relatively large capital investment for such hardware (as opposed to cryptocurrencies and the title registry itself which is just software). The biggest barrier will probably be synchronizing with or replacing existing titling systems.  There’s no terribly difficult new technology required, but when it comes to property that is already registered (for example in the U.S. states register car titles), there has to be synchronization between the two registries, or else the states (in the case of cars) has to switch to using a block chain as the registry of record for their title systems. Alas there will probably be a lot of slow-moving bureaucracy and politics involved.  Since title registries are already pretty good in the developed world there is probably an earlier market for these kinds of systems in less developed countries when it comes to existing kinds of property. In the developed world block chain titles will at first primarily be used for financial instruments or contracts (and of course, the first use of all has been to store and transfer titles to money itself).  Also, equipment and appliances that aren’t already titled, but have enough resale value to use as collateral, are good candidates to use the new peer-to-peer title registries and for building in proplets or something similar.”11

Let us explore the car example.  What this would mean is that a state department of motor vehicles (DMV) would need to be convinced to use a computer system that is connected with the same cryptoledger or database that is being used to transfer automobile ownership.  This could conceivably be done with existing technology.  However, if the past five years of regulatory uncertainty and risks with cryptocurrency is any indication (e.g., anti-money laundering laws, Know Your Customer, Money Transmitter License, Money Service Business), it would seem unlikely that all departments like the DMV will quickly adopt this method and allow assets such as vehicles (or houses or securities) to simply trade hands without some kind of tax or oversight.1213

What happens to smart contracts if a cryptoledger one is using is abandoned by miners?14 For example, maintaining a single-use proof-of-work cryptoledger is not necessarily an optimal use of resources (discussed later in chapter 8).  As noted above, you could potentially use the consensus-mining power of the Bitcoin network (or alts) to actually track and manage nearly every type of asset.  The fact that it only tracks one is non-optimal in terms of assets per hash.  But hypothetically, if Bob created a new cryptoledger for the DMV that is then solely used to allocate and track vehicles from a DMV registry, what happens if the underlying ledger loses all of its miners in a year or two?15 The ledger then no longer is usable for its purpose.16 And the vehicle titles are potentially forgeable and untrackable if miners abandon the network.  The solution to this is that in all likelihood, the codebase for the smart contracts and DAO that utilize a cryptoledger will be portable due to its open-source nature.  Thus you could create and encode additional copies of the smart contracts and place them on multiple ledgers for redundancy.  That is to say, the developmental costs of duplicating and triplicating the smart contracts onto other ledgers are minimal.   Either that or the ledger would be mined by the state, and electricity costs would be passed on to the general public as taxes.17

There may be other opportunities for entrepreneurs to build tamper-proof and tamper-resistant containers with embedded smart property elements (NFC, MEMS), allowing users to track packages in near-real time.18 Or perhaps industrial design consultants can find new opportunities to assist companies wanting to affix proplets to their wares – a process which incidentally fulfills what Richard Brown jokingly stated last fall: on the blockchain, nobody knows you are a fridge.19

Paper Meets Electricity

Smart contracts are coming of age in a period of paper-based controls designed to prevent error, fraud and abuse by delegating tasks to different, imperfect agents.  For example, an auditor may split up functions in a warehouse in which delivery, sales, receipt of payment and accounting are assigned to different parties.  According to Szabo, this segregation-style method is done as to require conspiracy by each party in order to accomplish fraud and abuse.  Yet in a paper-less, digital era many of these functions are now redundant as they are provided by a decentralized cryptoledger that is immune to abuse (without a corresponding digital key); thus there is a need for smarter controls, not more stringent ones.  Such controls would explicitly outline, by way of smart contract, the exact relationships, duties and responsibilities of each party to a transaction.   This will transform traditional hierarchy and organizational structure within companies (both small and large), allowing the possibility for more horizontal, flatter firms.  And typically, the flatter the organization, the fewer the transactional layers and delays between decision makers and information (e.g., removal of some information asymmetries).20

With the advent of CRM, ERP and other advanced accounting, auditing and HR software that condense administrative overhead, these hierarchical and organizational changes have been taking place with increasing rapidity over the past 20 years.  Yet they create new challenges in terms of trust.  For example, mergers between accounting, investment, and consulting firms can create blurred lines of fiduciary responsibility and accountability.  Szabo suggests that trust “will erode still further as accounting firms start taking advantage of the vast amount inside and marketing information.”21 Like clockwork, throughout each year there are numerous investigative reports detailing these types of insider cases, of people being allowed access to privileged information or to execute trade orders without authorization.

General Turdgison’s memorable quote regarding “Plan R” which (un)intentionally was used to bypass authorization protocols and the chain-of-command to unilaterally drop nuclear bombs against the Soviets sums up this conundrum: “the human element appears to have failed here, but we’d hate to condemn an entire program based on a single slip up.”22 Jokes aside, even if there is no intentional abuse by insiders, outside parties can still gain access to sensitive documents and information through social engineering as outfits like Lulz Security have demonstrated in a very public fashion.23 Perhaps in an era of Bitcoin or Ripple-based cryptoledger turnkey solutions, large enterprises could not only manage access to key documents (away from the prying eyes of Alice and Bob) but easily manage physical plants, campuses and even fleets of cars through the use of proplets.  There will likely even be various profitable business opportunities for (attempted) key recovery consulting.

Slowly Evolving

More than twenty years ago, automobile manufactures created the precursors to the modern electronic data interchange (EDI) standard.24 EDI is a document standard that essentially turns paper-based business forms into electronic forms and thus acts as a common interface between two or more computer applications that enables them to understand what the documents mean.  By using standardized markup, syntax and terminology (e.g., XML), organizations can quickly and cheaply send structured information to other compliant systems which allows closer integration.  For example, a manufacturer can seamlessly send documents to vendors in its supply chain.  Automobile and aerospace companies were some of the first firms to implement this technology as it allowed computer systems to automate what had otherwise been a manually intensive, error-prone, and sometimes – abused network of systems.

Over the years EDI has grown to digitally absorb dozens of forms such as: product and price catalogs, purchasing orders, inventory status updates, shipping orders, customs declarations and receipts.   Consulting, accounting and law firms have followed suit, automating  administration, billing and cost recovery systems into one standardized documentation and file format used by ECRS and LEDES software packages that have become industry standard in any enterprise of meaningful size.  The supply chain industry and shipping industry are further fusing with technology through the power of cloud-based services.  For example, in October 2013, Ingram Micro acquired Shipwire, a cloud logistics and supply chain management provider.25 That same month, Pacejet Logistics raised $4.5 million in an effort to connect logistics services with carriers like UPS via the cloud.26

As a testament to Nick Szabo’s groundbreaking work, rather than rephrasing what he has written, I recommend that all readers interested in smart contracts read his seminal piece, Formalizing and Securing Relationships on Public Networks, which deals with many of these matters in considerable detail.27

Though Szabo presents a holistic view of a trustless system, we should keep in mind that his view is a proposal – a visionary one, but one which will be tested by many hypothetical and real-world scenarios that will challenge the idea of trustless asset management in the coming years (and which will likely fill many volumes of writing).  The influence of hackers – not of the blockchain itself, but of more vulnerable systems authorized to interact with it – is particularly illustrative.  When Alice’s digital key on her smartphone or laptop is hacked by Bob and her smart contract-enabled car is sold and then fraudulently resold to numerous individuals, what recourse could she have?  In an ideal scenario, the security of the car and her key would remain out of the reach of hackers, but as has been illustrated over the past five years, digital keys can be lost, stolen and extorted (e.g., the CryptoLocker virus, or unencrypted wallets being stolen from cloud storage).

In all likelihood, as Preston Byrne and another legal professional consulted on this manuscript think, market demand for consumer protection might discourage and even reverse decentralization, rather than promote it.  As Byrne speculates, “there would likely be several centralised repositories tasked with verifying legal title and reversing fraud – whether those be corporate or government entities.  Alice might, in this case, specify in advance which agency or court would have authority to make that decision (by possession and cold storage of the relevant private key) when title first lawfully passed to her; she might also have to pay a small one-off fee (assuming a competitive market for custodial services).  Likewise, purchasers would want to be able to verify that any digital title they possessed was validly transferred and not subject to equities in favour of any third person.  The blockchain would therefore need to be paired with other methods of title verification – which would likely be less expensive than the current title transfer systems in place in many jurisdictions (e.g. a state DMV).  In the event Alice does not want to pay a small fee for a 3rd party, however, she could use an unregulated blockchain, but that ancient rule would apply – caveat emptor.”

  1. Personal correspondence, January 24, 2014 []
  2. The Euronext merger with the NYSE was completed on April 4, 2007.  In turn, Intercontinental Exchange completed the acquisition of NYSE Euronext on November 13, 2013. []
  3. Proplets — Devices for Controlling Property by Nick Szabo []
  4. That ‘Internet of Things’ Thing by Kevin Ashton and Open Source Solution for the Internet of Things into the Cloud []
  5. See Your Door Is About to Get Clever: 5 Smart Locks Compared from Wired, Smart Refrigerator from Mashable, Nest Thermostat, Nest Protect, LG Hom-Bot Square review from C|net and Spotlight on LIFX LED bulbs from C|net []
  6. The ‘Internet Of Things’ Will Be Bigger Than The Smartphone, Tablet, And PC Markets Combined from Business Insider []
  7. In one notable example used by Mike Hearn, he describes how a Bitcoin user could use the microtransaction capability of Bitcoin to open and close doors equipped with such devices.  See his Bitcoin 2012 London video.  The new OpenLibernet is a project that is trying to make this a reality, by fusing bitcoin microtransactions with decentralized mesh networking. []
  8. Personal correspondence, January 24, 2014 []
  9. The Idea of Smart Contracts by Nick Szabo []
  10. Ethereum Introduction from BTC Miami []
  11. Personal correspondence, January 24, 2014 []
  12. On March 18, 2013, the Financial Crimes Enforcement Network (FinCEN) which is part of the US Department of Treasury issued guidance (pdf) related to Anti-Money Laundering Laws (AML) which specifically discussed virtual currencies such as Bitcoin.  See History of Anti-Money Laundering Laws.  For KYC and MSB see also, Understanding global KYC differences from PriceWaterhouseCoopers, FinCEN Brings KYC Requirements To Bitcoin? from Bitcoin Money and FinCEN Declares Bitcoin Miners, Investors Aren’t Money Transmitters from CoinDesk []
  13. Last year alone, nearly all Bitcoin-fiat exchanges were shut down due to legal reasons in the US.  See Dwolla Account Seizure Reveals Mt Gox on Brink of US Indictment from Contrarian Compliance, Bitcoin Foundation Receives Cease And Desist Order From California from Forbes, Bitfloor: Largest U.S. Bitcoin Exchange Shuts Down from Mashable, OKPay suspends payment processing to all Bitcoin exchanges from The Register, Transferwise suspends operations from TransferWise, BitCoin Mining, Other Virtual Activity Taxable Under US Law from Slashdot and Fixing Bitcoin’s shaky exchange infrastructure from CoinDesk []
  14. Another question is: what happens if they are stolen?  Does Alice, a hacker in Russia now own Bob’s car?  While there are ways to sign transaction by multiple parties before they get sent, it is still a long way to go for this, asset management system to become trusted and adopted by the average consumer. []
  15. Each political jurisdiction is different.  For example, in Israel the “DMV” (Misrad Harishui) serves to license drivers only.  The tracking of vehicle related registrations happens at the post office (e.g., license plate’s transfer with the vehicle, not the registrant.  If Bob sells Alice his car, they would both go to the post office and make notice of the transfer of the ownership, and Alice would drive away with the existing plates). []
  16. “Will the last miner please save a copy of the blockchain before leaving the room?” []
  17. Again, a user would not need to purchase 1 BTC or 1 LTC, you could use a fraction of a token which is then used to represent and track the smart contract.  The costs of obtaining this fractional token could be minimal. []
  18. Much as standardized shipping containers (ISO intermodal container) have served as the backbone for global commerce over the past five decades, the potential for building light-weight but tamper-resistant packaging (e.g., polycarbonate, thermoplastic) coupled with embedded smart property features allowing near-real time tracking, may enable cryptobarter to germinate.  See The Box: How the Shipping Container Made the World Smaller and the World Economy Bigger by Marc Levinson []
  19. On the blockchain, nobody knows you’re a fridge by Richard Brown []
  20. In economic terms these are called “transaction costs.”  See The Nature of the Firm and The Problem of Social Cost by Ronald Coase and Transaction Costs by Douglas Allen. []
  21. Formalizing and Securing Relationships on Public Networks by Nick Szabo []
  22. Dr. Strangelove or: How I Learned to Stop Worrying and Love the Bomb []
  23. Kevin Mitnick is perhaps the most infamous example of the early ‘hackers.’  Mitnick was a hacker in the 1980s who used social engineering (e.g., manipulating secretaries to give him secure access) to compromise corporate networks such as DEC and Motorola.  See The Art of Deception: Controlling the Human Element of Security by Kevin Mitnick and Takedown: The Pursuit and Capture of Kevin Mitnick by Tsutomu Shimomura []
  24. For more about EDI see, Electronic Data Interchange (EDI): An Introduction by Roger Clarke []
  25. Ingram Micro Buys Shipwire, The Cloud Logistics And Supply Chain Management Platform from TechCrunch []
  26. Pacejet raises $4.5M to bring shipping to the cloud from VentureBeat []
  27. Formalizing and Securing Relationships on Public Networks by Nick Szabo []

Chapter 3: Next Generation Platforms

[Note: below is chapter 3 to Great Chain of Numbers]

As innovative and groundbreaking as Bitcoin has been, it has several known technical limitations.1 Simultaneously, the current development team is hard at work on priorities revolving around improving the security of the protocol from vulnerabilities and exploits.2 This is not a criticism of their activities and actions, especially in light of the transaction malleability issue that caused frenetic activity within the ecosystem during the middle of February.3 Other developers in the community have tried to assume the mantle of responsibility for improving the functionality and capabilities of this space.  Some projects involve fusing exoskeleton systems built around the Bitcoin protocol; others create their own independent ledgers; still others have even created bridges between Bitcoin and other ledgers.

Below, I introduce eight projects that are currently developing a mechanism to design and transport smart contracts or smart contract functionality.4 For each, I attempted to interview the main developers.

Colored Coins

As noted above, one way to utilize a crypto blockchain to verify wares is through a process being developed called Colored Coins.5 In a nutshell, this endeavor allows users to “color” a token to represent a specific asset such as a car, home, boat, commodity, a share, a bond – virtually any type of asset (e.g., 0.5 BTC colored green to represent your home).  These tokens can then be exchanged, just like bitcoin tokens, by anyone anywhere.  This enables a decentralized, trustless form of asset management that uses a blockchain as both a ledger and transportation mechanism.

Alex Mizrahi, who is leading the development of the Chroma Wallet used by the Colored Coins project says that “it is going to be very easy for the asset management industry as a whole to use Colored Coins.6 For example, some of the first places we are going to have adoption will likely be real-estate and portfolio management.  In fact, for any type of asset management it’s going to be simple to issue his own color that represents his goods.  A portfolio manager can issue one color that represents a portfolio of stocks backed by the real holding and sell it globally.  If he is savvy and his products are good, his colors are going to have demand.  So transferring ownership is very easy, quick and safe — just like bitcoins.  In the real estate industry someone can issue their apartments using colored coins and have them float on the blockchain, or manage time-sharing based on color.”7

Meni Rosefeld, another member of the development team, described several of the advantages of using a secondary attribute (color) within the asset management industry. “The greatest advantage is the removal of barriers of entry.  Currently, new businesses wishing to raise capital use cumbersome and inefficient private deals; and those aspiring to be listed in order to allow for the market to valuate them with an efficient mechanism, can only do so with a great expenditure. With colored coins, anyone can easily raise funds in exchange for equity, removing barriers of entry, encouraging innovation and allowing society as a whole to better allocate its resources between ventures.”

One area of confusion within the Bitcoin community is the misplaced understanding – that centralized servers are needed to issue and track a secondary attribute (the “color”).  According to Rosefeld, this is incorrect. “No centralized servers are needed for tracking – this is done in the decentralized network of the host currency (such as Bitcoin).  There does need to be an entity issuing each particular colored coin – however, an entity raising funds for a generic purpose is not usually in the business of running an exchange. Without colored coins, they would have to resort to a large 3rd party exchange with all the usual problems of barrier of entry (for both issuers and exchanges) and vendor lock-in.  With colored coins, they can outsource the tracking and exchange to the efficient decentralized network.  The issuer is only involved when issuing or recalling the coins; investors can then trade the coins between themselves without involving any 3rd party, which has implications for privacy, efficiency, and the kind of advanced transactions one can do.”

I also spoke with Amos Meiri, head of dealing at eToro, another member of the development team for the Colored Coins project.8 I asked: would it be easier to simply conduct all trade privately at the centralized exchange where it will be more scalable and private.  In his view, “Centralized exchanges definitely have their advantages, but colored coins can be useful for following reasons.  First, users do not need to trust their bitcoins to a centralized exchange.  Companies cannot manipulate ownership records (to commit fraud, for example).  So basically, if somebody gives you an IOU, it isn’t a good idea to leave it with the person who issued it or to affiliated parties.  Another reason is that companies cannot control how its shares are being traded, thus it cannot block trade.   And lastly, there is no need to maintain servers or manage security due to its integration with the blockchain.”

While this is obviously easier said than done, as noted above, this idea of using cryptoledgers to manage smart property has inspired and motivated numerous other groups to put forth similar efforts.  For example, Counterparty was launched in January.9 Its mysterious, relatively anonymous development team has released similar open-source applications, documents, binaries and tools that allow users and entrepreneurs to build smart property functionality such as derivatives and dividends in a decentralized manner.  Also in January, reporter Jon Southurst discussed several other groups including Reality Keys that can utilize a crypto protocol to build a predictions market or a way to hedge against currency fluctuations.10

Mastercoin

At the beginning of January 2014 I spoke with Taariq Lewis, the founder and CEO of BitcoinBusiness, a Bitcoin advisory firm and he is also the Smart Property and Business Development Lead of the Mastercoin Project.11 Mastercoin is a crowdfunded, non-profit endeavor to create an open-source decentralized exchange protocol for Bitcoin.  As noted above, the Mastercoin project has received 4,700 bitcoins ($5 million at the time) in crowdfunding which has been used to pay for bounties, building tools and write documentation all of which is ultimately released on an open-source basis.1213

According to Lewis, “we are on the tip of the iceberg of the democratization of upper level finance and investment management.  One apt analogy is that the current system involves a highly siloed, highly centralized organization reminiscent to the music industry prior to P2P innovations.  We are now approaching the first wave of people being able to distribute financial products to each other on a peer-to-peer basis.  While this obviously has regulatory repercussions such as the SEC and CFTC oversight in the US, there is no “Wolf of Wall Street” in crypto.  In fact, projects like Colored Coin, Counterparty and Mastercoin will create applications that will decentralize stock and bond exchanges allowing individuals and entrepreneurs to build dividend products and distribute the assets without middlemen.”

I also spoke with Ron Gross, co-founder of Bitblu and executive director at the Mastercoin Foundation, who also pushes the open-source nature of the project. “With Mastercoin, we are all developing open source software and tools that eventually will enable anyone to build their own applications on the platform.  We are still hiring people for the core development team yet ultimately we want to move into a decentralized structure where we as team do not actually own anything or manually hire and fire but rather a Decentralized Autonomous Application (DAA) does.  In addition we have put together a series of external bounties, where we give away $100,000 each month to developers outside the organization either working on specific milestones or just doing general innovation around the ecosystem. Thus new programmers to this space could immediately be financially rewarded for looking through a list of bounties and submitting solutions to them, or for being creative and building around the infrastructure.”

Gross sees this ecosystem eventually mapping the real world in a digital space: as self-reinforcing entrepreneurial activity – continuously builds the ecosystem a new financial system will emerge that serves as a bridge between cryptoledgers and the existing world.  As part of this vision, a natural outgrowth encompasses decentralized applications, bonds, asset backed coins, commodities, real estate, betting and prediction markets that correspond to a smart property token will emerge.  One on-going project he highlighted in particular was an open-source omniwallet, which will eventually be capable of handling and tracking the cornucopia of altcoins, metacoins, and even colored coins.

Yet getting there will obviously involve hurdles.  According to Gross, “just getting the protocol developed and robust will be a rewarding challenge.  The infrastructure is not quite ready for large more complicated projects and is undergoing massive development yet Mastercoin and all the other protocols in the same space are still accessible due to the open-source nature.  Any developer, anyone can come – look at the spec, go into the debates, send in your pull requests, look at the code – and contribute immediately.  There is no need for a central brick-and-mortar building because if you contribute anything that is positive, you will get rewarded for it.  BitAngels is launching a fund soon that is going to invest in protocols, development of DAOs and other “2.0” initiatives through hackathons where the top winners will receive a $500,000 investment.14 And through these efforts we will build a better financial system, one that is decentralized and creates complete financial freedom. The impact of creating such tools is obviously a matter of speculation but even a fraction of the pie is going to be really large.”

I also spoke with David Johnston, managing director of BitAngels, the first angel investment network focused on digitial-currency startups, and a board member at the Mastercoin Foundation.15 In his view, “cryptocurrencies are more than a payment network, it is more than a new type currency or store of wealth.  It is a whole new platform and is a way for people to now make programmable money and that gives rise to smart contracts.  Now that this money is programmable I can put it into applications, I can create other digital tokens.  That’s what really gets me excited where anyone can build anything.  In the long-run we also plan to turn the entire project into a DApp, to maximize resources and improve efficiencies.”

A DApp is short for decentralized application.  The Mastercoin platform, like arguably every other one, is still a work in progress and has gone through several iterations based on community feedback.  It also faces market competition from several others in this space such as Open-Transactions, Invictus (formerly BitShares).  As a consequence, it looks like a promising area for Christensen-style innovation.

NXT

Launched in late November 2013, NXT is a new cryptoplatform written entirely from scratch in Java.16 The platform has the ability to natively track “colored coins” – tokens that represent a specific asset based on their “color” (e.g., using a fraction of NXT to represent a car or house).  It also includes a decentralized asset exchange, which means you can buy and sell assets without going through a 3rd party.  For instance, one of the problems that impacts centralized exchanges and online stores today is that both your fiat and tokens are vulnerable to theft, hacking and other abuse.  In one notable instance, in December 2013, an online commerce site called Sheep Marketplace was hacked and 96,000 bitcoins were removed from its web-based wallet making it the largest known cryptoheist.17 This type of abuse is nearly impossible in a decentralized peer-to-peer exchange because there is no single centralized point of attack.18

In February 2014, I exchanged messages with “Uniqueorn,” contributor to the NXT development team.19  In his view, “the best way to compare NXT to the other cryptocurrencies is basically to not do it. NXT is not an altcoin at all.  While most of the cryptocoins being circulated are typically clones of the Bitcoin codebase with a few slight variations, very few of them bring anything new or substantial to cryptocurrency functionality.  On top of this is a built-in encrypted messaging system (like BitMessage) and anonymous payments (similar to Zerocoin) which adds an additional layer of privacy to protect confidential information and trade secrets.  Yet a lot of work still needs to be done both with our platform and the rest of the industry.  You cannot expect that your mother and father are going to sit down and understand this. For them it is supposed to be a tool to make their lives easier, not harder.”

Another key difference is that unlike Bitcoin and Litecoin which utilize proof-of-work mechanisms that scale in difficulty with network hashrate (i.e., additional hashrate added to a cryptoledger proportionally increases the block difficulty level); NXT instead utilizes something called ‘Forging,’ which is basically recirculation of NXT (Proof-of-Stake).20 “Uniqueorn” noted that, “proof-of-stake allows ‘miners’ to generate NXT without requiring the use of relatively large sums of electricity that other cryptocoin proof-of-work systems currently do.”  In other words, the barriers to entry are significantly lower as user does not need to utilize a top-of-the line ASIC machine which is discussed later in Chapter 7.  Therefore, a user can “forge” tokens on a smart phone, a solar powered Raspberry Pi, or a laptop computer.  In practice, an algorithm randomly picks one node to process all of the transactions and all other machines know this system is the sole transaction ‘forger’ – thus all other erroneous transactions can be discarded.  All machines participating in this ‘forging’ effort are rewarded according to the proportional amount of NXT they have; thus if you have 1% of the tokens you have a 1% chance of being selected to forge the next block.  Because the transactions nodes are known, this provides increased security, an estimated 90% of the NXT tokens must be controlled by one agent in order to compromise the network via a double-spend (e.g., 51% attack).21

I also corresponded with ‘Graviton’ who is the Nextcoin.org community founder.22 According to him, one of the motivations for why the core team decided to move beyond Bitcoin was, “there certainly seemed to be demand for a technically advanced cryptocurrency with a completely new codebase that puts away the requirement for energy expensive Proof-of-Work once and for all.  The environmentally green and attack resistant Proof-of-Stake algorithm, plus the important fact that NXT is not only a payment instrument but a new generation platform natively supporting a suite of services such as decentralized trading and encrypted messaging, seems to have filled gaps that were shining open wide with the existing old school cryptocurrencies.”

He is also looking forward to the deployment of a decentralized asset exchange as well as colored coin functionality on the NXT platform and believes that these will “become a popular standard for quite a bit of trading applications, for both – cryptocurrencies and assets denominated in them.  The rest of the industry will integrate seamlessly to that, so the distinctions between various crypto brands will start to dissipate.”  And like several other developers interviewed, “the killer app would be to have available the simplest possible means to pay for merchandise & services in fiat nomination but from one’s cryptocurrency wallet, to be able enjoy the fiat price appreciation with the same wallet, and to flip your wallet contents to another crypto with a push of a button.  Preferably on mobile.”

Ethereum

Another “2.0” project that is gaining traction is Ethereum, announced in January 2014 which brings together both a cryptoledger and a Turing-complete programming language.  In short, a Turing-complete programming language means that the language can be used to simulate any other computer language (not just its own).  The original Bitcoin protocol and software implementation released in 2009 included a language called Script that had many limitations (it was intentionally not Turing-complete) and as a consequence has largely been underutilized.  As a consequence, developers have had to try and use these duct-taped exoskeleton wrappers to build on top of the protocol to enable new functionality.  Many developers, including those with the Ethereum project, recognized this limitation and, rather than building and providing a specific feature set, will instead use a Turing-complete C-like language (CLL) that software developers can then use to build a cornucopia of tools, including any type of smart contract, asset management instrument or even a decentralized autonomous organization (DAO) that can then be automatically executed, controlled, and audited by the Ethereum ledger.23 While its approach is one of the most holistic thus far, its long-term success still requires a critical mass, mind-share and the network effect.

To find out more about Ethereum, I corresponded with Vitalik Buterin, head writer at Bitcoin Magazine and a lead developer on the Ethereum project.24 Because of the all-encompassing abilities “2.0” projects are slated to have, it could be confusing for developers to determine on which platform to initially build their apps, but that may not be the only hurdle.  In his view, “I would say the main challenge in the 2.0 space is going to be (1) building contracts, and (2) building interfaces. These have always been problems, of course, but up until now they have been eclipsed by other, larger, problems, like maintaining server infrastructure and scalability, ensuring security of funds, regulatory compliance and having banking relationships. With decentralized apps, most of those problems are gone, so the only two issues that still remain – contract design and interface design – are now at the forefront. The two problems can easily be handled separately; someone should be able to write a derivatives trading GUI and have that port over automatically to various systems inside of Ethereum, BitsharesX and whatever else people want to trade on.”25

Several other developers and investors I spoke with had similar sentiments: creating easy-to-use, intuitive interfaces for end-users would quickly set your product apart from the pack.  While there have been many advances, especially for merchant plugins, backing up and securing wallets can be quite cumbersome and even a chore to handle at times, stunting wider-spread adoption.26

Buterin had previously worked on both the Colored Coins and Mastercoin project.  While portable, both of these currently utilize the Bitcoin protocol, which has a couple of limitations.  In Buterin’s view, “one of the key features of Bitcoin is that it has a concept of “simplified payment verification” (SPV), where a Bitcoin node can verify the validity of a transaction in the blockchain by only downloading the very small subset of data in the blockchain that is relevant to that particular transaction.  Given that a “full” Bitcoin node now takes 14 GB of space to run, beyond the reach of many users, this mechanism has become an essential part of Bitcoin security. The problem with on-blockchain meta-protocols, however, is that they do not benefit from this protocol. The underlying Bitcoin layer has no way of knowing whether or not a given transaction is valid in the context of the meta-protocol, so the Bitcoin blockchain will include transactions that are both valid and invalid, and so the validity of a given meta-protocol transaction can only be calculated by recalculating the entire state of the protocol up until that point – requiring the full blockchain.  Ethereum solves these issues by not being a meta-protocol, instead relying on an independent blockchain.”

SPV is a type of thin client that provides Bitcoin users a lightweight method for sending and confirming transactions without having to carry around the entire database.27 It does this by downloading only the headers for all the blocks (i.e., the Merkle tree) and not the entire blockchain itself.  As a consequence, this flexibility enables Bitcoin clients to be used by point-of-sale registers that may not have enough space or bandwidth to continuously download the entire blockchain.  And at this time, as Buterin notes, the only way to completely confirm that a transaction based on Colored Coins or meta-coins like Mastercoin is valid is to re-check the entire blockchain.  This presents a significant obstacle to scalability.

When describing and defining what a “smart contract” and “DAO” are, it can be confusing at times because a robust smart contract is sometimes used synonymously with a DAO.  According to Buterin, “I would say there is no clear-line distinction between the two, but there are some general differences in connotation. To me, a smart contract is something that is single-purpose and ephemeral, so they are created for a specific task and can disappear at the end. A financial contract is a good example there. An autonomous agent is something that is more long-term focused, and includes an internal AI to make decisions. And finally, a decentralized autonomous organization is a long-term contract between many people, perhaps even with the ability for people to join in as signatories or trade their positions away, whose main role is to hold on to assets and use some kind of voting system to manage their distribution. There can be many different types of DAOs; the more basic ones live entirely on the blockchain, but more advanced ones might have some of their data stored on other decentralized networks or across a number of servers.”28

Throughout this manuscript, several of Mike Hearn’s presentations are referenced, including the Turing 2013 conference.29 While both Hearn and Vitalik Buterin use the same name, DAO, the definitions for what the term implies, varies.  In an email exchange, according to Hearn, “what Vitalik calls DAO’s are not quite the same as what I discussed in the Turing talk. I used to think they were the same, but on closer inspection he called Bitcoin itself a DAO so it’s obviously different.  Assuming you mean agents, there are so many challenges I doubt it will happen any time soon. Really you need trusted computing for it to work well and that won’t work well at least until Intel release CPU’s supporting their SGX extensions, which they didn’t even announce a date for.”

Trusted computing is a term for computers that can be controlled a certain way via encryption.  Many governmental agencies such as the US Department of Defense require that computers acquired by vendors have such functionality.  In September 2013, Intel released its programming reference manual for Software Guard Extensions (SGX) which could potentially create similar functionality in consumer-based systems.30

Throughout this guide I describe simple “smart contracts” with the assumption they do not have any sophisticated internal AI components.  Similarly I refer to relatively simple DAOs that wholly reside on the blockchain.  As programmers become more acquainted with decentralized software and the technology evolves and begins to be used in practical applications, it is likely the specific meaning of each term will be subject to change.

BitShares

This last point is viewed as a critical issue to other 2.0 project managers as well.  I had an email exchange with Daniel Larimer, the creator of BitShares, and the first person to describe Bitcoin as a Decentralized Autonomous Company (DAC).31 BitShares is a new way to view cryptocurrencies where you view your wallet balance as shares rather than coins.   According to Larimer, Bitcoin can be viewed as a DAC where each bitcoin represents one share in the Bitcoin ecosystem.  The transaction fees that Bitcoin charges can be viewed as revenue to Bitcoin and the mining rewards can be viewed as expenses paid by Bitcoin to secure the network.

Larimer decided to change the analogy from coins to shares so that the underlying economics could be considered when designing next generation crypto systems.   Based on this analogy, he sees several ways to improve Bitcoin when viewed as a company.  In his view, the driving principle is that all companies should generate profits by minimizing expenses while maximizing revenue from product sales.

In the case Bitcoin, the primary expense is security which is provided by an expensive proof-of-work (PoW) process described in chapter 2.  In BitShares systems all security is provided by proof-of-stake (PoS).  In his view, a PoS (which is also used in NXT) can be thought of as having the shareholders vote on the valid transaction ledger.  In this way those who own the system secure the system without having to spend increasingly larger sums of capital to do more work than any attacker can.  This last point was recently described by Nicolas Houy, a researcher at CNRS, stating, “Bitcoin miners have engaged in an arm race to computational power and in the end, much hardware, engineering and energy are used to solve mathematical problems that are artificially made extremely complex.”32 A PoS system is supposed to remove this artificially complexity and lower the capital costs for entry.

The other thing BitShares systems do, according to Larimer, is focus on increasing the value of the transactions that can be performed and thereby generating additional transaction fees.  Because there are no miners to pay, transaction fees can be viewed as profits for the system and these profits are used to buy back and retire shares.  This has the effect of increasing the value of the shares still in circulation.  It is economically similar to earning a dividend.  The value from the fees is transferred to the shareholders proportional to their stake.

The first BitShares system being developed by his team is called BitShares X which continues with the company analogy to implement the business model of a bank and exchange simply be defining a new set of transactions supported by the blockchain.  According to Larimer, one unique attribute about BitShares X is that there are no counter-parties, employees, vaults, or contracts and yet according to him, BitShares X facilitates the creation of BitUSD purportedly the same way that the Federal Reserve creates FedUSD: it lends it into existence backed by collateral.

BitShares X uses shares in the system as collateral to back BitUSD.  BitUSD can be thought of as an asset that you can sell for a dollar’s worth of shares in BitShares X.  Depending upon when you buy or sell your BitUSD you will get a different number of shares, but based on their initial model the purchasing power should be approximately a dollar.  And according to him, like Bitcoin where there are no issuers backing the value of a bitcoin, there are no issuers of BitShares X shares or BitUSD.  The entire system operates on nothing but a chain of numbers following a predefined set of rules enforced by the consensus of the network.

Larimer also believes that BitShares X is just one of many potential business models that could be defined entirely in software.  And while one of the challenges is finding developers with an understanding of both economics and consensus, yet other business models his team sees opportunities in include insurance, domain names, gaming, auctions, and voting.  Voting is another issue that other entrepreneurs in this space touched on, which is described in greater detail in the NGO segment in chapter 8.

I also spoke with Charles Evans, economic advisor with the Invictus-run BitShares project.  The way he looks at BitShares is that

“a share can be issued for agricultural commodities, like coffee, tea, cardamom, etc. If someone who grows a commodity that has a corresponding BitShare sees that the BitShare can be sold for more than it would cost to deliver the commodity, then the grower can offer, e.g., 100 kg of cardamom in exchange for 100 kg of BitCardamom, sell the BitCardamom on the open market, and ship the cardamom to the buyer.  Note that the BitCardamom is not “backed” by cardamom. It trades on a prediction market, in which players worldwide try to discover a single, global price for a fungible commodity. When someone with specialized local knowledge sees an arbitrage opportunity—here, simultaneously buying BitCardamom with a promise to deliver cardamom and selling the BitCardamom on the open market—that party can exploit the opportunity.  Instead of negotiating with local wholesalers, who might have information advantages over local growers, and relying on one’s own ability to haggle well, the grower can use a global information market as a guide.  Likewise, if the price of BitCardamom rose over time, prospective growers worldwide would be able to see the price and respond to the price signal.”

Counterparty

For perspective I had an email exchange with Ryan Orr, who is a professor at Stanford University (teaching Global Project Finance and Infrastructure Investment) and chairman at Zanbato.33 Orr has also been closely following Counterparty, which is the first functioning protocol layer fully integrated with the Bitcoin blockchain that supports peer-to-peer transfers of a coin called XCP.34 At the beginning of January the Counterparty development team announced that they had successfully released a working protocol including asset-backed issuance, betting, dividends, callable assets and the world’s first decentralized exchange.35

As the next few months will involve a race between Colored Coins, Mastercoin, and Counterparty as well as other non-blockchain equivalents such as Ripple and Open-Transactions, with each system bringing its new innovations, many outside commentators have expressed interest over Counterparty’s integration with the Bitcoin blockchain and execution to date.  “The fact that we have six serious competitors is a huge development for the entire segment,” says Orr, “The early days of this race will be about tech execution whereas the later days will involve regulatory finesse. The ‘value web’ (as opposed to the ‘information web’) is finally here.  The significance of these developments for the future of the field finance are gargantuan – what we are witnessing could be the equivalent of the invention of http on top of TCP/IP, and these are the protocols that are likely underpin the evolution of the value-web over the coming decades.”

In February 2014 I exchanged messages with one of the lead developers, who used the pseudonym “PhantomPhreak.”36 According to him, “Counterparty is a protocol, and a piece of software, that takes the technology underlying Bitcoin and extends it beyond simple payments, implementing a wide range of financial instruments.  It may be used to trade cryptocurrencies, create assets, make bets, and more, with all other Counterparty users, safely and anonymously, with no middleman at all.  It is built on top of the Bitcoin blockchain, so it can be very simple and reliable. It is being developed very quickly, and it has a large feature set already. Counterparty inherits all of Bitcoin’s security and reliability.  It is open-source, and its launch was entirely decentralised, as is the protocol itself.  And as its name suggests, implements a completely distributed, automatic and deterministic clearing house, so there is no counterparty risk to speak of in most transactions. Of course, if someone were to issue an IOU using Counterparty that he did not make good on, then the anonymous nature of the protocol would leave the slighted party with little legal recourse.”

This last sentence is of particular interest as it still shows a problem that is currently not solved in a decentralized manner, as Preston Byrne identifies in Chapter 2.  As this space matures, developers will need to learn how to structure smart contracts so they are legally and commercially useful.  How to enforce these clauses without an escrow-based DAO, without an independent mediator or without a reputation system (e.g., credit score) can and will be tricky but could be a business opportunity for experienced professionals in those segments who are looking to get exposure to the cryptocurrency sector.  One competing developer explained to me that, “Counterparty is way ahead of the game because their distributed financial system is deployed today.  In many ways, the team is reminiscent of Satoshi: they are people in our community who saw a problem with prior attempts and are fixing it.  All others are still spinning their wheels and really need to deliver functionality on which we can all explore further.  What’s more, proof-of-burn is a big commitment and raises the stakes for everyone. That’s why there’s so much development activity going on with Counterparty. The investors have to pull to make the coin work and they’re pulling hard.   They released alpha software and folks are losing money, but they’re shipping code updates daily which means the software is getting better and the markets more active. This is an exciting space and this level of competition motivates all of us to take it up a notch.”

Proof-of-burn (POB) is a unique turn on allocating “scarce resources” (tokens).  Whereas cryptocurrencies such as Bitcoin, Litecoin and Dogecoin use proof-of-work to allocate resources (e.g., a token), proof-of-burn requires that the miners (or any user actually) send their tokens such as a bitcoin to a provably unspendable address (a terminator address) where they are untouchable forever by any party.37 The first and only “burn” took place beginning on January 2, 2014 and lasted for thirty days – now all of the XCP that will ever exist have been created.  During that time, 2,130 BTC were effectively destroyed amounting to roughly $2 million in market prices (the actual repercussion was that all other holders of bitcoin saw a net gain in value by roughly 0.01%).38 Counterparty then automatically converted the “burned” token into its own unit, called an XCP resulting in no premine or foundershares.  It currently takes five XCP to create your own asset, the five are destroyed in the process as a spam control function.  While it is a controversial method, proof-of-burn does remove the human element from the equation.  That is to say, while other ‘”2.0” projects are typically funded by IPOs whose assets are then (usually) managed by a non-profit organization, because there is still a trusted 3rd party involved, abuse can occur.  That is not to suggest that any abuse is happening, but rather that Counterparty is re-solving the Byzantine General’s problem in a different yet mathematically similar, manner than what Satoshi did in 2008.39

“PhantomPhreak” also sees potential in other decentralized platforms, “I think that there’s a very good chance that so-called second-generation cryptocurrencies will “take off” in the next year or so. Bitcoin was a revolution, in a number of ways, and now it’s time for an evolution of the core concepts and paradigms that it introduced.  Computer science has to catch up with it, so to speak.  A secure, distributed blockchain can be used for so much more than simple payments: advanced financial instruments (a la Counterparty), messaging protocols (c.f. Bitmessage, Twister), etc.  Certainly the future of finance is more decentralised than the present, and the economy as a whole will have to change accordingly.”40

Bitmessage is a peer-to-peer protocol that allows users to send encrypted messages to anyone in a decentralized trustless manner (i.e., Bitcoin for messaging).41 Twister is an encrypted decentralized peer-to-peer microblogging application that uses both the Bitcoin and BitTorrent protocols to enable users to tweet and communicate anonymously.42 Other projects in this space are Bitcloud (decentralized cloud services), Maidsafe (decentralized dropbox and API platform) and SyncNet (decentralized web browser).43

In addition, he believes there are many applications that financial instrument designers could contribute to this space and in particular Counterparty, stating: “the most obvious possible contributions are simply new features.  Right now, for instance, Counterparty only has two different types of ‘bets’, namely simple ‘Equal/NotEqual’ bets and contracts for difference.  Counterparty, however, has the potential to implement very nearly the entire range of tools commonly available to professionals in the financial industry.  Of course, pretty much any developer could contribute a lot to the Counterparty project, which still has a relatively small codebase and an underdeveloped software ecosystem, simply by writing user-friendly interfaces, or algorithmic trading engines, for example, on top of the reference client.”

I also exchanged messages with “cityglut” who is another member of the development team.  In terms of business opportunities, it is his view that, “what cryptocurrencies in general and Counterparty in particular allow for that is arguably most significant is further decentralization.  I believe that businesses which capitalize on this aspect of Counterparty will have opportunities they have not had until now.”  As noted above, this project does have code that is shipped and is currently being used by the community at large.

He also sees that there are a number of areas of low-hanging fruit.  According to him, “in my mind the most obvious financial instrument that Counterparty is currently lacking is a real options function. Counterparty allows for binary (Equal/NotEqual) bets and the creation and (distributed) sale of assets, and I believe that a combination of these functions could create a full-blown options function, but it may well be that in Counterparty’s current implementation this is infeasible.  Even if an options function can’t be built from Counterparty’s extant functions, it seems to me both possible and desirable to implement options in Counterparty in some way.”

Yet there are challenges too, “It is precisely Counterparty’s brand new functionality that entails greater necessary due diligence on the part of users. Since anyone can make an asset, and anyone can publish a broadcast upon which to bet, users must do what they can to make sure the asset they are purchasing is legitimate, and that the broadcast upon which they are betting has not been “tampered” with.  In an effort to facilitate the former, we have recently implemented a description space for every asset: issuers of assets can include up to 42 bytes (in UTF-8) with each issuance, describing the asset being issued. Regarding broadcasts, aside from the financial incentive feed-operators have to stay honest (namely, collecting betting fees), we imagine that an – albeit informal – reputation system will naturally evolve, helping users to decided which addresses’ broadcasts to bet on and which to avoid.”

This secondary attribute, a type of descriptive space is a feature that many of the other platforms are trying to enable in order to organize and manage different types of assets.  The issue involving reputation is also a theme repeated by many other investors, developers and experts and one that a DAO escrow could potentially resolve.

Open-Transactions

Chris Odom is a cofounder and CTO of Monetas and the lead developer of Open-Transactions (OT).44 Open-Transactions is an open-sourced digital software suite that utilizes current technology to enable trustless financial cryptographic interactions through privacy features such as blind signatures.  It is also portable and ledger agnostic allowing developers to bridge its applications to other cryptoledgers.

Many outside investors and businesses frequently ask Odom a theme on the same question, what business solutions can be developed for this segment?  Yet according to Odom, “asking what profitable business opportunities there are for crypto currency is the same as asking that question for the Internet in general. It is extremely broad in scope.  I think we are talking about a transformative invention, comparable to electricity, computers or the Internet.  It’s going to create all new spaces, and it’s also going to transform all existing sectors.  While Open-Transactions currently is integrated with Bitcoin, it is ledger agnostic because it is a financial crypto library, similar to how OpenSSL is a communications crypto library.  In terms of immediate opportunities, we have some bounties posted on CIYAM.org/open.  However, people should definitely be aware of risks.  Cryptocurrency can be used in legal and illegal ways, so it’s not the currency itself, so much as how you use it.  You just have to watch out for regulatory compliance issues, and if those get too onerous, you have to look at moving your company to another country.  Some countries are less free than others.  For an investor I might also point out some of the unique propositions of OT, one being its ability to operate in a low-trust way, that it is federated.  And that it’s also able to fill the gap and do the things that all the other servers do in the Bitcoin world like the MtGox server, or the BitStamp server, or any of these Bitcoin services that use a server.  Any of them could be replaced in a lower-trust fashion, using OT at least, using OT as the financial engine, not necessarily the web GUI pieces.”

One advantage that Open-Transactions has over conventional blockchains which have algorithmic delays, is that because it uses known servers, Bob can trade near instantaneously.  Whereas confirmation of bitcoins, bitshares and other blockchain based instruments are measured in minutes, users can only execute trades in those intervals as well.  And if you can put OT on a distributed database, in theory that means you can have cryptocurrencies that confirm instantly without centralized control as well.

Ripple

Ripple, commercialized by Ripple Labs, is a payments protocol that acts as a payment platform, decentralized currency exchange, and smart contract network that can be used with any digital currency, including Bitcoin.  Ripple provides a solution for implementing an asset cloud via “trusted” gateways.4546 At scale, Ripple or Ripple like systems provide instant liquidity and exchange between counter parties, where there can be a trustless exchange between 3rd parties, and those 3rd parties can decide where their exchanged assets will settle within the network, such as any gateway who provides redemption for the represented asset.  In addition, unlike other payment platforms that use variants of proof-of-work, it uses a consensus ledger which is distributed to a global network of servers.47 These servers continually receive transactions and proposals from other servers on the network and these are compiled into a “Unique Node List” (UNL).  Proposals from servers not in the network are discarded while those remaining are vetted and algorithmically “voted” on by the servers.  Once a consensus (defined at 80% agreement on what transactions are legitimate) is reached, the server validates the proposals and closes the ledger, creating a “last closed ledger” (similar to a block).  The process then repeats itself.  This process takes roughly five to fifteen seconds allowing quicker transactions than nearly any proof-of-work system today.  Altogether its network processes roughly $20 million each month from approximately 68,000 user accounts.48

Beginning last year, Ripple Labs created an initial money supply of 100 billion XRP which was predetermined to be enough to last for hundreds of years.49 The designers of Ripple realized they had a problem if someone wanted to flood the network with useless transactions, which is the currency equivalent to spam.   To this the network charges a transaction fee which permanently deletes 3 “drops” of XRP.  Each drop is equivalent to the smallest possible amount of XRP, thus .000003 per network transaction cost.  A drop is equivalent to the Bitcoin “satoshi” the smallest possible unit of BTC which is .00000001.  As of this writing more than 3,500 XRP have been permanently removed from the network.

According to Jon Holmquist, an early Bitcoin adopter and Community Liaison at Ripple Labs, “beginning 15 years ago a merchant could create a webshop in 10 minutes and attract visitors from around the globe.  Yet, they could not easily pay for the merchandise until 5 years ago.  With the development of cryptocurrencies such as Bitcoin, consumers can now use money without borders.  However one of the biggest issues today is obtaining bitcoins especially when you reside in an economically depressed region.  Ripple lets you exchange and obtain whatever currencies you want to use.  As Ripple continues to build partnerships, the network creates a self-reinforcing positive feedback loop that takes care of itself.  As a consequence, because Bitcoin has gotten a lot of push behind it, it is possible to have a fiat exchange in every country which then allows customers to finally purchase from any country, with their own currency.”

A math-based currency is a term often used by members of the Ripple Labs team to describe the concept of “programmable money” – that is to say, virtual tokens that are mathematically constrained by algorithms and difficult if not impossible to forge.5051 The Ripple payment system works alongside Bitcoin by enabling users to use XRP, a token, to represent certain financial instruments (like currencies) which can then be instantly transferred globally and exchanged for Bitcoin and then a fiat currency.

Both XRP and the Ripple protocol can be leveraged in other ways as well.  Steve Bennet, a finance professor at San Jose State University and an angel investor with CrossCoin Ventures which is a new business incubator partnered with Ripple Labs, points out that the project has “built a new incubator which will later become an accelerator focused on building out the Ripple ecosystem.52 Currently we are focused on attracting Bitcoin-related companies which can leverage the Ripple platform to provide new value to customers globally.”  Bennet’s team (including Ryan Orr mentioned above) plans to work with both new startups and existing companies, provide them access to Ripple’s management and even exchange Ripple for a percent of equity much like several other “2.0” projects have done (e.g., Mastercoin, NXT).  His vision is to leverage the incubators’ resources (e.g. networking, mentoring, legal) and help the incubated teams focus their energy on providing value-added services to a broad array of consumers who are unfamiliar with cryptocurrencies.

I also spoke with Stefan Thomas, co-founder of WeUseCoins, creator of bitcoinJS and CTO of Ripple Labs.  In his mind, “the easiest way to describe Ripple right now is that it is a FOREX platform that removes most intermediaries and does so in a matter of seconds.53 And because you reduce the total amount of fees that are charged from the remittance process, this provides thinner spreads for users who traditionally have had to worry about currency fluctuations.  That is to say, in the past, it could take hours or days for funds to move across borders whereupon the value of the currency could decrease.”  Yet as noted above, Ripple’s platform is nearly instantaneous and powered by a distributed network of ledger “processors” (slightly akin to “miners” but requiring very little infrastructure) and gateways.

And according to Thomas, “while processor nodes do vote and verify the ledger integrity to prevent forgery and double-spending like a blockchain, these processors are unlike the “miners” used in blockchains because of the way the light-weight method consensus is determined which requires substantially less infrastructure (e.g., no need for ASICs or GPUs).  Consensus of the ledger is done through a peering method; similar to how peering with trusted nodes works with internet providers.  The ledger itself is a bundle of digitally signed data transactions which is sent through the network and voted upon by client peers (nodes).  These nodes poll one another to see which transactions came first, the ones that are determined to be false or illegitimate are discarded and all others are included in a verified ledger state that is then considered closed.  This entire process takes between every 5 to 15 seconds and nodes that become unreliable with spam are then ignored by peers.  The reason the timing is not a fixed rate because transaction bundles not only vary by size (e.g., consumption by consumers does not happen at a unison, flat rate) – and it also illustrates how data itself is processed globally through current public infrastructure.  In contrast, the reason that Visa is slightly faster is that they use private centralized nodes which requires significantly more overhead and capital expenditures.”

“Gateways are the actual organizations that move assets in and out of the Ripple network.  They can range from single-individuals to large banks.  Users establish trust lines with gateways which can be located in any part of the world, providing liquidity into nearly any local currency.  A unique feature about gateways is, that while they may be a single-point-of-failure in the traditional sense, users can still route around censored nodes.  Furthermore, gateways cannot appropriate the assets of one specific user: either they default for everyone or none at all.  So for example, Bob can create a debt line with Alice who is trusted party, a gateway.  Gateways live by reputation, so they have an incentive to fulfill their obligations.  Bob can then exchange a local currency with Alice for IOUs (XRP) with which Bob can then send to any other gateway and convert XRP into the local currency.  This can be done in a matter of seconds, which is significantly faster than any blockchain-based system, yet is actually more secure (51% versus 80%).”

Ripple Labs refer to their technology as a ‘value web’, an ‘Internet for money’, and ‘http for money.’ Existing financial institutions could serve as gateways today by establishing ‘trust lines’.  The gateway system enables financial institutions to exchange value in the form of digitized assets (e.g., commodities, fiat currency).   For instance, Bob’s Bank of Buffalo could set up a gateway and trustline with Alice’s Agriculture Bank in China.  Bob could provide USD liquidity to Alice and Alice could provide RMB liquidity to him in a cheaper and quicker manner (between 5-15 seconds) than existing wire services which could take days and charge relatively high fees.  Ripple acts as trusted ledger for all participants, yet cash balances must be settled outside of the Ripple protocol.  XRP is the only currency native to the network.

Thomas continued with, “another competitive advantage that the Ripple protocol has over others in this space is that our code uses the smallest amount of trusted code base, basic OP codes which provide the most secure assembly code to which to build from (e.g., interacts directly with the iron, with the metal of the semiconductors).  Thus the native software client is less vulnerable to exploits that occur from building above with other higher-language layers.  And over the past two years we have open-sourced a significant amount of codebase including the protocol to the public.  This in turn has led to further refinements and security fixes.  In addition, we are continually looking at ways to expand the protocol’s use, making the ledger essentially a database that will allow for the transaction of smart contracts.54 And because this network is slightly more efficient than most other platforms, this allows for new innovations to take place down the road.”  This contract-based system will be Turing complete and include two-stages, the first of which is non-deterministic which enables contracts to interact with real-world protocols such as DNS and HTTP and also allows users to include language interpreters and reference libraries.

“This space is rapidly evolving; for instance, the original Bitcoin client was much more cumbersome than it is today.  For beginners it used to take 24 hours to download the blockchain and confirm transactions.  Now there are numerous projects each of which trying to provide value-added services and this competition is pushing us to look at new ways to innovate, such as peer-assisted key derivation function (PAKDF) – a mathematical way of utilizing blind signatures.55 One of the user-adoption problems in this space is that it is hard to memorize long secure passwords and frustrating for new users to learn how to securely save passwords on disk drives.  In contrast, PAKDF will allow Alice to use relatively weak passwords that can be sent to Bob who will sign something (e.g., a contract) without knowing and therefore unable to break Alice’s password.  This is called a blind signature which adopts a form of homomorphic encryption and we are integrating into Ripple.”56

Whereas a user would need to memorize a long passphrase, this specific application of securely signing a password could lead to ease-of-use for end-users.  In a nutshell, a blind signature scheme “allows a person to get a message by another party without revealing any information about the message to the other party.”57 The analogy typically used to describe how this worked is, Alice places a message inside a carbon lined envelope.  This envelope is sent to Bob, who cannot read or see any of the information, but can sign on the outside of the envelope, which imprints the signature on the carbon inside the envelope.

Current Cryptoprotocol Infrastructure

current cryptoprotocol infrastructure

This Euler diagram shows two main systems, those currently part of a cryptoledger and those that are not, which in this case is solely Open-Transactions (OT).58 As noted earlier in the chapter, OT works by connecting its OTX protocol to other services (much like SSL does with other databases) such as Bitcoin and is therefore ledger agnostic.

Within the cryptoledger diagram are essentially two other distinctions, those that use a blockchain and those that use a consensus ledger.  At the time of this writing only the Ripple protocol uses a consensus ledger.   When it was first created, Namecoin was also originally its own independent blockchain but the mining process has since merged with the Bitcoin ledger.  The other independent blockchains above are Litecoin, Dogecoin, NXT, BitShares and Ethereum.   At the time of this writing, the Ethereum team has not settled on which system it will use – it may use a hybrid approach similar to what Peercoin has done (proof-of-work and proof-of stake).

Proof-of-work (PoW) involves a network of mining machines as originally employed by Bitcoin in 2009.  Computers are given a series of increasingly difficult benign math problems which they complete as a way to stave off rogue attackers.  In this example above, Litecoin, Dogecoin, Namecoin, Bitcoin and potentially Ethereum use a proof-of-work method.

Proof-of-stake (PoS) is different in that the transaction node for a block is randomly assigned and all network participants communicate directly with it.  One advantage to this approach as it reduces the amount of hashing power needed to secure the network.  At the time of this writing, only NXT in the above diagram uses a pure PoS method; Peercoin uses a hybrid and Ethereum may also use a hybrid as well.

Proof-of-burn (PoB) is a unique method that has only been used thus far with Counterparty; a user sends a token (a bitcoin) to a provably unspendable address (a terminator address).  The largest benefit of using this approach is that it removes the need to have a trusted party or a custodian to look after “IPO” assets.

The inner red diagram illustrates the smart contract features described in this chapter.  While the Bitcoin protocol could conceivably utilize such contracts, the functionality has not been ‘turned-on’ by the development team (version 0.9 will allow for 80-byte hashes that could include a hash of a distributed contract).  While there are multiple different platforms that will offer such functionality, a stop-gap solution based on bitcoinJS (a Java-implementation) is being developed by Bitpay called bitcore and is described in chapter 7.  Other platforms that can or will shortly allow smart functionality include Colored Coins, Mastercoin, Counterparty, NXT, BitShares, Ethereum and Ripple.

Projects that are being built on top of a blockchain include Colored Coins, Mastercoin and Counterparty.  Both Colored Coins and Mastercoin work exclusively with Bitcoin’s blockchain, and while Counterparty does as well, other projects such as Peercover (discussed in chapter 5) have enabled Counterparty’s currency to bridge with Ripple’s network.

While Ethereum and Ripple are categorized as being the only Turing-complete platforms above, it should be noted that Ethereum has not yet shipped but is expected to in the next six months.  In addition, developers with NXT and BitShares expect to include similar robustness if not full Turing complete functionality at some point in the future.59

One large category that is not distinguished in the above diagram is that of “altcoins.”60 Strictly speaking, anything that is not Bitcoin is considered by early adopters as an altcoin.  Thus everything but Open-Transactions in the diagram is considered by some, as a type of altcoin.  However, this devolves into individual preferences and politics, so it is best ignored.

  1. Numerous proposals have been submitted by core developers to improve the functionality; one common analogy used is that Bitcoin core development right now is trying to upgrade the original Wright Flyer to a Boeing 787 without landing.  While many advocates want Bitcoin to be an answer to all payment problems, these limitations likely impair it beyond the role of store of value and remittances.  See chapter 6 for more on remittances and chapter 8 for payment processing details.  See also Hardfork Wishlist []
  2. Bitcoin Core Development Falling Behind, Warns BitcoinJ’s Mike Hearn from CoinDesk []
  3. See The Bitcoin malleability attack graphed hour by hour by Ken Shirriff and Ripple Labs Chief Cryptographer David Schwartz Talks About Malleability In Bitcoin from Newfination []
  4. There are other projects currently under development such as eMunie or even released such as Freicoin. []
  5. Colored Coins []
  6. Chroma Wallet []
  7. Losing the private key to a smart contract (or Colored Coin in this example) could be problematic.  Currently bitcoins are still being lost and stolen despite awareness of web-based wallet vulnerabilities.   If security does not improve, growth might be difficult for smart assets. []
  8. eToro []
  9. Counterparty.co []
  10. See Reality Keys: Bitcoin’s Third-Party Guarantor for Contracts and Deals from CoinDesk and a slightly different idea but in a similar segment, RealityShares []
  11. BitcoinBusiness []
  12. The Mastercoin protocol supports the OP_Return function.  One way the user-defined assets are tracked in the Bitcoin blockchain is by sending a certain amount of satoshis (5430), just above the dust limit.  Note however, that the dust limit was originally announced at 5430 but was subsequently discovered to be 5460 which may impact some mastercoin transactions. See Dust limit defined as 5460 satoshi instead of 5430 in Bitcoin core at github []
  13. How is this functionality achieved?  There is not any ‘syncing’.  Nothing is every ‘synced’ with any blockchain.  Mastercoin does not use ‘OP_RETURN,’ though it plans to add support for it eventually. Counterparty supports `OP_RETURN` now, but it cannot really be used until Bitcoind 0.9 comes out.  Both Counterparty and Mastercoin support using multi-signature transactions to store data in the Bitcoin blockchain.  Just to clarify one misconception, there is no such thing as the ‘0.9 protocol’ — there is a 0.9 Bitcoind.  Also, Bitcoind uses LevelDB and Counterpartyd uses SQLite3. []
  14. $1 Million-Plus in Prizes, Contracts at Texas Bitcoin Conference Hackathon from MarketWired []
  15. BitAngels []
  16. See NXT :: descendant of Bitcoin from Bitcointalk and What is NXT? []
  17. There’s a £60m Bitcoin heist going down right now, and you can watch in real-time from NewStateman []
  18. There are ways that peers could be compromised vis-à-vis Sybil attacks.  See Establishing the Trustworthiness of Nodes without External Tokens (eg Passports) and Selfish Mining: A 25% Attack Against the Bitcoin Network by Vitalik Buterin []
  19. Personal correspondence, Nextcoin.org []
  20. NXT – Proof of Stake and the New Alternative Altcoin by Adam Hofman []
  21. The potential for such an occurrence is being argued in academic literature; see It Will Cost You Nothing to ‘Kill’ a Proof-of-Stake Crypto-Currency by Houy Nicolas.   A state agent, under the direction of a central bank and simultaneously uninterested in seeing their assets appreciate in value could conduct such an attack.  Otherwise it would likely be cost prohibitive for nearly any other value investor.  In addition, Nicolas’ argument is problematic in that it requires sufficient liquidity, that is to say even if the state actor would be willing and able to spend any amount of funds to acquire the tokens, he or she would still need to induce liquidity to participants holding 90% of the tokens. []
  22. Personal correspondence, February 25, 2014.  See also Interview with Graviton, Nextcoin.org Community Founder from Cryptocoinsnews []
  23. Satoshi Nakamoto recognized this shortcoming but deliberately chose to use Script to mitigate potential abuses (e.g., infinite loops freezing the blockchain).  One reviewer of this manuscript mentioned that developers should also realize that hypothetical constructs like a DAO essentially involve coding organizational law into programs.  While this may sound easy, law was built to enable release valves of forgiving judgment.  Code is not forgiving.  Thus if something happens in the real world, even the simplest unforeseen effect could derail an otherwise streamlined exchange process. []
  24. Bitcoin Magazine []
  25. For an example of Ethereum sub-currency contracts see this video from Joel Dietz and Joris Bontje.  See also Writing a Contract in LLL by Gav Wood []
  26. I have a friend who used the following method to generate bitcoin addresses and store the keys: 1) in offline mode store the private/public key pairs on USB sticks with Truecrypt partitions, with paper as backup (encrypted and printed out).  To a certain extent this mirrors what Coinbase does.  2) To reduce the chance of vendor back-doors, each of these drives should be different brands bought from different locations.  3) To generate the actual keys you have to deal with the issue of true randomness, plus not leaving any reproducible trace (e.g., logic stored in cache or writing on carbon-copies) thus an individual could buy a dozen non-loaded dice and use this to generate private keys.  4) For users who might be suspicious of the entropy coming from the Linux random number generator (RNG) you could randomly mash the keyboard, turn on the webcam and simultaneously run commands and programs from the start menu to generate some additional entropy.  5) Then use an air-gapped laptop with a freshly boot distribution of Linux. Here in particular you have to be careful as you would need to only use an in-memory distribution (e.g., boot from thumbdrive), because a user does not want the private keys cached anywhere at all on disk.  6) In addition a user would also want a distribution which will work with a standard USB printer for printing purposes because you never want the private keys to go over the wire. []
  27. See Scalability and Thin Client []
  28. Vitalik Buterin has recently written several more article detailing what he thinks DAOs can and cannot do, see: DAOs Are Not Scary, Part 1: Self-Enforcing Contracts And Factum Law and DAOs Are Not Scary, Part 2: Reducing Barriers []
  29. See Mike Hearn, Bitcoin Developer – Turing Festival 2013 video []
  30. Intel SGX for Dummies (Intel® SGX Design Objectives) from Intel []
  31. Invictus Innovations is leading the development of BitShares; whitepaper []
  32. CNRS is part of Groupe d’Analyse et de Théorie Economique.  See The economics of Bitcoin transaction fees by Nicolas Houy []
  33. Zanbato []
  34. While a completed technical white-paper has not been released, the development team has published The Counterparty Protocol []
  35. They had successfully released ‘callable assets,’ stating that, “Assets are now callable, if they are set to be so upon first issuance. An asset may be able to be ‘called back’ by its issuer at a fixed price from a particular date.” See Counterparty Protocol, Client and Coin (built on Bitcoin) – Official from Bitcointalk []
  36. Personal correspondence, February 4, 2014 via Bitcointalk []
  37. This terminator address is based on Vanitygen.  Based on known computational technology it would purportedly take 93,215,140,000,000,000,000,000,000,000,000 years to generate the private key to 1CounterpartyXXXXXXXXXXXXXXXUWLpVr with an i5 processor.  For critics who claim that the Bitcoin network is insecure, they could prove their skepticism by trying to generate the private key to that address.  See also Wallet security: why only 128 bit for secret seed? from Ripple []
  38. See I burned BTC through blockchain.info, how do I access my XCP? from Counterparty.co and the exact address was 1CounterpartyXXXXXXXXXXXXXXXUWLpVr.  On the first day a user would receive 1500 XCP for 1 BTC.  By the end of the fundraiser, it was 1000 XCP for 1 BTC.  Ultimately 2,648,756 XCP were created in total. []
  39. See Paul Bohm’s detailed explanation of this mathematical problem. []
  40. Personal correspondence, January 29, 2014 []
  41. See Bitmessage and Bitmessage Sends Secure, Encrypted, P2P Instant Messages from Lifehacker []
  42. See Twister and Out in the Open: An NSA-Proof Twitter, Built With Code From Bitcoin and BitTorrent from Wired []
  43. Maidsafe, SyncNet, Bitcloud and Bitcloud developers plan to decentralise internet from BBC []
  44. Monetas and Open-Transactions []
  45. While the XRP are centrally issued, the gateways are distributed.  The process for being a gateway for a ‘coin’ generally works as follows: 1) announce you are issuing a coin, 2) anyone can “trust” you for the coin, 3) accept the real coin, 4) make a Ripple payment for the coin.  Thus you can create fully backed precious metals on the Ripple network.  Ripple itself does not send USD, EUR, CAD or other currencies. It actually sends IOU’s for these currencies which must be redeemed by specific issuers who are acting as “gateways” into and out of the legacy banking system. []
  46. One way to audit and verify if a 3rd party gateway (and exchanges in general) is not running a fractional scheme is to implement a ‘proof of reserves’ process Greg Maxwell recently proposed.  Another option that could happen is that exchanges may hire independent auditors in order to become covered by insurance; these audits could then be posted.  An unnamed insurance company purportedly provides services to one Bitcoin vault called Elliptic, which protects against a failure in a business’ storage methods, with customers opting for a “liability limit” for how much they want covered.  Another idea being discussed is some sort of FDIC-like insurance.  A company in beta called Inscrypto, which is located in Boston, claims it will be a “privately funded, decentralized version of the FDIC,” to help you “reduce or completely eliminate the risks of owning bitcoin.”   It is likely that following the Mt. Gox bankruptcy, many exchanges will seek such independent measures and likely have an incentive to do so (e.g., satiate consumer demand, provide transparency as a precursor to being acquired in the future).   See also Proving Your Bitcoin Reserves by Zak Wilcox, Bitcoiners Demand Greater Transparency in Exchanges from Cryptocoinsnews, Audit Report: Transparency and Accountability from Coinkite, After the Mt. Gox fiasco, calls for regulating bitcoin from Pandodaily and Will Bitcoin’s Libertarians Pay for Private Deposit Insurance? from BloombergBusinessweek []
  47. Introducing Ripple by Vitalik Buterin []
  48. See Making Money from Technology Review and Ripple Charts []
  49. Ripple credits []
  50. Chris Dixon of Andreessen Horowitz was one of the first persons to use that term.  Naval Ravikant founder of AngelList popularized the term “programmable money” which has a similar meaning.  See Real money starts to pour into math-based currencies like bitcoin from Quartz and Inside Bitcoin, The Programmable Currency For Our Digital Future from TechCrunch []
  51. A successful double-spend attack could be conducted against a proof-of-work-based algorithm if 51% of the hashrate is controlled by a malicious agent; and a similar attack is theoretically able to successfully take over a proof-of-stake if 90% of the token is controlled by one agent.   But there are many ways to recover from it (e.g., hardforks) and this topic has filled countless volumes already.  Yet, for an objective view on this matter of network attacks, I asked Nick Szabo (Personal correspondence, January 25, 2014), who had some original insights about how to prevent and mitigate this issue:

    “One contingency is to have a bunch of different cryptocurrencies around […] and if one gets successfully attacked users switch to another. We already have enough cryptocurrencies around for this purpose, but this doesn’t help the people holding Bitcoin or who’ve made other Bitcoin-specific investments. And there are substantial costs in switching to a new cryptocurrency, and such a crisis might persuade many merchants to give up on cryptocurrencies generally rather than switch.

    A practical means of disaster preparedness is for a number of independent engineers and auditors to keep copies of the block chain, as up-to-date as possible, even if they aren’t participating as a miner or mining pool. Just the fact that a few good engineers have up-to-date copies of the block chain should be enough to dissuade most 51% attacks. 51% is enough to persuade the cryptocurrency algorithms to believe a lie, but it’s not enough to persuade engineers (or auditors with suitable tools) who manually inspect the block chain, if the payor or payee who’ve been blocked or defrauded resend the original payment instructions directly to those engineers. Of course we don’t want to rely on such a manual process in the normal course of business, just for dire contingencies.

    In the event of a 51% attack there is a fork in the block chain, and the job of these engineers or auditors would then be to persuade users to use the minority but correct block chain and exclude the incorrect majority. It would be expensive but doable. Not something you want to normally see happen.

    Another way to put it is if there is a 51% attack we have to fall back on methods of ensuring integrity that, like the traditional financial system, are manual and expensive, and the big cost savings from the automated security are temporarily lost.  You might call this [ad hoc solution] “proof by engineer,” which would be replacing proof-of-work in the temporary emergency for the purposes of the transactions being disputed in the block chain fork.” []

  52. CrossCoin Ventures []
  53. The way the current system is setup, remittances and funds sent abroad go through multiple institutions via ‘correspondent accounts’ or ‘correspondent banking.’ []
  54. Ripple Developer Conference 2013: Future Focus of Our Engineering Team presentation by Stefan Thomas []
  55. Peer-Assisted Key Derivation Function (PAKDF) by Stefan Thomas []
  56. See What is Homomorphic Encryption, and Why Should I Care? by Craig Stuntz, Blind Signatures for Untraceable Payments by David Chaum and Untraceable electronic mail, return addresses, and digital pseudonyms by David Chaum []
  57. Blind Signature Scheme by Asanka Balasooriya and Kelum Senanayake []
  58. I designed it with Creately; the image is released under Creative Commons 4.0 Attribution license. []
  59. A Turing-complete solution proposed by NXT is to use the Automated Transaction Specification []
  60. Another category that was not highlighted is the proof-of-work algorithms: both Bitcoin and Namecoin are SHA256d based and Litecoin and Dogecoin use Scrypt. []

Chapter 2: Smart Contracts

[Note: below is chapter 2 to Great Chain of Numbers]

“Setting something in stone” is a common phrase used to describe permanence of a promise or obligation.  While there are numerous historical and sacred texts that deal with justice, tort, and commerce, one example illustrating the confluence of permanence and clearly defined obligations etched in stone comes from Mesopotamia.  The Babylonian Code of Hammurabi dates back to roughly 1772 BCE and consists of 282 laws.  While the famous “eye for an eye” (lex talionis) is inscribed on surviving clay tablets, roughly half of the code deals with contracts involving payment of wages, rent and liability for damaged property.  Other clay tablets from Mesopotamia record interest-bearing loans and debts.  While the interpretation and enforcement of these obligations is a matter of speculation and historical restoration, the human endeavor to codify duties and responsibilities is a never-ending story.

A more recent example, contrary to common belief, Samuel Goldwyn actually said, “his verbal contract is worth more than the paper it’s written on.”1 Yet either way it is stated, Goldwyn’s oft misquoted catch phrase illustrates one of the core issues that continually impacts property law and rivalrous resources: how to create clearly defined terminology, guidelines and terms of service in a reliable way.

In 2006 Nick Szabo, the progenitor of the idea of cryptographic contracts, compared humankind’s current analog spectrum of decision making to a digital system to describe the differences between “wet code,” which is interpreted by human brains and “dry code” which is interpreted by computers.2 In contrast to the seemingly binary logic of machine language, even though contracts, rules and regulations may be written by ostensibly objective parties, they must still be interpreted and enforced by yet another party or parties of humans.  And as a consequence stipulations do not always go as they were originally delineated.  This may change however as Szabo also described how computer programs have been and will continue to slowly edge towards mastering different niche domains that reach farther into “wet code” – into the human realm of nebulous obfuscation, fickleness, inconsistency, and abuse.  This is the subject of disagreement in this manuscript and will likely continue to be in the near future.

What is safe to say is that smart contracts and cryptoledgers are not a silver-bullet panacea solving ambiguity in human interactions beyond the reach of the algorithms.  According to its latest biannual arbitration scorecard, The American Lawyer’s 2013 survey highlighted 165 treaty arbitrations and 109 contract arbitrations involving $121 billion in disputes, a record.3 Similarly, Fulbright & Jaworski publish an annual Litigation Trends and Survey Report in which they survey senior corporate counsel regarding various aspects of litigation and related matters.  In the latest survey they found that contract disputes in the US (44%) and UK (57%), remained the largest type of litigation pending against their company, followed by labor and employment disputes.4 Aside from the famous fabricated contract from Paul Ceglia, few contractual disputes involve tampering of the actual contract in the developed world – more often than not the agreements are certain and the facts, or its meaning, are in dispute.5 But as discussed below, smart contracts encompass the wider spectrum of formalized agreements, such as financial instruments (synthetic assets) or codified representations of value (e.g., tokens).

Automation in commerce is increasing daily.  With the advent of NASDAQ in 1971, electronic securities exchanges have traded shares of stocks, bonds, and other instruments on a daily basis and in some cases continuously for twenty-four hours a day.  This digital creation was made despite the fact that then-contemporary paper-based exchanges capable of trading similar instruments have been in use at least since the founding of the Dutch East India Company in 1602.6 While there are numerous reasons for why the NASD built it, the primary motivating force for electronic exchange in general is that it provides users with faster logistical and organizational efficiencies, much like electronic mail does  compared with its analog counterpart; while simultaneously removing numerous intermediaries, middle men and 3rd parties though often they interpose new ones. While there are still hardcopies of securities (e.g., a share register) that in some cases must be maintained and on-file with governmental and corporate entities, in reality the instruments on all modern exchanges are just electronic bits that are representations – abstractions of various contractual obligations, conditions, and terms of service in the real world.

A smart contract is a proposed tool to automate human interactions: it is a computer protocol – an algorithm – that can self-execute, self-enforce, self-verify, and self-constrain the performance of a contract.789 Whereas Bitcoin and its direct progeny are referred to as the “1.0” generation, as shown below, contracts, on “2.0” platforms – the next generation of cryptocurrency, are able to enforce themselves.10 They do not have a physical enforcement arm the way legal contracts do.11 Rather, because they embody complex contractual relationships in computational material, they move certain defined asset(s) automatically under certain conditions.

Twenty years ago, Nick Szabo used a specific name for some of these instruments: synthetic assets.  Synthetic assets, in his words, “are formed by combining securities (such as bonds) and derivatives (options and futures) in a wide variety of ways. Very complex term structures for payments (i.e., what payments get made when, the rate of interest, etc.) can now be built into standardized contracts and traded with low transaction costs, due to computerized analysis of these complex term structures.”12 Today, both lawyers and software programmers have the ability to create these types of instruments.

Although some may have attempted to build a priori-based arguments against using such digital representations, post 1971, a fortiori, it has become clear that scarcity (a rivalrous asset in the economic sense) and value need not be solely represented by physical phenomena.13 And while each individual has his or her own subjective valuation, some currently see that there is potential utility or even speculative value in holding, using, and trading these electronic financial instruments.

In Cryptoledgers We Trust

Decentralized cryptoledgers are another refinement and evolution of Szabo’s ‘wet-to-dry’ system.14 Paper-based ledgers and electronic ledgers are typically held and maintained by 3rd parties such as banks or clearing systems; these entities create a “trusted” environment that, the argument goes, could be abused and manipulated by human elements (e.g., changing content, destroying records, double-spending) and imposes considerable cost.  When you trust a 3rd party, you are exposing yourself to the malfeasance of that 3rd party.

In November 2008, Satoshi Nakamoto – a pseudonym for one or several individuals – released a white paper that, for the first time, detailed a method for using a decentralized, encrypted software-based ledger that solves these 3rd party abuse and vulnerability issues. That white paper gave rise to Bitcoin.15

In contrast to the existing methods, argued Nakamoto, a decentralized cryptoledger called the Bitcoin protocol can serve as the sole middleman.  As an algorithm the protocol is unbiased and capable of auditing, authenticating, validating, approving, and transferring integer values along a ledger that is distributed to tens of thousands of computers (called mining machines) that are located around the world.  These computers run an open-source program that provides all of these aforementioned functions and they are rewarded for their work (seigniorage), by the provision of an integer value, a virtual-only token called a bitcoin (sometimes referred to as a “cryptocoin”).16 The Bitcoin ledger also has other potential uses that have not been fully utilized such as the ability to manage smart contracts or any instrument, asset or token that can be arithmetically encoded into software.  In fact, the upcoming version 0.9 release of Bitcoin will provide room in the ledger for each transaction (also called a tx) to include an additional 80-byte hash, just large enough to provide for a “distributed contract” – a feature that has drawn even greater outside interest over the past year due to its ability to represent any asset class or property, not just one value (fiat).17

In practical terms, the Bitcoin cryptoledger is its own 3rd party repository as it creates a consensus-based, trustless environment that negates the role of 3rd party intermediaries that existed in a paper-based analog world.  It also acts as a decentralized timestamp database.  Whereas historically timestamps were issued by a Time Stamping Authority (TSA) – or digital notary – that is vulnerable to abuse and tampering, a user can now store a timestamp on the ledger without concerns over data corruption as it stored on thousands of decentralized machines.18 More to the point, it provides the abilities of many other functionaries (e.g., accounting, auditing) and institutions (e.g., data warehouse) thus making a multitude of middlemen entirely redundant and allowing for bilateral transactions to take place.  Whereas Alice’s Accounting Co., may take a quarter of a year to audit and reconcile accounts for Bob’s Boutique Bookstore, a bitcoin transaction, as well as the entire global Bitcoin ledger, called a blockchain, is authenticated, verified, copied, and audited approximately every ten minutes (Litecoin is even faster, verifying every two and a half minutes).

While the underlying mathematics and cryptographic concepts took decades to develop and mature, the technical parts and mechanisms of the ledger (or blockchain) are greater than the sum of the ledger’s parts.  Simply put: bitcoins do not actually exist.19 Rather, there are only records of bitcoin transactions through a ledger, called a blockchain.  And a bitcoin transaction (tx) consists of three parts:

an input with a record of the previous address that sent the bitcoins;

an amount; and

an output address of the intended recipient.

These transactions are then placed into a block and each completed block is placed into a perpetually growing chain of transactions ―hence the term, block chain.  In order to move or transfer these bitcoins to a different address, a user needs to have access to a private encryption key that corresponds directly to a public encryption key.20 This technique is called public-key encryption and this particular method, Elliptic Curve Digital Signature Algorithm (ECDSA), has been used by a number of institutions including financial enterprises for over a decade.2122 Thus in practice, in order to move a token from one address to another, a user is required to input a private-key that corresponds with the public-key.

To verify these transactions and movements along the ledger, a network infrastructure is necessary to provide payment processing.  This network is composed of decentralized computer systems called “miners.”  As noted above, a mining machine processes all bitcoin transactions (ledger movements) by building a blockchain tree (called a “parent”) and it is consequently rewarded for performing this action through seigniorage.  Blockchain trees are simultaneously built and elongated by each machine based on previously known validated trees, an ever growing blockchain.  During this building process, a mining machine performs a “proof-of-work” or rather, a series of increasingly difficult, yet benign, math problems tied to cryptographic hashes of a Merkle tree, which is meant to prevent network abuse.23 That is to say, just as e-commerce sites use CAPTCHA to prevent automated spamming, in order to participate in the Bitcoin network, a mining machine must continually prove that it is not just working, but working on (hashing) and validating the consensus-based blockchain.2425 At the time of this writing the computational power of the network is 200 petaflops, roughly 800 times the collective power of the top 500 supercomputers on the globe.26

To prevent forging or double-spending by a rogue mining system, these systems are continually communicating with each other over the internet and whichever machine has the longest tree is considered the valid one through pre-defined “consensus.”  That is to say, all mining machines have or will obtain (through peer-to-peer communication) a copy of the longest chain and any other shorter chain is ignored as invalid and thus discarded (such a block is called an “orphan”).27 If a majority of computing power is controlled by an honest system, the honest chain will grow faster and outpace any competing chains.  To modify a past block, an attacker (rogue miner) would have to redo the previous proof-of-work of that block as well as all the blocks after it and then surpass the work of the honest nodes (this is called a 51% problem).28 Each 10 minutes (on average) these machines process all global transactions – the integer movements along the ledger – and are rewarded for their work with a token called a bitcoin.29 The first transaction in each block is called the “coinbase” transaction and it is in this transaction that the awarded tokens are algorithmically distributed to miners.30

When Bitcoin was first released as software in 2009, miners were collectively rewarded 50 tokens every ten minutes; each of these tokens can further be subdivided and split into 108 sub-tokens.31 Every 210,000 blocks (roughly every four years) this amount is split in half; thus today miners are collectively rewarded 25 tokens and in 2017 the amount will be 12.5 tokens.  This token was supposed to incentivize individuals and companies as a way to participate directly in the ecosystem.  And after several years as a hobbyist experiment, the exchange value of bitcoin rose organically against an asset class: fiat currency.

While colloquially someone may say he or she has ten bitcoins, there is no physical or even digital object that is an actual bitcoin.32 We are talking simply about the ability, by virtue of having exclusive knowledge of a given unlocking private password (a key) of a given schema, to cause a change in a ledger entry in that distributed schema.  And because all the mining systems operate with clearly defined “dry” rules, through consensus they respect the ledger entry change.  In other words, transferring a bitcoin is merely moving a specified integer value from one address to another address; all such moves are recorded on a public ledger.  As a consequence, users can actually access, transfer, and “store” these tokens through numerous mediums including a digital wallet (accessible from a laptop, tablet, smartphone), through an online browser and even through air gapped, cold-storage techniques such as a “paper wallet” or USB drive.33 Yet the actual ledger remains distributed amongst the mining equipment.

Another way to look at the Bitcoin system is through a thought experiment: try to stop using the word “property” to refer to the thing owned, the thing in which there is a property right.34 Instead, talk about an owner of some owned thing – or resource. The owner has a property right in some owned thing – in some resource.  So then ask: what is the ownership or property right in a bitcoin?  What exactly is a bitcoin?  You then have to carefully define what you mean.  And of course it is not ownership of “a bitcoin” – since there can be fractional bitcoins (the smallest unit is called a satoshi).  Economics does not have a category of “property,” as it is the study of human actors and scarce resources.  Property is a legally recognized right, a relation between actors, with respect to control rights over given contestable, rivalrous resources.  And with public-private key encryption, individuals can control a specific integer value on a specific address within the blockchain.  This “dry” code effectively removes middlemen and valueless transaction costs all while preserving the integrity of the ledger.  In less metaphysical terms, if the protocol is a cryptocurrency’s “law,” and possession is “ownership,” possession of a private key corresponding to set of transaction (tx) outputs is what constitutes possession.35 All crypto assets are essentially bearer assets. To own it  is to possess the key.  The shift from bearer, to registered, to dematerialized, and back to bearer assets is like civilization going full circle, as the institution of property evolved from possession to the registered form that predominates in developed countries today.

In terms of the logistics and mechanics of exchanging bitcoins to and from fiat, there are several methods.  For large volume, over the past several years there have been several companies (BitStamp, Kraken, BTC-e) that have created web-based exchanges by which a user deposits a token and the exchange in turn is partnered with a physical bank in specific jurisdictions.36 Once a user “sells” the token on the exchange, this bank then provides fiat liquidity to the exchange.  Since the genesis block in 2009, approximately 12.4 million bitcoins have been mined, some of which are permanently lost (e.g., where a user has lost or forgotten the information comprising his or her private key).37 As of this writing, the current market cap of all mined bitcoins is seven billion dollars; for comparison, MasterCard’s current market cap is $125.24 billion.

Not a One-Trick Pony or One-Hit Wonder

With its decentralized, peer-to-peer abilities that allow for near-instant transfers and trustless authentication of value while simultaneously serving as a registry of all property ownership (titles) with an algorithmically controlled stable money supply, the Bitcoin protocol has several limitations.38

Since the initial release of Bitcoin, up until now, the protocol has not been natively capable of managing and tracking more than one asset class.  For instance, three years ago, when ten thousand bitcoins were traded for a pizza, the token could have just as easily become pizzacoin.3940 That is to say, while value was exchanged, those using the blockchain could have attempted to track the value of pizza.  Or more precisely, those using bitcoin as a medium of exchange (MOE) could have used pizzas as the unit of account (UOA) (e.g., when setting the bitcoin price of those alpaca socks, consult the bitcoin-to-pizza ratio).41 Instead, the users of bitcoin consulted the bitcoin-to-fiat so fiat remained the unit-of-account as prices in fiat are generally used to measure the value of goods in the physical economy.    Another way to look at this is, those using bitcoin could have treated it in a “colored coin” manner (see below); and conventionally each coin would have equaled 1/10000th of a pizza.  As a consequence, it became clear that in order to begin tracking, trading, and managing smart contracts in a decentralized manner (and thereby exchanging smart contracts and even smart property), you were limited to just a few workarounds described below.42

How do we trade assets on the blockchain?  Purely proof-of-work, blockchains present logistical problems.  One choice is to build and maintain tens of thousands of altcoin blockchains that serve as ledgers for each asset.  This in turn would require a hash generating network to verify and protect against double-spending attempts (i.e., the 51% problem).  While there is no specific engineering reason that prevents this solution from being carried out (and perhaps it could take place through endeavors like Humint),43 motivating the human element to build and maintain a mining network in a profitable manner could be very cumbersome.   At the time of this writing there are several hundred different altcoins, most of which are mere line-for-line copies of Bitcoin or Litecoin – there are even automated tools that allow users to create their own clones, such as Coingen and Razorcoin.44 Yet, despite the existence of these altcoins, their creators have thus far been unable to re-create the “network effect,” which continues to back Bitcoin.

Another approach could be to build another layer, or platform, on top of a blockchain which specifically relates to an underlying reference asset.  Of all the existing decentralized cryptochains in existence, the one with the most institutional momentum, merchant exchanges, and community involvement (both in terms of software development and user base) is Bitcoin.  In economic terms this is called the “network effect.”  That is to say, the more people who use the network, the more valuable the network is.  Other examples are social media sites like Facebook: the more your friends use it, the more potential value it has for you.  Or with credit cards, the more merchants that accept Visa, the more useful and convenient it is for you.45 While other altcoins (and altblockchains) may be invented, convincing a critical mass of user, merchant, and developmental adoption is a constant uphill battle.  It should also be noted that first-movers are not necessarily the players that the market chooses in the long run.  For example Diners Club was the first credit card; yet it was displaced by other participants and is relegated to a small niche today.  Similarly, both Friendster and MySpace were the first funded companies in the social networking space, yet it was Facebook that became the industry leader.  Kodak, Blockbuster, and Tower Records are also recent examples of incumbents that were unable to adapt to a different market landscape.  In fact, the technology industry is filled with instances of disruptive innovations and creative destruction, including most notably RIM, which spearheaded the smart phone with its Blackberry concept but after mismanagement woes is now on the verge of bankruptcy.4647

For the near future at least, Bitcoin is the protocol du jour.

While some efforts have focused on the above approach, projects like Mastercoin and Colored Coin have chosen to build on top of Bitcoin’s blockchain, to use it as a verification and transportation protocol – allowing them to focus on building asset management tools instead of building an entirely new hashing infrastructure.  Both of these projects have a different method of managing assets.  Mastercoin issues its own token called a mastercoin (a type of metacoin) that can be bought or sold like a bitcoin on an exchange.  On January 3, 2009, the genesis block for Bitcoin’s blockchain was publicly released, laying the foundation for all other future blocks to build on top of.48 Similarly, on July 31, 2013, the Exodus Address was setup for Mastercoin which the resulting framework is situated atop.49 Only a limited number of mastercoins were created during the subsequent month of August and they are only visible to users that use a specially designed wallet that can distinguish them from the rest of the blockchain.50 Despite some initial developmental hiccups, the community responded by providing 4,700 BTC ($5 million at the time) in crowdfunding.51 These mastercoins in turn insert tiny messages into the blockchain that can be used to represent user-defined assets like a derivative or gambling bet.  Special digital wallets and online tools are used to track, trade and sell these mastercoins to anyone around the world.

The Colored Coin project is a little different from Mastercoin in that a certain amount of Bitcoin (e.g., 0.001 BTC) are “colored” to represent a particular asset (e.g., green for a car, blue for a house, yellow for gold, pink for shares of stock).  Users can then exchange these “colored” assets with one another using the Bitcoin blockchain as the ledger.  For example, if you own a home, you could use 0.001 BTC (or any other arbitrary amount) to represent transfer and assign it a secondary attribute, the “color” blue or any other “color” to represent the character of the asset (e.g., a house).52 You can then send and exchange this new blue token using a special digital wallet called the Chromawallet to a buyer who uses a similar wallet.  Using an online exchange (or even decentralized exchange) the buyer can purchase your “colored” token with bitcoin or some other combination of “colored” coins.  All of this is managed through the same ledger.  The only intermediary in this process is the blockchain, which manages the tokens just as it would any other bitcoin.

While there are several other projects with similar abilities on paper (NXT, Invictus Innovations, Counterparty), they all share a main goal: to allow a decentralized cryptographic ledger (a blockchain) to serve the roles and functions that had previously been managed by numerous 3rd parties.  While it is unclear which of these, if any, will be successful, the full implications and applications of trustless asset management are spreading more widely into the larger software development community.

For perspective I contacted Mike Hearn.  Hearn is a core Bitcoin developer who recently left Google to work on the protocol full-time.53 He also has spearheaded the effort to enable smart contract functionality with the protocol, designing several codebases and use-cases for future development.  In an email exchange I asked him if he thought that smart contracts would initially be limited to financial instruments.  In his view, “well, ‘contracts’ in the sense Satoshi used them are about Bitcoin and Bitcoin is inherently about finance so yes, I think they will be restricted to finance.”

And what kind of application does he think could bring cryptocurrency to a wider audience?  “That’s the million bitcoin question isn’t it. I don’t know. There might not be one killer app in particular, but a variety of apps that are merely useful enough that everyone has a bit of Bitcoin lying around for the occasions when they need them.  I explored micropayments last summer as part of trying to answer this question.”

Due to fees set by traditional payment processors, microtransactions have been an area that was financially difficult to do until Bitcoin, which permits divisibility to the one-hundred millionth decimal place (and virtually farther if patched in later versions).  Many off-chain wallet and exchange solutions such as those at Coinbase and Circle enable users to exchange bitcoins at this granular level.  An off-chain transaction is one in which the movement of value (e.g., an asset) takes place outside the public blockchain.  That is to say, initially users sent bitcoins to one another directly through the blockchain, this is called an on-chain solution.  However, now Bob can send bitcoins from any of his wallet to his friend Alice who may be using a hosted wallet at an off-chain provider such as Coinbase (a trusted 3rd party).  Or in other words, Bob’s tokens first go to a Coinbase on-chain wallet which is synched to the public ledger, but then using an internal database, the representations of these tokens are divvied out to a specific user within Coinbase’s internal off-chain wallet system.  There are trade-offs to using each approach.  While on-chain solutions such as Blockchain.info are reliable and cannot be exploited by a 3rd party, trading and exchanges are conducted in the 10 minute time frames (due to blockchain speeds).  Yet readers should be aware that while there are advantages of using a trusted 3rd party situation (namely speed and microtransactions below the dust limit), it could also result in the total loss of tokens as illustrated by the Mt. Gox fiasco in which thousands of customers potentially lost all of their holdings.54

Similarly, Hearn and others have discussed how in the near future, a mobile device (smartphone, laptop, tablet) could pay for wireless access with random WiFi hotspots via Bitcoin-based micropayments.  That is to say, one of the problems with the current wireless infrastructure is that there is no automated, secure manner for strangers to use wireless hotspots without having to trust one of the parties, which could lead to abuse (e.g., credit card fraud).  If instead, if Alice’s WiFi router was enabled with Bitcoin functionality (i.e., had a built in wallet) then Bob could pay for usage via bitcoin – even as little as a fraction of a cent’s worth – and both parties could be satisfied.

Assurance Contracts

But are there practical, present-day uses for the technology which are not contingent on some hypothetical future blockchain gaining widespread acceptance?  Alexander Tabarrok, an economist at George Mason University and creator of the “dominant assurance contract” model and I exchanged emails in part of my initial exploration into the real-world applications of smart contracts.55 An assurance contract is a contract in which contributions to a group goal are held in escrow until the amount reaches a certain threshold, after which point the contributions are then released (e.g., crowdfunding via Kickstarter).  This has been discussed as an alternative model for funding public infrastructure (e.g., a lighthouse, water treatment plant, roads, or bridges) and consequently its objective, binary funding model has frequently put it in the spotlight as a relatively easy example for smart contract developers to encode.  The “dominant” version is a twist in that if contributions fall short of the threshold, those who contributed not only receive their original funds, but also a bonus – creating an incentive for many people to donate.  Tabarrok writes:

I see smart contracts and the internet of things as ending the problem of asymmetric information. In economics, asymmetric information problems occur when one party to an exchange has better information than the other party and out of fear of being exploited the lesser informed party backs out of the trade. Both parties lose since no trade occurs even when trade would be mutually profitable. Smart contracts and the internet of things can overcome many of these problems by making information revelation more credible and even by making trade conditional on information that neither party may even know!

Capitalism like science and technology is a dynamic system and no one can predict where it’s going to go. I expect only to be surprised by the uses people will find for dominant assurance contracts. Kickstarter and other groups have made assurance contracts more familiar (you only pay if enough people join). Dominant assurance contracts make a Kickstarter-like proposition even more compelling (you only pay if enough people join and if not enough join you get paid). I hope to see experimentation and eventually I hope that familiarity in the private realm will encourage people to experiment with DACs to fund public goods and government services which was my original motivation.

The big, immediate gain of using cryptocurrencies and cryptoprotocols is quite pedestrian, lower transaction fees. Our payments technology is expensive and cumbersome. This is true for credit card payments, dominated by a handful of firms, and even more so for the government run checking system which is basically a 19th century system.  Transaction costs are not sexy but there are a lot of transactions in the world and there are many billions to be made by improving the system.  The company that first cracks the transaction cost nut, and I think that will mostly require reputation and scale rather than new technology per se, will be for payments what Google is for advertising.  Big advances in the technology of asset management and banking, the sexy stuff, will come after and on the back of the billions made by reducing transaction fees.

A DAC is a decentralized autonomous corporation, an AI entity that performs the functions of companies (e.g., payroll, issuing dividends) and is discussed at length in chapter 5.   There are several civic crowdfunding platforms that have been launched over the past couple years including Citizinvestor, neighbor.ly and ZenFunder.56

Legalese Challenges

Implementation of DACs, however, is not without its problems.  In view of this I spoke with Stephan Kinsella, a patent attorney, author and Bitcoin investor “while there seems to be potential with cryptocurrencies, cryptoprotocols and smart contracts in general, in my experience the legal industry changes at a glacial pace.  Many if not all of the segments are highly regulated and filled with well-established incumbents especially those integrated with banks.  As a result, most clients and partners typically like to continue utilizing traditional services and solutions and thus are very resistant to innovation.  Similarly, letters of credit and dispute resolution boards have existed for decades so this is not necessarily a selling point.  While there are theoretical advantages to using independent arbitrators or escrows, many contracts for property ownership or car ownership already set up a system of clauses where parties choose an arbitrator or how to use an escrow.   For instance, in terms of percentages, even when disputes arise the amounts of parties that ultimately use an escrow are quite small.  Though, perhaps with enough buy-in this could change later in time.”57

The problem, in his view, is that cryptocurrency is competing with an existing legal and commercial transaction infrastructure. “Again, while smart contracts present a very efficient and optimized marketplace, educating a userbase will be a constant uphill battle because in some ways you may have to reinvent the wheel; or recode the wheel as it were.  For instance, to hedge against a breach of contract Bob may have to issue a $1 million bond to cover insurance.  And in the event that this happens, you would likely need to work with a 3rd party who will have to look over the evidence of the case which in turn adds cost to the transaction.  Sometimes if a deal continues to sour, Bob will sue or simply write-off the loss.  Yet these types of interactions can and will likely happen despite using cryptoledgers.   Furthermore, while cryptoprotocols offers many methods to constrain governance, such as title management I do not see why banks would rewrite their system for this service any time over the next several years.58 They are typically risk averse and conservative.  In fact, I still see legal contracts with provisions that were written decades ago – even over a century – because they withstood legal scrutiny.  While smart contracts in theory could provide similar provisions, proponents and developers of next-generation crypto platforms should be aware that it will take many years of continuous education to convince businesses to adopt this different framework.”

According to Kinsella and others I spoke to on this matter, the smart contracts which would give rise to the fewest problems would likely be narrow contracts covering easily quantifiable, fungible commodities (e.g., oil, metals, ore, agriculture) or simple services, such as those provided by auto-repair shops and beauty salons – that is to say, something that is objectively measurable, mechanical and consistent, and low on consumer protection or complex representations and warranties.  While Bob and Alice would need to be aware of the various jurisdictions that provide different guidance and policies regarding the licensure of services (e.g., cosmetics, accounting), cryptoledgers and trustless asset management could enable a frictionless environment for bartering.  Decentralized exchanges that can manage cryptotokens could allow local service providers to buy, sell, and trade in-kind without going into fiat.59 While the tax and regulatory implications will unquestionably be different depending on the jurisdiction, this type of “cryptobarter” system may become useful and socially empowering in countries with faltering monetary institutions – like Argentina or Greece.

Argentina

In February 2014 I spoke with Wences Casares, an Argentine native and creator of a Bitcoin wallet used by institutions.  He recalls, in his youth growing up “in Patagonia I remember when we had so much inflation twelve years ago that my mother would carry her salary around in plastic bags and spend it as soon as she got it.  She would go to a market and there were workers whose sole job was to replace the sticker prices many times throughout the day because the price levels soared.”   In addition, Casares noted that at the national level, “the government did not want to raise taxes or lower spending so they printed more, causing inflation.  And when I talk to others about Bitcoin throughout the day I use different analogies depending on the person’s background.  Yet when I describe how Bitcoin works to Argentines, they figure it out very quickly.  They realize it cannot be confiscated and can be used as a store of value.”

Between 1998 and 2002, the Argentinian economy shrank by 28% as measured by GDP.60 At the end of 2001, the national government defaulted on $132 billion in debt and inflation reached a monthly high of 10.4% in April of 2002.61 Simultaneously the unemployment rate reached 20% by December 2001 and remained near 25% the following year all the way into 2003.62 While subsequent administrations reversed several of these policies, including restructuring external debt, in 2008 the Argentinian government nationalized private pension funds, amounting to $30 billion in private savings.63

Based on his experiences, Casares says that “when I have helped process face-to-face Bitcoin exchanges in Argentina, when you look at the other side of the transaction these users are not hackers or geeks, they are common people who see it as a good store of value.  Many in fact do not have much in savings but see how Bitcoin cannot be inflated.  People with significant amounts of money can easily move into hard assets yet those at the bottom, the common person cannot.  Bitcoin helps them and I imagine will continue to do so in the future.  There are a lot of benefits of Bitcoin, different people latch onto different benefits yet if another similar inflationary event happens, because of the proliferation of mobile phones it could catch on like fire.”

Sebastian Serrano, another Argentine native and founder of BitPagos, a virtual currency merchant payment service provider, expresses similar sentiment based on his first-hand experiences, “In Argentina there was a big wave of bartering that began in early 2002 whereby people traded food, services, almost anything at ad hoc fairs.64  During late 2001 through 2002 the peso was in free fall and there was a large increase in unemployment, which motivated people to trade things for things.  In fact, a few months into this crisis, many fairs and bartering clubs were already issuing their own ’credits‘ and creating their own bills as a form of scrip.65 Eventually a federation was created that issued a general note, yet counterfeit of this credit became a big problem.  As the economy recovered, the need for these clubs diminished and people stopped going to them – and while a few may persist, most completely shut down.  Yet I think cryptocurrencies and a decentralized asset management system would have helped with this barter system out substantially.  Not so much for price discovery but rather to prevent fraud because many of these fairs suffered from counterfeit notes and lack of transparency on how the notes were issued or distributed.66 And I think we are a few iterations behind something like a smart contract-based system that could be used in a scenario like that.  And perhaps these new platforms being developed will help in the long-run, because contracts make sense when time is a factor.  Thus, it is going to be very interesting to see how this develops again if we have another financial crisis.”

In 2013 the Argentinian peso lost 25% of its value relative to a US dollar and to stem capital outflows, Argentine policymakers enacted strict capital controls.67 As a consequence, ordinary people lacking in political clout have had difficulties in protecting their peso-based savings because access to foreign currencies is restricted.  While there is a fledgling Bitcoin community in Argentina, there are few formal outlets to exchange pesos to bitcoins or other cryptoassets that can provide a store of value resistant to inflation.68 Trustless asset management could enable ordinary people to, instead of relying on the local currency (e.g., peso) to exchange goods and services, exchange their services via different cryptotokens.

Such a system, if implemented, would be a more accurate rendering of the Big Mac index.69 The Big Mac index is an annually published currency-comparison tool created by the Economist that measures the purchasing-power parity (PPP) of each country.  That is to say, a Big Mac is a relatively consistent, quantifiable good that irrespective of jurisdiction should cost the same relative to the local currency.  However, since 1986, due to internal monetary policies a Big Mac is visibly overvalued or undervalued relative to chained US dollars.   While merchants and entrepreneurs do not necessarily need to know every available global price point for haircuts, oil changes, or even in-flight training these indices could help provide price discovery, enabling Argentinians to trade their goods and services at roughly market-rate prices without using local currencies.  In fact, just as globalization acts as to arbitrage wage rates of low-skilled employment between regions (i.e., ceteris paribus, the process of making textiles should cost roughly the same irrespective of locality), ultimately a decentralized system could enable entrepreneurs to coordinate economic investment to or from certain regions.

In one speculative example, Bob the mechanic in Buenos Aires could create a variety of “colored” tokens to represent tune-ups, repairs, and oil-changes and place them on decentralized exchanges that track those specific services.  Alice from the suburb of Avellaneda is an airline pilot and could similarly create tokens to represent certain amounts of flying time (e.g., two hour in-flight training) and also place the tokens onto a decentralized exchange.  Each exchange could list both the local rate for service (i.e., what the supplier is charging in fiat) as well as various cryptocurrency rates.  While inflation may erode purchasing power of fiat currencies such as the peso, decentralized platforms could enable both goods and service providers the ability to retain and exchange value in a decentralized manner that negates the need to use a repeatedly devalued intermediary. Alice and Bob could use price-matching services to transfer service tokens directly redeemable for the said service to one another, or even exchange for other intermediary cryptocurrencies.  To exchange between specific cryptoledgers, a consensus-based DAC may require “smart contracts” to provide for escrow and arbitration mechanisms before contracts are allowed on a ledger or exchange.  Or users may be willing to accept contracts without such clauses (i.e., caveat emptor), helped along in their commercial decision by independent decentralized autonomous agents which could provide a feedback, reputational mechanism (e.g., credit score) to allow market participants to see whether either Alice or Bob is a risky merchant.

But what a cryptoledger makes up in quantitative sophistication, it lacks in the qualitative – bartering in times of economic stress might work, but a real consumer economy might not.  According to Stephan Kinsella, “tens of thousands of formal and informal contracts are used every day between individuals, small companies and large institutions – and each of these may contain different nuances and subtleties relevant to the local setting.  Even hiring someone to be a temporary assistant may require qualitative language – some formalized legalese – and it will be difficult to automate those things.  In fact, most contracts outside the financial industry may not have clauses that are entirely mechanical; thus while smart contracts and cryptoledgers create a full-proof method of tracking ownership of assets, more than likely in some instances you will still need judgment calls involving humans – and there is already a subsidized public system in place for that which many market participants may be reticent to give up.70 Thus not only do you have to provide educational outreach but also consumer buy-in.”

Another question that both Stephan Kinsella and Sean Zoltek (chapter 6) brought up: how do we inform market participants that the benefits and advantages of switching to a new system outweigh the costs of using the existing infrastructure?  For instance, homeowners in many developed countries can already sell property without a realtor by using websites.  Similarly, homebuyers can purchase a deed and register it themselves.  And if you want to sell it quickly you can simply use a real estate agent.  Furthermore, while apartments, condos and townhomes are typically homogeneous units, not all houses are fungible, as they usually have some unique attributes that need to be quantified.  While this may be a small technical challenge that can be overcome, proponents should be aware that some consumers (or homeowners) may be uninterested in quantifying their assets via programmatic contracts.

Outside perspective

While much of the current literature, both academic and software development, is typically written for a US-based audience, I spoke with Preston Byrne, a fellow at the Adam Smith Institute and a London-based securities lawyer.  In his words, “the smart contract as envisioned by Nick Szabo does not yet exist. When it does, it will need to incorporate substantially all of the legal elements of a traditional contract and express them in the functions it performs automatically, at least to the extent that it is written to do so. It may be possible for a degree of modularity to be built into the code so, e.g., specific terms recognised at law could be reflected in code (provisions relating to termination, for example, on the occurrence of specific events) and standardized for use across different transactions.”

In Byrne’s view, while not impossible, drafting commercially viable smart contracts will not be easy – and code alone will not be sufficient. “If a contract is a negotiated agreement which (in the event of a dispute) a court can enforce, a smart contract is a contract which enforces itself.  Contracts are governed for the most part by (1) agreed rules and (2) a set of very complex legal fictions which govern how those rules should apply in the circumstances. For example, in English law it is required for any contract that is formed to incorporate an agreement of some kind, an actual transfer of value moving from both parties and the intention to create legal relations between them. In the event of a breach of the agreement or its being rendered voidable or void, they have a number of remedies – rescission, for example, where the contract is rendered void ab initio, specific performance, where a court orders one party to do something it had covenanted to do, and (more usually) damages compensating the injured party for loss.  While sometimes parties to a commercial contract will be able to recognise when a breach or other misfeasance has occurred and sort out the appropriate remedies between themselves, ultimately the final arbiter of (1) what the contract means and (2) what the consequences of particular breaches will be lies in the hands of a court or arbitrator which has the ability to bind the parties and coerce them to its will. Contracts mediated entirely by distributed, pseudonymous blockchains by fully autonomous DAOs are not well suited to this role.”  This is an issue that several individuals discussed in the evolution of this manuscript.  If the theory is there, where are the smart contracts?   Ignoring the hype and handwaving, the main obstacle is the technical codebase and complementary support services that need to be implemented – the infrastructure needs to exist to allow for smart contracts to fulfill the functions described by Szabo and Byrne.

Some sources have explained it is nearly impossible to remove all human interaction in commerce – therefore why bother with using a cryptoledger system?  Byrne argues that there will nonetheless be advantages beyond reducing transaction costs that lenders will be interested in – and only when cryptoledgers become more widespread in large organizations will smart contract technology become of practical use.  According to Byrne, this should not take long: “corporates and financial institutions have high overheads for personnel and equipment. They automate their operations when they can. The idea of replacing complex server architecture with a distributed blockchain – if indeed such a thing can be done – seems to me to be a rather simpler and more elegant solution for a bank to manage its balance sheet than legions of employees. A blockchain is basically the world’s most transparent and accurate accounting product. It’s only a matter of time before proprietary blockchains crop up internally at financial institutions, governments and businesses where it will start serving that function.  Consequently, the resources saved – currently used to pay salaries of financial services professionals – will be redeployed into lending operations and the economy at large.”

“In a similar fashion,” Byrne argues, “governments could do the same thing with their own finances and practically everyone would benefit. In the UK the public sector pay bill is £167.5 billion a year – 25% of state expenditures, 12% of GDP, and £3000 per year for every man, woman and child in the country.71 The UK could create a state-backed cryptocurrency – cryptosterling – tomorrow. Just write it, ensure only the Bank of England can mine it, issue everyone in the country with a private key, trade it for cash and deposits on a 1:1 basis over six months and replace national insurance numbers with a metal card containing the corresponding public key. Paying salaries and taxes, and claiming benefits, would be as simple as scanning a QR code and a bit of online monitoring; we could abolish the welfare bureaucracy overnight and save vast quantities of expenditure.”

“Such a currency would be superior to any other form of legal tender,” Byrne says: “imagine being able to see every transaction conducted globally in sterling in real time,  all while possessing the benefits of any other crypto, including security, transparency, speed, irreversibility, and low cost. It would also have the benefit of being able to be tinkered with as the state would control the majority, if not all, of the hashpower on the network and have knowledge of at least some of the private keys. This is useful, for example, to reverse proven fraud, rescind a contract or engage in quantitative easing – arguably things any state needs to be able to do in order to maintain civilisation.”

He adds, “I am aware there are those who will howl that this is not what Satoshi intended, and that this will result in a state which has absolute control over the money supply and the ability to interfere with personal finances mediated by the official blockchain. I agree. However, advanced states have this capability already – we are just paying hundreds of thousands of bureaucrats to exercise it.  Plus, nothing about a state-backed cryptocurrency prevents us from trading out and using some other cryptocurrency of our choice (e.g., dogecoin).  If cryptocurrency is to take off we need to start thinking in these terms.”

Byrne’s proposal of replacing sterling (GBP) with a sterling cryptocurrency which provides unforgeable transparency is already being experimented with in Iceland with the new Auroracoin initiative.72 The team behind the project ‘pre-mined’ (created) 10 million Auroracoins (AUC) and no more will ever be made. The creators of Auroracoin plan to give every citizen of Iceland 31.8 AUC on March 25 as a transparent mechanism to mitigate against a future banking crisis.   Similarly, the Mazacoin project is working with the Lakota Nation, a Native American tribe, to create an alternative cryptocurrency that can “give native American communities some fiscal autonomy.”73 While it is unclear what changes to the regulatory framework will occur in each jurisdiction or if market participants will adopt and utilize these tokens, this space will likely grow with other such experiments over the coming years.

Byrne also sees other developmental issues arising from breach of contract and thinks that one particular problem stands in the way of integrating cryptoledgers with repayment prioritization: what he calls ‘trusted 3rd party dogmatism.’  In his words, “There is currently very little dialogue between cryptocurrency advocates, mainstream financial institutions, and governments on cryptocurrency’s role in the economy – developers and libertarians are working furiously on one side of the rift and government, institutions and corporations cautiously observe from the other, and both size each other up – as if getting ready for a fight.”

“Given that cryptocurrency technology was ostensibly designed to wrest control of commerce from banks and the state,” Byrne adds, “this state of affairs should not be a surprise.  The result of this dichotomy, however, is that there is a disconnect between the banks who mediate transactions in the real economy and the cryptocurrency which seeks to supplant them.  This is counterproductive; the technology is open-source and can benefit everyone, including the banks.  But the gulf, until bridged, will act as a serious hindrance to development.  Take the idea of an asset-backed (secured) peer-to-peer loan as an example, where the borrower borrows in cryptocurrency and also collateralises the loan with cryptocurrency.  Talk to a cryptocurrency advocate, and he sees an opportunity to write a smart contract protocol that disintermediates a bank, avoids taxes and allows him to earn a little cash on the side beyond the reach of the revenue authorities. Talk to a bank at the moment, and they talk about money laundering, terrorist financing and regulation.  It doesn’t have to be like this.”

In his view, the solution is to reintroduce the trusted 3rd party (TTP) in a highly reduced but nonetheless essential custodial role. “Let’s return to that asset-backed peer-to-peer loan for a minute. For a bank to write that loan, it would normally negotiate an agreement on certain terms, take security over the assets concerned, and submit to a set of complex legal rules.  As Szabo noted:

‘Over many centuries of cultural evolution has emerged both the concept of contract and principles related to it, encoded into common law. Such evolved structures are often prohibitively costly to rederive. If we started from scratch, using reason and experience, it could take many centuries to redevelop sophisticated ideas like contract law and property rights that make the modern market work. But the digital revolution challenges us to develop new institutions in a much shorter period of time.’74

Continuing, Byrne notes that, “Szabo correctly points to the fact that the common law is a very complex body of rules.  He is also correct in that any smart contract we draft will benefit greatly by following its example.  Cryptocurrency will benefit more, however, from interaction with the law than attempting to replicate a parallel legal system of its own.  The primary, and one might say defining, characteristic of the English common law is that it was not, at least historically, made primarily through legislative fiat. Its evolution has been organic, with existing rules changing to new circumstances in the face of new and ongoing testing (litigation) – it is a form of transductive algorithm.  For example, the law relating to guarantees is notoriously complex because guarantors almost always have an economic interest in challenging the legitimacy of the instrument when the contract is called in, meaning that the rules are very specific and great caution must be exercised when drafting them.”

A transductive algorithm is inference from specific experiences and is a technique used in machine learning.75 Or in other words, being taught (or learning) about specific cases by which the knowledge can then be used for future cases in a similar domain.  And as Byrne suggests, it may take some time for the legal framework to organically form around cryptocurrencies, through a similar process.

Continuing, “Even in simple agreements, however, a hard rules-based approach – as an outsider to bank lending and law practice might perceive it – is far from the norm.  Law is ‘wet code’ not by mistake but by design.  Returning again to an asset-backed loan, let us suppose that this loan enters into default.  In the real world it is possible for one party to forbear from exercising its rights, or to seek a situation-specific solution which fits the facts on the ground.  Even if a loan is in default, it may not be in anyone’s interest to formally call it and enforce.  In my experience enforcement is an extreme solution; it is, however, the final remedy on which all faith in commercial contracts is based.  Coding smart contracts that make a role for TTPs who can be reasonably relied upon to act fairly, and have adequate resources or insurance so that if they breach their obligations they’re still worth suing, is a necessary step if cryptocurrency is to be adopted by the mainstream.  To do that, however, the cryptocurrency community needs to get over its ideological aversion to governments and banks and start selling to them.”

While his proposal will likely receive a mixed reaction, he sees this evolution in terms of the existing role of a 3rd party.  In his view, “taking the asset-backed loan as an example again, let us suppose there are multiple lenders.  Usually those lenders will enter into a contractual arrangement with an agent or trusted 3rd party, another bank or a professional trustee company, to hold and exercise their rights, at their direction and on their collective behalf.  This arrangement works because (1) the common law allows the lenders to contract with that TTP on certain terms and (2) the parties know where to find the TTP if it screws up.”

In Byrne’s view, once a trusted 3rd party is removed from simple transaction of the kind in the style proposed by Nick Szabo, such an agreement differs from a contract concluded in the normal way in that:

1) “the TTP and its associated costs are disintermediated and users become independent of existing institutions; however,

2) “the price of decentralisation is full cash collateralisation, making even the most basic lending contract unviable for ordinary commerce;

3) “the element of discretion to hold our rights in abeyance and adapt to changed circumstances is limited by the algorithm; and

4) “in all likelihood, the possibility of enforcement for losses which arise beyond the provisions made in the smart contract itself will be compromised, because

(a) by design, the technology doesn’t permit this course of action (as a party who would be liable for, e.g., consequential loss would almost certainly not hand over his private key in circumstances where his liability would increase); and

(b) even if one could present the contract to a court and trace all of the relevant assets, reintroducing a contract to the legal system when it was intentionally structured to exist outside of it does not tend to work out well for the party seeking to rely on its provisions.”

This is an issue that numerous reviewers of this manuscript asked: for digital contracts, how is the problem of real life enforcement solved?   After all, even if things are enforceable on the blockchain, a human still has to input the conditions for which contracts will be executed, and if anything happens in real life, it still has to be enforced by lawyers and the state.  However, there is no clear cut answer to this and each jurisdiction will likely react in different ways: from acceptance to outright banning.

Yet Byrne sees only one solution: invite 3rd parties back into the equation.

As Szabo said, “by extracting from our current laws, procedures, and theories those principles which remain applicable in cyberspace, we can retain much of this deep tradition, and greatly shorten the time needed to develop useful digital institutions.”76 To Byrne, this means that while “a technical understanding of jurisdiction specific legal principles is absolutely essential to smart contract design, trying to encode the sophistication of common law into an algorithm is impossible – see, for example, the Eurosail-UK 2007-3BL case, where ambiguity relating to the statutory consequences of a purely mechanical provision, which in all likelihood nobody expected would ever be invoked at the time the contract was entered into, had significant consequences for an entire industry. Reifying agreements in code and pushing for full decentralisation will create more commercial problems than it solves.”

Byrne thinks that the tradition can be easily retained and employed if it is applied, “the way in which this will be done is by ensuring smart contracts keep a foot in the real world.  We would still see a paper contract specifying what is reserved for the blockchain and what is not – automata are well suited to matters like collections, cash sweeps, swap payments and collateralisation, managing and blocking ‘accounts’ (query, if a blockchain is used, whether the need for accounts could be dispensed with as well), payment prioritisation, and even servicing issues such as title transfer on enforcement, as Nick Szabo has suggested (e.g., in the case of securities backed by a pool of automobile loans).”

“The role of an individual contract’s sole TTP,” he continues, “could be limited mainly to holding the private keys on trust and in confidence for the parties pursuant to the terms of their contractual agreement, leaving the rest to the machine, only intervening to exercise the critical discretion when things go horribly wrong – granting flexibility for complex situations involving insolvency, recovery of uncontemplated losses, and changes in the law such as reference currency re-denominations.  This human element which is held in reserve is also what would permit judicial control of the transaction.” However, Byrne added, “to move things forward on this front, computer programmers need to start talking to lawyers and bankers.  This is not to say that this would prevent anyone from using the technology outside of the legal system.  It is only to say that in order to mature, the technology will need to maintain some connection to the legal system and submit to its jurisdiction.”

While it is too early to tell how this intersection will play out in the United States, it will likely fill volumes of books over the coming decades.  In the meantime there are several cases currently being litigated that involve cryptocurrencies, including one concerning a Johns Hopkins doctor who sold prescription pain pills (oxydocone) through Silk Road – an anonymous marketplace that is largely known for its illicit drug trade.77 Similarly, Alydian was an ASIC mining company that went bankrupt and during the bankruptcy proceedings, the judge raised some questions that nearly all other jurisdictions will have to become familiar with: What is a token?  What is a cryptoledger?  Does it exist, and if so, where?  Can it be controlled or rescinded?  And so forth.78

And in Byrne’s view, there will likely emerge a balance that companies and institutions each come up with in terms of how integrated their operations will become with math, algorithms and cryptoprotocols – “a ‘balance of trustlessness,’ if you will. I think for most contracts of a large, capital-intensive nature (securitisations, corporate lending, corporate acquisitions, asset and property purchases) smart contracts will ensure they fall within legal jurisdiction in order (1) to better assess and mitigate commercial and counterparty risk and (2) to create a nexus with real-world assets which can be enforced against – the market will demand it.  The courts will develop an interpretive framework to compel people to turn over these assets.  If a trusted 3rd party knows the private keys, a central agent can control them and give effect to court orders.  The same is true for a government body using the technology, which in its hands should remain subject to both judicial and constitutional control.”

  1. They Never Said It: A Book of Fake Quotes, Misquotes, and Misleading Attributions by Paul Boller and John George []
  2. Wet code and dry by Nick Szabo []
  3. Arbitration Scorecard 2013 []
  4. Fulbright’s 9th Annual Litigation Trends Survey Report and Fulbright’s 9th Annual Litigation Trends Survey: Litigation Bounces Back; Regulation Hits High – U.S. Release []
  5. In June 2010, Paul Ceglia sued Mark Zuckerberg (creator of Facebook) claiming that a 2003 contract entitles him to an ownership of most of Facebook.  In March 2013 a judge recommended dismissal of the lawsuit as the contract was a “recently created fabrication.”  See Facebook Lawyer `Unsure’ Whether Founder Mark Zuckerberg Signed Contract from Bloomberg and Judge recommends dismissal of Paul Ceglia’s Facebook lawsuit from c|net []
  6. A type of securities exchange existed during the Roman Empire, societates publicanorum, which were organizations of contractors and leaseholders who performed services for the government. []
  7. The term smart contract is sometimes used as a bit of a misnomer, because it likely undersells the capabilities of a DAO.   An ‘active contract’ or ‘live contract’ explains that the contract itself is the mechanism that monitors and actively controls the prior agreement per the terms.  See also: WorkingWithContracts from bitcoinj []
  8. According to Mark Miller the first smart contracting system was AMIX, the American Information Exchange. []
  9. More concisely, smart contracts are about reducing default (e.g., counterparty risk).  The standard historical view has been that the state was necessary to enforce contracts (forward contracts as opposed to spot contracts).  However, Anthony de Jasay’s contends that Rousseau is misunderstood regarding the “public goods problem.”  The common view is that the optimal strategy is for both parties to default and that this somehow proved the existence of market-based contract failure.  Yet as de Jasay contends, the proponent of such a few employs a form of hedonic calculus in order to quantify the “incremental pleasure he expects to derive from having the state arrange the production of the correct amount of order and other public goods, instead of relying on a possibly quite inadequate patchwork of spontaneous arrangements, must outweigh the pain of coercion he thinks he will suffer at the state’s hands.”  See Inventing the State: The Social Contract by Anthony de Jasay []
  10. It has been called a platform, scaffold, foundation and a number of other nouns.  See Bitcoin: It’s the platform, not the currency, stupid! by Sander Duivestein and Patrick Savalle and Bitcoin 2.0 Explained: Colored Coins Vs Mastercoin Vs Open Transactions Vs Protoshares by Kyle Torpey []
  11. While smart contracts can technically self-execute, whether or not policy makers allows or recognizes them is another matter entirely. []
  12. Smart Contracts by Nick Szabo []
  13. This issue can involve entire papers and books in terms Subjective Theory of Value and preferences.  See Economics of Bitcoin: Is Bitcoin an Alternative to Fiat Currencies and Gold? by Peter Šurda and The Economics Of Bitcoin – Challenging Mises’ Regression Theorem by Michael Suede []
  14. Wet code and dry by Nick Szabo []
  15. See Bitcoin: A Peer-to-Peer Electronic Cash System by Satoshi Nakamoto.  Bitcoin also solves a long-standing mathematical thought experiment called the Byzantine General’s Problem which involves how independent parties (and strangers) can arrive at consensus as noted by Paul Bohm:

    The Byzantine Generals’ Problem roughly goes as follows: N Generals have their armies camped outside a city they want to invade. They know their numbers are strong enough that if at least 1/2 of them attack at the same time they’ll be victorious. But if they don’t coordinate the time of attack, they’ll be spread too thin and all die. They also suspect that some of the Generals might be disloyal and send fake messages. Since they can only communicate by messenger, they have no means to verify the authenticity of a message. How can such a large group reach consensus on the time of attack without trust or a central authority, especially when faced with adversaries intent on confusing them?

    Bitcoin’s solution is this: All of the Generals start working on a mathematical problem that statistically should take 10 minutes to solve if all of them worked on it. Once one of them finds the solution, she broadcasts that solution to all the other Generals. Everyone then proceeds to extending that solution – which again should take another ten minutes. Every General always starts working on extending the longest solution he’s seen. After a solution has been extended 12 times, every General can be certain that no attacker controlling less than half the computational resources could have created another chain of similar length. The existence of the 12-block chain is proof that a majority of them has participated in its creation. We call this a proof-of-work scheme.

    If that sounds confusing, don’t worry. What it means is just that consensus is reached, because computational resources are scarce. You vote with work. To rig the vote an attacker would need to control more computational power than the honest nodes. To ensure it’s more expensive for an attacker to purchase the computational power needed to attack the system, Bitcoin adds an incentive scheme. Users who contribute computational power get rewarded for their work. If the value of a Bitcoin rises and thus attacking the system becomes more profitable, it also becomes more profitable for honest users to add computational resources. At any given point, one would expect miners to invest as much resources into mining as is profitable for them. Bitcoin is a currency, because it needs incentives to protect the consensus process from attackers. This computational process (“mining”) is not wasteful at all, but an incredibly efficient way to make attacks economically unprofitable. Bitcoin never uses more computational resources than neccessary to protect the integrity of its interactions. []

  16. What Is Seigniorage? by David Kestenbaum []
  17. Core Development Update #5 by Gavin Andresen []
  18. An example is BTProof []
  19. See How do bitcoin transactions work? from CoinDesk and How the Bitcoin protocol actually works by Michael Nielsen []
  20. There is arguably actually a third key as well, a hash of the public key.  See Bitcoins the hard way: Using the raw Bitcoin protocol by Ken Shirriff []
  21. Cryptographers at GCHQ, the British intelligence agency had independently invented and used the public-private key Diffie-Hellman technique several years prior to 1976.  As a result of this and other mathematical schemas, the entire global financial industry, every diplomatic corps, cloud services and all e-commerce (to name a few) currently rely on cryptographic methods to securely transmit data. []
  22. Elliptic curve cryptography was first introduced by Victor Miller and Neal Koblitz in 1985.   While Diffie-Hellman can be used for public key encryption, not many people actually use it that way.  Also, Diffie-Hellman cannot do digital signatures which is what Bitcoin uses public key encryption for.  Furthermore, Bitcoin uses parameters set by secp256k1 (not the exploitable secp256r1).  See NSA Backdoors and Bitcoin by Chris Pacia, The Cryptography of Bitcoin by Edward Yang, An Overview of Elliptic Curve Cryptography by Julio López and Ricardo Dahab, ECDSA from StackExchange, Why can’t Diffie-Hellman be used for signing? from StackExchange and Cryptography and Contracts by Daniel Krawisz. []
  23. A Merkle tree is used to “store” the large transaction history (at the time of this writing, the blockchain is roughly 14 gigabytes and growing).  Technically transactions are not actually “stored” in a hash tree per se, but rather the proof-of-work that says a block is valid is based on hashing the Merkle tree input of all the transactions. []
  24. Bitcoin uses a modified version of Hashcash which was originally proposed in March 1997 by Adam Back; the actual cryptographic hash function is SHA256d.   It should also be noted that he recently voiced some vulnerability concerns regarding implementing a Turing-complete language with a cryptoledger, see Turing complete language vs non-Turing complete (Ethereum vs Bitcoin). []
  25. Or in short, mining as done today has very simple requirements: hard to produce results, yet easy to verify and relatively hard to hardware optimize.  This last aspect has changed with the advent of ASICs, yet due to competition there is an “arms race” between semiconductor designers.  See The Bitcoin-Mining Arms Race Heats Up from Bloomberg Businessweek []
  26. Washing virtual money from The Economist []
  27. There are actually four groups that ultimately provide “consensus”: miners, holders of tokens (anyone with a wallet), merchants and web-based services such as exchanges.  While miners are usually considered the most powerful (because without them, there would be no network, ledger or authentication) each of these other groups hold some sway.  Without exchanges, many participants would be unable to trade bitcoin for fiat or other alt tokens.  Without merchants, many participants would be unable to trade bitcoin for goods and services.  There is also room to distinguish a “hasher” and a “miner.”  In the long-term “hashers” may end up causing centralization of network resources into central pools that diminishes the ability for the network to stave off outward attacks.  Most “miners” today lack power to select or validate bitcoin transactions.  Modern miners simply sell a computing service (hashing) to the mining pools.  Decentralized pools like P2Pool would help alleviate some of that concern yet there are financial incentives for “hashers” to use larger pools that create imbalances that are discussed in Hashers are not miners, and Bitcoin network doesn’t need them.  See also Block chain entry and Selfish Mining: A 25% Attack Against the Bitcoin Network from Bitcoin Magazine.  The Ethereum project plans to use functional data structures and the trees are called “uncles.”  See Grokking Functional Data Structures by Debasish Ghosh []
  28. Operating a node is not the same thing as mining, running a full node ensures the integrity of the network.  Full nodes keep a copy of the entire blockchain.  Pool miners do not operate as nodes as they communicate with the pool owner which does operate as a full node.  See Bitter to Better — How to Make Bitcoin a Better Currency by Barber et. al. and What can an attacker with 51% of hash power do? from StackExchange []
  29. One of the best explanations of how hashing works can be found in: Bitcoin Mining Explained Like You’re Five: Part 2 – Mechanics by Chris Pacia []
  30. See Bitcoin Mining Explained Like You’re Five: Part 2 – Mechanics by Chris Pacia and The Marginal Cost of Cryptocurrency by Robert Sams []
  31. This effectively means that there could be billions of contracts, not just 21 million. []
  32. The pictures used on television news stories of a silver or golden ‘bitcoin’ are usually a Casascius coin.  The company that made them (Casascius) shutdown in 2013.  These were physical coins (or rather ‘containers’) plated in either silver or gold and a ‘private key’ to a bitcoin address was embedded on a card within it.  In a sense, this was a type of physical wallet that was intentionally made cosmetically similar to a traditional coin. []
  33. An air-gapped computer is one that is physically isolated from an insecure network.  This is done to protect trade secrets and prevent potential abuse such as hacking or espionage.  To prevent this kind of theft, there are off-site, cold-storage techniques involving using a paper-wallet to store bitcoins.  Blockchain.info created a guide that explains how to do that: Practical Paper Wallets.  In a different industry, in March 2012, Businessweek published a widely circulated report (China Corporate Espionage Boom Knocks Wind Out of U.S. Companies) about corporate espionage of a US wind turbine supplier (AMSC) conducted by its Chinese client, Sinovel. In short, while AMSC attempted to isolate its trade secrets and proprietary software code outside of China (using an ‘air gapped’ facility), Sinovel still managed to use social engineering (e.g., bribery) to lure one of AMSC’s key Austrian-based programmers to China.  An ‘air gapped’ facility in their case meant the proprietary code – “secret sauce” – was only accessible at a workstation that was not connected to the internet. Using the ‘defense in depth’ IT security strategy (e.g., multiple firewalls and secure zones nested within one another) AMSC purposefully built this facility with the sole intention of building a physically isolated silo that could not be easily compromised.  See also, FAA: Boeing’s New 787 May Be Vulnerable to Hacker Attack from Wired []

  34. I would like to thank Stephan Kinsella for articulating this particular thought experiment. []
  35. According to Black’s Law Dictionary entry for, “possession is nine-tenths of the law”:
    This adage is not to be taken as true to the full extent, so as to mean that the person in possession can only be ousted by one whose title is nine times better than his, but it places in a strong light the legal truth that every claimant must succeed by the strength of his own title, and not by the weakness of his antagonist’s. []
  36. Coinbase is technically not an exchange.  It is an online wallet that purchases tokens through other exchanges like BitStamp. []
  37. Approximately 26 million litecoin’s have been mined creating a market cap of about $500 million as of this writing.  In addition, some people forget their passwords or forget to back-up their digital wallet when discarding older computers which permanently makes those tokens unspendable.  See Missing: hard drive containing Bitcoins worth £4m in Newport landfill site from The Guardian []
  38. Depending on what kind of wallet or service you use, the time between sending and receiving a bitcoin could range from a few seconds to 10 minutes.  Each transaction and confirmation requires about 10 minutes to be processed by the network.  If you use a 0-confirmation method (e.g., Electrum), this time is cut down to seconds (although there is a security risk); see, How secure is zero confirmations? from StackExchange. []
  39. This Pizza Cost $750,000 from Motherboard []
  40. This asset tracking is not the same a referential datapoint such as the annual Big Mac Index compiled by The Economist []
  41. Grass Hill Alpacas was one of the first companies to sell its wares for bitcoin.  CoinDL is another long-standing company in the digital goods-for-bitcoin space.  Both of these were mentioned in an interesting interview between Pieter Wuille and Stefan Thomas several years ago. []
  42. Smart property implies that there is some issuer, and Bitcoin has no issuer. Bitcoin is a fiat medium-of-exchange by design, that aspect is not an organic evolution. []
  43. While there may be technical and social hurdles with their endeavor, it is a very unique spin of alts, see: Humint Hopes to Custom-Build Altcoins for Brands from CoinDesk []
  44. See Coingen and Razorcoin.  While some altcoins were originally intended to be part of some kind of “get rich quick” pump-and-dump scheme, this is not to say that they are forever useless or without utility.  Value is subjective and determined by individual market participants and their preferences.  As observers, we cannot know a priori what market participants will ultimately use the token ultimately for.  Obviously enormous inertia is behind Bitcoin but we do not know what risks and market conditions necessarily lay ahead decades from now and how those unknowns may impact the crypto ecosystem. []
  45. One reviewer of this manuscript suggested that there are even more similarities between the spontaneous, emergent order of Bitcoin and the vision of Visa as laid out by Dee Hock.  Hock described the success of Visa’s distributed payment processing network as “chaordic,” a blend of “chaos” (e.g., competition between member banks for merchants) and “order (cooperation between the banks in honoring the transactions across borders and currencies).  See Birth of the Chaordic Age from Dee Hock, The Trillion-Dollar Vision of Dee Hock from Fast Company, The Bitcoin Blasphemy by Joe Nocera and Hayek’s Liberalism and Its Origins by Christina Petsoulas []
  46. Creative destruction is an economic term originally coined by Karl Marx and later popularized by Joseph Schumpeter.  Its original usage has changed and is currently used to illustrate how market forces purge and reallocate capital towards other more productive uses.  See Creative Destruction by W. Michael Cox and Richard Alm []
  47. On BlackBerry 10’s 1st anniversary, BlackBerry’s U.S. market share hits 0% from BGR []
  48. For the technical specifications see the genesis block.  Note: Satoshi signed the block with the statement “The Times 03/Jan/2009 Chancellor on brink of second bailout for banks” – which is based on a real article from The Times, Chancellor Alistair Darling on brink of second bailout for banks. []
  49. Blockchain address: http://blockchain.info/address/1EXoDusjGwvnjZUyKkxZ4UHEf77z6A5S4P []
  50. All mastercoins (MSC) were minted during a fundraiser for the month of August 2013 []
  51. Backed by $5 Million in Funding (4,700 BTC), Mastercoin Is Building a Flexible, New Layer of Money on Bitcoin from MarketWired []
  52. Since the genesis block people have included text, images and even files in the blockchain.  See Hidden surprises in the Bitcoin blockchain and how they are stored: Nelson Mandela, Wikileaks, photos, and Python software by Ken Shirriff. []
  53. Bitcoin Core Development Falling Behind, Warns BitcoinJ’s Mike Hearn from CoinDesk []
  54. Almost Half a Billion Worth of Bitcoins Vanish from The Wall Street Journal []
  55. The private provision of public goods via dominant assurance contracts by Alexander Tabarrok []
  56. Citizinvestor, ZenFunder, neighbor.ly []
  57. KinsellaLaw []
  58. One of the intentions of the smart contract system is to recreate the banking system.  Even if it worked, it could take many years to move beyond the current financial realm. []
  59. One common question people ask is how does fiat get into and out of a decentralized exchange (DEX)?  More than likely, at first there will be fiat pointers which are a non-redeemable token used to represent an asset marked for redemption.  For instance, with respect to mastercoins, reputation markets will develop as those who have to honor turning a mastercoin asset into fiat currency on demand.  Thus, in the long-term a DEX offsets the current centralization, yet the trust problem still exists on the edges; fiat will likely always need a 3rd party provider since it is provided by a 3rd party already.  In addition, one source explained that centralized exchanges will likely not disappear as users cannot connect to the Caribbean islands with a decentralized approach, or in their words, “Foreign exchange controls will prohibit the decentralized open nature and land people in hot water.  Centralized, regulated exchanges allow users to fly above the law.” []
  60. Argentina’s Economic Crisis: Causes and Cures from Joint Economic Committee, United States Congress []
  61. Simpson on Sunday: Argentinians summon up the ghost of Peron in hard times from The Telegraph []
  62. Argentina Unraveling from The New York Times and Accommodating an army of garbage pickers from CNN []
  63. Argentina to Nationalize Pension Funds from The Washington Post []
  64. BitPagos []
  65. Argentine Social Money Movement by Sergio Lub and Thomas Greco and Los clubes del trueque en la Argentina, una experiencia útil de secesión económica by Jorge Aldao []
  66. One likely problem may then be online theft instead – it is much easier for a hacker to get your virtual assets than fly over there and steal your physical notes. []
  67. Argentina to Replace Bogus Inflation Index to Mend IMF Ties from Bloomberg []
  68. Bitcoins in Argentina: A New Safe Haven? from The Argentina Independent []
  69. The Big Mac index from The Economist []
  70. For more on Title-transfer theory of contract see A Libertarian Theory of Contract: Title Transfer, Binding Promises and Inalienability by Stephan Kinsella []
  71. Public spending and pay by Crawford, Cribb and Sibieta, p. 165 []
  72. In One Month, Everyone In Iceland Will Own Cryptocurrency from Motherboard []
  73. Mazacoin Aims to be Sovereign Altcoin for Native Americans from CoinDesk []
  74. Formalizing and Securing Relationships on Public Networks by Nick Szabo []
  75. Learning by Transduction by Gammerman et. al. []
  76. Formalizing and Securing Relationships on Public Networks by Nick Szabo []
  77. Hopkins doctor suspended after charges in Silk Road case  from The Baltimore Sun []
  78. CoinLab’s Incubated Startup, Alydian, Files For Bankruptcy from TechCrunch []

Chapter 1: Introduction

[Note: below is chapter 1 to Great Chain of Numbers]

This guide is a brief primer and resource for those looking to understand:

what a cryptoledger is,

what smart contracts are,

how smart property works and

the disruptive impact of trustless asset management.

While I typically use examples from the United States and China, there are numerous business and personal applications for each in any country, irrespective of size.

This is not a guide on how to invest, and you, the reader, should make sure to conduct thorough due diligence of the specific area you are looking to create value in.  While there may be seemingly unlimited opportunities in this burgeoning field, there are also many risks – known and unknown.  You should begin your search by familiarizing yourself with the groundbreaking works, which are freely available online, of Nick Szabo, who pioneered the field of smart contracts and smart property.1 It is also highly recommended that in addition to consulting with someone familiar with business development related to cryptocurrency applications, you also speak with legal counsel and/or a risk assessment specialist who can help quantify and qualify the potential legal risks.

As this guide will illustrate in a general sense, even if you create an ostensibly ironclad smart contract that is used on a cryptoledger to track or transfer an asset, there may be brick-and-mortar legal institutions that do not recognize the manner in which the transaction takes place (e.g., exchanges must continue to use passive, paper-based interfaces).  To some in the cryptocurrency community the traditional mechanisms seem anachronistic. The stark reality is that the traditional mechanisms (postal mail, fax machines) are still required for business and show no signs of disappearing anytime soon.

Keeping an Open Mind

The economics of Bitcoin can and will continue to fill countless volumes.2 As to whether cryptocurrencies or tokens that act as virtual representations and abstractions of value actually are valuable, is in the eye of the beholder (or more appropriately, keyholder).  It is also a self-correcting quandary: if you do not see value in holding any type of cryptocoin, metacoin or “colored” coin, then you simply will not accept them.

One of the primary benefits of Bitcoin and cryptocurrencies like it, the argument goes, is that it will reduce costs and friction in international commerce.  Below is an image used with permission from Pierre Rochard that may help readers qualify many of the transaction costs between precious metals (gold, silver), fiat currencies (US dollars, euros) and cryptocurrencies:3 comparsion

Economists and legal experts have suggested that Bitcoin is not a real “thing” with some pointing out that, in some jurisdictions, cryptocurrency is currently beyond proprietary classification.4  I note below, they would be correct: it is nothing more than a virtual ledger entry.  Yet, despite this level of abstraction, there are those who find utility in subjectively valuing its scarcity relative to other assets, namely, fiat currencies.  Whether your neighbor or your favorite blogger values it the same way as you is not fundamentally important in the long run.5 Ultimately what matters is, what additional units of utility both the token and the protocol could provide for you or others.  Furthermore, if physical manifestations of value were all that mattered, then all of the abstractions humans use on a daily basis – from signing documents that represent contractual obligations and financial instruments, to swiping a credit card that sends electrons to a payment processor – would simply be a futile exercise in mental gymnastics.6

Altcoins

If you are new to the cryptocurrency world, you may have arrived through a variety of paths, including the altcoin world.  An altcoin means “alternate coin” – which commonly means any cryptocoin or cryptoledger that is not Bitcoin.  Sometimes an altcoin is an exact replica of the Bitcoin codebase: in other instances, it is drastically modified.

Namecoin is widely considered to have been the first altcoin.  Namecoin is designed to act as a decentralized DNS system that makes domain name censorship difficult, if not impossible.[vi] It was created in 2010 as a modified version of Bitcoin, and in 2011 the mining of namecoins (after block 19,200) was effectively merged with Bitcoin through a software update (e.g., pools had to use a new software release).78

While Namecoin provides DNS functionality, it can also be utilized as a messaging system, torrent tracker, and even a notary (which other cryptocurrencies can do as well).  While it is uncertain that any or all of the altcoins or the ongoing “2.0” (next-generation) projects described below will ever be successful in accomplishing their goals, these potentially new innovations, like Namecoin before them, show that cryptoledgers can be integrated to provide rich functionality beyond the current token system.

This is not to say that the cryptocurrency community has uniformly embraced disruptive change: far from it.  Like all inclusive groups, there are varying amounts of elitism, rigidity, and openness throughout.  People learn about cryptocurrencies through various ways.  Many late-adopters, have learned about mining or even coding through other altcoins such as Litecoin and Dogecoin – which serve as gateways for new entrants to the larger crypto ecosystem.9 These coins have done so, at least in part, because of the psychological value of being rewarded with a significantly larger amount of tokens for either fiat or mining (e.g., ten dollars for one billion dogecoins) – avoiding what is referred to as ‘mental transaction costs’ of doing decimal calculations in bitcoin.10 Yet depending on the venue, these projects are often frowned upon by many early Bitcoin adopters.11 Thus if you, the reader, choose to enter the community, you should know there are various political turf wars that I recommend you stay away from as they are a distraction to the value-added potential and business opportunities that trustless asset management promises.

This book focuses on the opportunities of the ecosystem, not a particular protocol: it is impossible to know what market conditions will be like in three or five years, what regulatory issues will arise, what developmental tools will or will not be made or what market participants will find utility in.  Alice may, for some reason, find utility in a project or cryptocurrency that Bob find’s distracting and pointless.  For this reason it is important to distinguish your own subjective valuation from others’.   While the analogy is imperfect, consider this sardonic perspective to dismissing Bitcoin alternatives a priori:

‘It is too bad about English.  All of that wasted effort on other languages.  English is perfectly good but there are so many competing efforts that distract from a simple, powerful chain-of-letters – an alphabet.  If only we had an L’Académie française to manage, prune and develop the language in a directed rational manner.  Just look at all of these ridiculous languages used by just a fraction of the world’s population.  They are wasting scarce resources in maintaining all of those goofy spinoffs that do not really further the linguistic ecosystem as it is pointless redundancy.  They merely just reinvent the wheel time and again with projects on syntax, grammar and style.  It is too bad that English is not the only protocol used.  And since it does not have 100% market share it is likely that the entire linguistic endeavor will fail.  And fail hard.’

Skepticism is warranted for claims that in order for cryptoprotocols to be successful there needs to only be one cryptoledger in the world.  This is akin to saying that for the internet to be successful there needs to only be one website (e.g., Reddit), and all of us need to support it and only it.  People like choices; and consequently they have created alts.  And there is probably room for more.

As Carl Sagan purportedly said, “It pays to keep an open mind, but not so open your brains fall out.”  Therefore, keep a lookout for new opportunities but be wary of lemons and scams – these exist in every economic sector including this brave new world of cryptocurrency.  Conduct your due diligence and caveat emptor.

  1. Nick Szabo’s Essays, Papers, and Concise Tutorials []
  2. Economics of Bitcoin: Is Bitcoin an Alternative to Fiat Currencies and Gold? by Peter Šurda and The Economics Of Bitcoin – Challenging Mises’ Regression Theorem by Michael Suede []
  3. The Bitcoin Central Bank’s Perfect Monetary Policy by Pierre Rochard []
  4. Cryptocurrency gets real by Preston Byrne []
  5. One reviewer of this manuscript sees symbolic parallels with the works of Jean Baudrillard, a French philosopher, with respect to those who value and view cryptocurrencies as a sign rather than a repository. []
  6. For hundreds of years humans have used paper as an abstraction layer to describe, secure and exchange assets.  Many securities like shares of stocks and bonds are electronically traded globally.  But they use a trusted party framework requiring many middle men to provide auditing, approval and authentication. []
  7. See Namecoin and What are Namecoins and .bit domains? from CoinDesk []
  8. Merged mining []
  9. After attempts to modify Namecoin it became clear that a more elegant, native solution for asset tracking was needed in order for one blockchain to manage different “colors” or contracts. []
  10. I pronounce dogecoin, dogecoin.  See How Do You Pronounce “Doge”? from Slate []
  11. While nearly anyone with internet access and a bank account can currently purchase bitcoins for almost any amount of fiat, the psychological factor of receiving numerically large amounts of tokens as you mine (or hash) a block is evidently a self-rewarding mechanism.  And for new, inexperienced users, this entry point often serves as a jump off node into the Bitcoin ecosystem afterwards.  Thus if the goal for Bitcoin adopters and cryptoledger developers is to attract (e.g., marketing) and get more people interested in crypto-based services and solutions, then the community as a whole should be enthused that more people are joining the community through these new conduits.  Perhaps some users will get disenchanted if and when a memecoin like doge fails to live up to expectations (e.g., “to the moon”) but it is their subjective preferences and valuation of utility that determine market adoption, not by “rational” planners in any community. []

Acknowledgements

[Note: below is the Acknowledgements to Great Chain of Numbers]

I would like to thank the following entrepreneurs, businesspeople, experts, investors and thought-leaders for their time, views and feedback for this guide:  Derek Au, Steve Bennet, Nikos Bentenitis, Isaac Bergman, Vijay Boyapati, Vitalik Buterin, Preston Byrne, Zachary Caceres, Wences Casares, Raffael Danielli, Ben Davenport, Tuur Demeester, Mark DeWeaver, Joel Dietz, Charles Evans, Scott Freeman, Michael Goldstein, Ron Gross, Mike Hearn, Jon Holmquist, David Johnston, Petri Kajander, Zennon Kapron, Jeremy Kandah, Stephan Kinsella, Daniel Krawisz, Daniel Larimer, Adam Levine, Taariq Lewis, Jeremy Liew, Rui Ma, Hakim Mamoni, Robert McMillan, Amos Meiri, Jared Mimms, Alex Mizrahi, Kevin Moore, Tom Mornini, Chris Odom, Ryan Orr, Stephen Pair, Salvatore Delle Palme, Sean Percival, Jesse Powell, Chris Piaca, Celso Pitta, Mike Reid, Scott Robinson, Dan Roseman, Meni Rosenfeld, Robert Sams, Alan Safahi, Sebastian Serrano, Justin Simcock, Koen Swinkels, Nick Szabo, Alex Tabarrok, Stefan Thomas, Kyle Torpey, Eddy Travia, Stephan Tual, David Veksler, Jack Wang, Andrew White, Matthew Wilson, Yanli Xiao, Mike Youssefmir and Sean Zoltek.  The usage of handles: “cityglut,” “Graviton,” “PhantomPhreak” and “Uniqueorn,” is to protect the privacy of the individual.

Throughout the book I refer to their insights.  This is not an explicit endorsement of their opinions or services but rather serves as an on-the-ground reference point.  Nor by providing me with quotes do they endorse this book or my opinions.  Furthermore, in the interest of financial disclosure, I do not currently have any equity positions in the firms or companies discussed throughout, nor was I provided any financial compensation for the inclusion of companies or projects.

Preface

[Note: below is the Preface to Great Chain of Numbers]

With the help of many members of the community, I have written this short book for beginners, entrepreneurs and risk-takers who – having heard of a bitcoin or cryptocurrency, but knowing little about it – want to understand how algorithms can constrain governance and transfer value in a consensus-driven, voluntary manner.

Trustless asset management tools built on top of a cryptoledger such as Bitcoin or Ripple (which are tamper-proof) could not only reduce fees and redundancies in the developed world but also empower those in the developing world who are more easily marginalized as they lack political capital (guanxi).1 Cryptoledgers could also help governments and non-governmental institutions keep track of internal assets and reduce the barriers to financial services, leveling the playing field and allowing individuals from all walks of life to actually codify and manage scarce goods and value that they currently own in a more secure manner.

From securely automating parts of the financial industry (e.g., back-offices) to lowering transaction costs of international trade, this new type of mathematical tool – cryptoledgers – can be applied to many new segments and markets, some more obvious than others.  For instance, in January 2014 I was interviewed by Donald McIntyre who asked me why I was interested in cryptocurrencies and smart contracts.2 I explained that there are additional use-cases for using cryptoledgers to track property titles and contractual agreements that could be utilized not only in the developed world but also in developing countries like China.

While there are a number of analogies comparing the significance of these tools with historical equivalents – from railroad infrastructure, to operating system platforms – at their core decentralized applications like Bitcoin and its progeny have the potential to impact virtually any industry that is integrated with the internet.  And the insights from experts, entrepreneurs, investors and developers below illustrate many of the other uses that cryptoprotocols can provide and gives readers a foundation to build from and to explore.

There will likely be challenges and hurdles along the way, from embarking on educational outreach beyond early-adopters to carefully studying and complying with all the legal and jurisdictional issues of a particular instrument.

Yet there are also likely financial rewards for reducing the fees involved in remittances or providing more secure and robust mobile payments.  For instance, according to Gartner, “mobile payments will top $720 billion a year by 2017, up from $235 billion last year [2013].”3 Finding a way to build an application that provides value in this niche is just one area of disruptive potential that a decentralized or distributed cryptoledger can attempt to do without exposure to counterparty risks.

Finally, this manuscript is not an exegesis on the economic foundation or utility of cryptocurrencies.  While economists were consulted, this guide is an attempt to show the potential of changing how interactions and value can be transferred and managed in a manner that could not be technologically or mathematically done until this past decade.

This is an exciting journey and one that I believe will outlive and outlast the hype and hyperbole of both its largest ideological proponents and opponents.  In time some of the visions and claims may ultimately be vaporware, yet several have the potential to impact commerce the same way that the internet did 20 years ago and the PC did 35 years ago.  Let me help provide you with the knowledge that was distilled and shared with me over the course of my own educational process.

Tim Swanson

San Francisco, March 2013

  1. Guanxi (关系) is a confluence of connections and relationships.  While “knowing” the right person is always helpful in any country, the cultural and economic influence of guanxi is magnified in China.  Even with the proper funding and proper forms, if you do not have guanxi with the right officials or bosses (laoban), your project may never get off the ground. []
  2. Tim Swanson Talks About China, Bitcoin, And Smart Contracts from Newfination []
  3. Can PayPal Beat Apple, Google, Amazon And Icahn In The Wallet Wars? from Forbes []

Foreword

[Note: below is the Foreword to Great Chain of Numbers]

“It is a rare mind indeed that can render the hitherto non-existent blindingly obvious. The cry ‘I could have thought of that’ is a very popular and misleading one, for the fact is that they didn’t, and a very significant and revealing fact it is too.”  

Douglas Adams, Dirk Gently’s Holistic Detective Agency

The physical world has an intractable problem; things exist.

Whether a bar of gold or a bus pass, left to their own devices these valuable objects will not move or act of their own accord.  Furthermore, if you want to sell such an item, you have the unenviable task of finding someone who  would like that item from you, is willing to pay you in the thing you desire and is local enough to make such a deal logical.

Money used to have this problem; we used antiquated systems that move promises for dollars around the world at 1960 speed.  Bitcoin changed the equation, introducing the distributed ledger technology that allows value to change owner with no regard for where the transacting users are geographically located.

Bitcoin is to money what Smart Property is to ownership.   A fundamental reinvention of how things should work, and a better way.   The problems are not new, and the solutions enacted to this point were designed with that liability of physical existence in mind.

We are no longer constrained by this liability.

This all occurs against a backdrop of open source innovation and cooperative competition among the projects vying to “win” the battle for Bitcoin 2.0.  Where six months ago there were two projects, now there are eight, with new protocols announced at least monthly.

When Satoshi Nakamoto mined the Genesis Block, he had months before there was much competition for the tokens he was mining and years before the first competitor for his protocol emerged.   In this next generation there is no luxury of obscurity.  The race is on and the only sure winner is technological progress.

In the information age, technological optimization is often confused with technological progress.  Both are measures of growth, improvement in the lives of users of these technologies, but they are very much not the same thing.

Optimization is a purely additive process.  Moore’s law and the competitive nature of the free market demand that these items be made smaller and denser.  Faster and cheaper.  This is steady and predictable, and it can be mapped and planned for.

Sometimes optimization constitutes progress; but most real progress, paradigm shifting in implication, comes from doing something unexpected.  Intentionally or not.

You cannot plan for this.

You are not prepared for this.

But then, neither is anybody else.

So rejoice, because you got here first.  Consider the manuscript that follows your guide to the exciting world of smart property, and let me be the first to welcome you to the Future of Money.

Adam B. Levine
Editor-in-Chief, Let’s Talk Bitcoin! March 3rd, 2014

A long strange trip

What began initially as leftover tidbits of research written-up for another persons book about China, momentarily morphed into a newsletter for some potential overseas investors and ultimately culminated into a six month long, part-time endeavor that resulted in my first book.

Since “project-it-is-almost-really-finished” began in mid-October I moved apartments twice in Shanghai, broke a computer, flew across the country, took trains across the country, flew back and forth across the Pacific, nearly cracked my chest and came down with about a half dozen ailments.

There were also other personal trials and tribulations but thanks to the encouragement of my friends, family, coworkers and most importantly naysayers (no better motivation than people telling you, “you cannot do it”), I can finally look my old homeroom teacher in the eye (just the one) with confidence.

Where credit is due

While I mention them in my acknowledgements, I would like to thank the following people in further detail:

Mark Deweaver — it was fact-checking I did for his own groundbreaking book that initially spurred my interest in writing a potential manuscript.  His several hundred (who’s counting) email exchanges provided the basis and direction for the project.  He was also kind enough to write the foreword to the book.

Matt Garner — one of the smartest and well-read persons I have ever met (if you think I cite a lot of references in my book, wait until you meet this walking encyclopedia).  I met him this past summer while working at the American Chamber of Commerce and after reading an early draft of his upcoming book about marketing in China, that little light bulb dinged and the rest is history.  He also has a cooking show coming out, more on that at a later date.

Yanli Xiao — she acted as my personal editor, smoothing out grammatical and syntactical issues as well as providing much-needed Chinese perspective and go-to devil’s advocatery (sic).  Most people do not like being spammed draft-after-draft with revisions, she is the outlier (as is Raffael Danielli).

KY Leong — he provided several additional Chinese anecdotes and backstories that should enable Western readers to better grasp the nuances of Chinese culture (especially regarding guanxi).  Coupled with his economic training and diligent proof-reading, this book is much better off because of this.

Bill Bishop — does the man exist or is he simply a transcended bot powered by IBM Watson?  A few weeks ago when I interviewed Shaun Rein, he asked me “you mentioned Bishop in your acknowledgements, how do you know him?”  I chuckled because like most expats that spend any amount of time in China, you will probably come across Bishop’s fantastic Sinocism newsletter.  He even provided me with a thoughtful quote (in Chapter 12).  I am not sure how he does it, but Bishop manages to read and comb more China-related news that probably anyone on the planet.  Each day he publishes a curated list of 25-some-odd stories, many of which come from undervalued niches (like China Accounting Blog and Li-Ning Tower) that are now must-reads.  I probably would not have been able to complete this project solo if it had not been for this resource (be sure to donate to keep his free newsletter going).

My mom and sister for coming to Shanghai 18 months ago to help an ill son and brother.  And the rest of my nuclear family for fattening their kin up afterwards and teaching him the finer points of being Texan once again.

The Veksler’s, all three of them now (congrats!), for putting up with you-know-who.

Geoffrey Plauché, for giving me back my geek license and answering all of my tech support and Amazon-related questions.

And of course, for all the lunches, dinners, water-cooler-discussions, coffee breaks, phone calls, emails, text messages, Skyping, QQing, random run-ins; many more thanks to all the important people I mention in the acknowledgements who made this book possible.

Notes in the margin

The web-based version of the book is up top in a permanent static page (or you can grab a digital copy off Amazon).  The versions are nearly identical and up-to-date as of 12 hours ago (in addition to clearing out all my China-related RSS feeds, I intentionally waited for the Sinocism newsletter today before submitting the final draft).  One small formatting error is visible in the Kindle version.  There are a couple sentences in a few chapters that should have dashes or list bubbles but unfortunately they came out as ] brackets instead.  If there is a second edition in the future, this will be fixed.  The web version shows them correctly.

Speaking of Kindle, there is a new plug-in that Amazon just released for WordPress users.  I have tested it and it works but I may not use it for a couple of months due to  exclusivity issues with the KDP program.

Also, yesterday friend asked me how many Chinese names were changed to protect their identities.  At least 7, all of the doctors I spoke with in Chapter 19 as well as the Nanjing distributor.  Elsewhere, the TravelSky engineer and travel agent.  Family names are (mostly) correct.

Please let me know if you have any comments, suggestions or feedback regarding the book.  And be sure to bookmark the site, grab the RSS feed or add me on social media.  I plan to continue using this site as a venue for interviews, news and views related to East Asia and perhaps beyond.  Be sure to check back on a regular basis.

Foreword

[Note: below is the foreword from Great Wall of Numbers]

“Grey,” Goethe tells us, “is all theory, and green the golden tree of life.”  To really understand something, we need more than generalizations and a priori arguments.  We need “color.”

Unfortunately, most of what is written about China these days falls into the “grey theory” category.  Countless pages have been devoted to the China “model,” China’s “rise,” or even its “coming collapse.”  But little of this gives us any real feeling of what it’s like to live and work there.  Often we can’t see the trees for the forest.

This book is different.  It looks not at the “big picture” but at the myriad fascinating details that make it up.  We learn not that China will be “number one” but rather that Shanghai is home to the world’s largest skateboard park.  Not that China has “a billion consumers” but rather that Chinese college kids love NBA apparel.  Not that China is a “locomotive for the world economy” but rather that convenience stores in Bengbu, Anhui Province carry US-made razor blades.

There are less prosaic observations as well.  The Chinese are big Angry Birds fans, for example. China now accounts for 25% of worldwide downloads.  Recently Rovio, the maker of this popular app, even went so far as to turn Shanghai’s skyscrapers green to help launch a native version of its product.

These are exactly the kinds of details that matter if you are trying to formulate a business plan for the China market.  And their relevance goes well beyond the particular industries cited.  For the US exporter, for example, the important point isn’t that there’s a market for NBA apparel and razor blades.  The takeaway is that in China—a country awash in knockoffs—a “made in USA” label signifies a high quality product.

Indeed this book is full of interesting business ideas.  It looks at opportunities in everything from college textbooks to assisted living facilities, from fast food to Android apps.  China, it turns out, is not so much the land of a billion consumers as it is the land of unexplored niche markets.  The growth of the Chinese economy in general—and that of its middle class in particular—has created many surprising new worlds for entrepreneurs to conquer.

Naturally, there are risks to consider as well.  Local partners or employees may expropriate your intellectual property and set up competing businesses.  The regulatory environment can be full of nasty surprises, particularly for those lacking the right local connections.  Profits may be difficult to repatriate.  Again, readers will find a wide range of examples that help to turn China’s “unknown unknowns” into “known unknowns” if not “known knowns.”

As you begin to appreciate all this local color, some fascinating big picture issues come into focus as well.  Consider the potential of 3D printing, for example.  This new technology makes it possible to produce plastic products directly from a computer file, using special printer heads that deposit multiple layers of plastic to produce a finished product.  These machines are now available for as little as $2,199.

This process will enable many manufacturers to by-pass the supply chain altogether, going directly from idea to inventory in a single step.  It’s easy to see the advantages for foreign firms seeking to market specialized products in China.  The manufacturing could be done anywhere and the production runs kept arbitrarily small.

The implications for the US-China trade balance are even more important.  Once this technology is in widespread use, it seems likely that important parts of the Chinese manufacturing machine—e.g. manufacturing toys for export—may either be shut down entirely or have to be converted to serve local markets.

Learning about opportunities in particular sectors leads naturally to an understanding of much larger issues that “big picture” analysts easily miss.  Unlike the common practice of looking at China from “a thousand feet up,” a ground-level perspective provides insights into both the idiosyncratic features of specific industries and the overall macroeconomic situation.

Thus, this book will be useful not only to those looking for Chinese markets for particular products and services but also to anyone with a general interest in learning more about the country.  Whether you are looking for new worlds to conquer or just curious about the China story, this book will help you move beyond the “grey” plane of theory and abstractions into the verdant realm of economic reality.

Mark DeWeaver is the founder of Quantrarian Capital Management and author of Animal Spirits with Chinese Characteristics

Introduction

[Note: below is the introduction from Great Wall of Numbers]

It has become increasingly difficult to separate hyperbole and exaggeration from the story of China’s development over the past three decades.  This book was written in part to highlight both the opportunities and challenges facing entrepreneurs, companies and businesspeople wanting to do work in China.  I try to be as evenhanded and balanced as I can – this book vilifies neither bulls nor bears.  Rather it serves as a guide to those willing to take risks.

In short, this book is a testament to human ingenuity and entrepreneurship.  For those looking for a particular bias one way or the other, I point to Voltaire’s germane quote, “Le mieux est l’ennemi du bien” or in English, the best is the enemy of the good.

There is no shortage of excuses to invest or not invest in any domicile – irrespective of the political climate, level of debt, who won the World Series or astrological sign – yet it is counterproductive to be a fair weather entrepreneur.  Or rather, it is incredibly easy to complain and do nothing.  Consuming doom, reckoning and gloom, preparing for prophetical collapses that are always around the corner – fear sells and will always be a popular past-times for those wanting a complete reboot, revolution or some Pyrrhic nirvana.

Yet as I try to illustrate in the following pages, you do not have to be born into a family of entrepreneurs to have the desire to start a company and manage it profitably.  You just have to be open to new ways of doing business, even if the conditions are not ideal, perfect or “the best.”

And despite the eye-catching apocaholic analysis from those who have been predicting doomsday and eventual collapse – the Chinese, as I explain throughout, are by and large a hard working lot that have endured nearly every conceivable adjective.  They are constantly looking to improve their living standards, aspiring to the quality of life in the West by learning to uncover the secrets to American and Western innovative prowess.  In short, they are looking to provide a better future for their progeny.  Thus opportunities abound for the entrepreneurial spirited.

The book includes dozens of stories, anecdotes and interviews about experiences, opportunities and challenges on the mainland.  I should point out that because of the dynamic nature of all the industries I delve into, the data and statistics cited will become quickly outdated.  This is not a bad trend itself but rather goes to show you the relative vibrancy and opportunities of the creative destruction process which take place in any open marketplace – even a relatively encumbered one on the mainland.

Throughout the book I mention friends, colleagues, experts, professors, businesspersons, former students and acquaintances.  This is not an explicit endorsement of their opinions or services but rather serves as an on-the-ground reference point.  Nor by providing me with quotes do they endorse this book or my opinions.  Furthermore, in the interest of financial disclosure, I do not currently have any equity positions in the firms or companies discussed throughout.

In addition, as Sagan, Russell and Oppenheimer are all believed to have said, “keep an open mind – but not so open that your brain falls out.”  Or as Dean Stamatis recently reminded me: “figures do not lie, but liars do figure.”  In fact, one alternative working title I had considered was “seek truth from facts” (实事求是) a historical expression that dates back to the original Book of Han some two millennia ago.  Thus even though I cite hundreds of references, be skeptical of any claims, especially when risk and uncertainty is involved.  In short, be sure to do your own due diligence.

And as a close friend once told me when I first moved to the East, for those unfamiliar with Asia and specifically China, it is better to know something than know nothing.  That is what this reference guide is for, look a little before you leap into the unknown.  To those trying to find business opportunities in the likeliest and unlikeliest of places: jiayou, jiayou!

Tim Swanson

Shanghai, March 2013

Acknowledgements

[Note: below are the acknowledgements from Great Wall of Numbers]

I would like to thank my colleagues at the American Chamber of Commerce in Shanghai: Julia Bakutis, Kimberly Chang, Raffael Danielli, Matt Garner, Chia Lian, Eric Meng, Veli-Antti Ruismäki, Miles Vaughn and of course Wally Yu.  Also thanks to my colleagues at EF: Courtney Conching, Ian Flores, Fabian Garcia, Bonnie Gu, David Hopcraft, James Miller, Keegan Mulaney and Neo Wang.  Special thanks to Kevin Ciu, Mark DeWeaver, Jing Gao, K.Y. Leong, Vincent Lu, Geoffrey Plauché, May Wang, Yanli Xiao, Jason Xu and Haifen Yang for their comments and encouragement.

I would also like to thank entrepreneurs, professors, experts and businesspeople like, Eric Azumi, Wendy Bao, Nira Binderer, Bill Bishop, Yolanda Bo, Andrea Chang, Larry Chang, Adam Clemans, Colin Colenso, Harry Ding, Lawrence D’souza, Scott Freeman, Kirt Greenburg, Dan Harris, Gary Isse, Richard Johnsson, Alan Kahn, Stephan Kinsella, Maggie Li, J.J. Liu, Shawn Mesaros, Pieter Nooren, Richard Qi, Jianchu Qian, Shaun Rein, Adam Remington, William Song, Dean Stamatis, Cathy Su, Xuerong Su, Pat Sullivan, David Tang, Mark Thornton, David Veksler, Glenn Wilkinson, Becky Wu, Fred Xu, Jenny Xu, Kyron Yang, Charles Zeng, Lin Zhang, Peter Zhang as well as all of the other unnamed sources and individuals who offered their time to provide quotes and interview talking points.  The names of several sources were changed to protect the privacy of the individual.

In addition, I would like to thank my family for their support and assistance during this past year as it could not have been done with them.

Chapter 1 – Potential market size

[Note: below is Chapter 1 from Great Wall of Numbers]

Should you and your company come to China?

There is no simple clear-cut answer for everyone.  As you will find out, each market segment is different from the next.  Each faces a wide variety of domestic competition and regulatory hurdles.  Throughout each chapter I attempt to do cursory due diligence by looking at current market statistics and use anecdotal stories to illustrate both the opportunities and challenges of setting up shop on the mainland.  Along the way you will hear the experiences and opinions from a number of experts through a variety of tapped and untapped revenue sources.

For example, Jim Chanos, founder of Kynikos Associates, is a New-York based hedge fund manager and short seller.  Among other cautionary tales, over the past several years he has repeated one particular story about China.  A story of two American men, who spoke Chinese, made the right connections, did their due diligence and yet barely got out of China with their shirts still on.1

His is a shrewd and important tale – a twist of caveat venditor.  And despite their acumen this kind of harrowing story can arguably happen anywhere.  Moreover just like the US muddled on despite the 2008 financial purges and Ponzi schemes such as Bernie Madoff’s, so too will China lumber on irrespective of its booms, busts, frauds and scandals.  This is not to say there will not be large purges of misallocated, unproductive assets.  As Ludwig von Mises might have said, a priori you can never buck market calculation and market corrections.2  Yet this is not to say the Chinese industrialization story will collapse or meltdown either.

A potential market for revenue generation

With more than 1.35 billion people, China is the most populous country in the world and will remain so for at least another 15 years.3

Yet just because there is a large potential market does not mean you can magically sell a $1 cup of coffee to everyone and instantly become nouveau rich.  Or as one of my sarcastic students told me years ago: in China, if you scam everyone in the country just once, you can become a billionaire.  More to the point, as Matt Garner discusses in his forthcoming book on marketing in China, the domestic home shopping industry has been filled with these types of cons and frauds (e.g., buying a gold brick – as seen on TV – yet receiving a flimsy cardboard cut-out in the mail).4 And as I discuss later in Chapter 3, consumers are becoming increasingly savvy and vigilant to such get-rich-quick scams.

So how big is the actual market for goods and services?  Following Deng Xiaoping’s “reform and opening up” in late 1978, GDP has grown from approximately $10 billion to over $8 trillion.  At the same time, one estimate shows that consumer spending as a percent of GDP has fallen from 50% to just under 35% over the past 15 years; yet a newly revised government report suggests the number may be much higher at 55% and another estimate is even higher at 65%.5 Either way, there are still growth opportunities if you know where to look and are willing to take risks.  After all, 35% of $8 trillion is still much larger than 65% of $1 trillion let alone $10 billion.

What does this mean for Western companies, your company?  The US is the 2nd largest exporter and according to the Economics & Statistics Administration exports reached a record $2.1 trillion in 2011.6  In fact, according to BusinessWeek and Bureau of Economic Analysis, September 2012 was another record month for exports, hitting $187 billion.7 Overall exports rose an additional 4.4% in 2012.8 Yet despite the fact that as of 2012, roughly 95.5% of all potential customers (e.g., world population sans the US) and 67% of all purchasing power reside outside of the US, relatively few US firms currently export.9

Moreover, as I discuss later in Chapter 7 according to the US Department of Commerce, as of 2010 in terms of US Small & Medium Enterprises (SME):10

  • Only 1% of US SMEs export
  • And only 10% of those that export, export to China

There are a number of reasons for relatively low participation including nebulous legal frameworks.  But it is also surprising because despite the readily accessible markets made available due to standardized shipping container sizes, liberalized trade agreements, ISO certifications resulting in ‘best practices’ and overall streamlining of supply chains, merchants across the globe – and in the US – have never had it easier than today.11

Yet if you are reading this, odds are your company does not export either.  In fact, depending on the source, up to 95% of US firms simply do not even have an international market strategy.

More to the point, on top of the approximately 30,000 SMEs that do export to China, typically only the top 500 US firms generate significant sales outside of the US.  Why do you and your company not export?  As you will find out, your brand is probably considered a step-above locally made goods and services.  In fact, as I note later in Chapter 4 and Chapter 11, luxury goods and services are one increasingly large source of income for US firms like Howard Johnson hotels and Coach handbags – both of whom have taken advantage of the local market perception that “foreign” is better quality.  Similarly, in Chapter 16 I also discuss how fast-food chains like KFC and Starbucks use a number of logistical and perception strategies and now generate more revenue in China than anywhere outside the US.  Can your company do the same?

In December 2012 I spoke with Kirt Greenburg, then-director of the SME center at the American Chamber of Commerce in Shanghai.12 According to Greenburg, “one of the reasons that there are statistically few SMEs that export is because the US has such a large domestic market capable of sustaining a large pool of local competitors fueled solely by domestic trade thus US SMEs can usually grow quite large just by focusing on North America.  And coupled with obstacles such as known regulations and fears of unknown hurdles, this has prevented many SMEs from looking at ways to export.  Yet there are enormous opportunities in China as it is still a large growth market.”

There are also a large number of resources and support networks.  For instance, “there are several SME centers at other Chambers including the EU and New Zealand that provide open research, business connections and even resources to aggregate and leverage databases from both governments and NGOs.  For example, the SBA program offers a $10,000 grant to US SMEs to ‘go and explore’ in China.  Yet few people, including myself until recently, even knew this type of program exists.  Many SME centers, including ours, also includes both manpower and physical space to help enable entrepreneurs and businesspeople to utilize our knowledge and business connections throughout the day.  In fact, our SME center really could be described as a marketplace for ‘best practices’ and ideas in general.”  Later in Chapter 15 and 20 I detail some of the other subsidies and perks that some Chinese municipalities and trade zones offer to foreign firms, specifically software and engineering companies.

In terms of why there is a relatively low percentage of SMEs that export, Greenburg noted that, “anecdotally it can be a laborious task to find domestic partners, domestic customers and domestic vendors that you can immediately trust on the mainland.  Vetting a partner can take a long time because there is no Better Business Report or D&B report.  Yet through the Foreign Commercial Service, this task may become relatively easier in the future.  Furthermore, one of the reasons why there may only be 1% of SMEs that export in general is that there are a large amount of SMEs in the US and other countries that do not have an easily exportable service, such as one-on-one consultations at dentist offices, barbershops or music lessons.”13

This absence of independent business monitoring may present an opportunity for foreign firms that specialize in business forensics and customer reporting to provide similar services on the mainland.

This is not to say that in a role reversal, exporting products to the US is any easier.  For example, Greenburg thinks “regulations for foreign firms exporting to the US would probably be just as problematic in some cases as they are in China.  Furthermore, most commerce in the US is actually conducted at the state-level, which requires additional legal knowledge just as it does at the provincial level in China.  Yet, one of the issues that SMEs – both foreign and domestic – have to take into consideration on the mainland is the grey regulations that vary from city to city.  Whereas there is an income tax levied by the federal government on all US citizens regardless of location, in China, municipalities have considerable leeway and flexibility to implement national laws.  For example, last year a new social security tax on foreign workers was passed at the national level in Beijing, yet the Shanghai municipality and many others have not begun levying the tax yet.”  On a national level this specific law went into effect on October 15, 2011; I discuss tax issues later in Chapter 10.14

Market access

According to the US Department of Commerce, 91% of world GDP (sans the US) is generated by countries with whom the US does not currently have a Free Trade Agreements (FTA) with, yet FTA countries alone represent 41% of total US exports.15 While there is currently no China-US free trade agreement, there have been numerous bilateral agreements reducing trade duties and restrictions.1617 Furthermore, US firms have invested more FDI into China than any other developing country this decade and the two countries (sometimes referred to as Chimerica or G2), with $446.7 billion in bilateral trade in 2011, are among each other’s largest trading partners.18

After Canada and Mexico, China is the 3rd largest destination for US exports.  In 2011, US exports to China hit a new record of $105.3 billion.  Among the largest products that US firms collectively exported were agricultural, as I discuss later in Chapter 3 (in 2011, China imported $20 billion in US agricultural products).  And due to the domestic demand for safe and reliable products, Chinese consumers are increasingly turning to imported products (also discussed in Chapter 3).  Thus even if you have not looked at the market, there are still untapped opportunities on the mainland, including sports consulting (Chapter 8), software development (Chapter 13) and entertainment (Chapter 14).

Big hurdles

Towards the end of the book I describe at length some of the bigger macro hurdles that foreign and domestic firms will face on the mainland.  There are specific industries that will be more difficult to operate in than others.  For example, at a national level Chinese policy makers consider roughly a dozen areas to be key strategic industries.19

This includes Energy, Media, Telecommunications, Railways and Finance.  As a consequence the national government attempts to foster and nurture domestic firms at the expense of international and foreign competition.  All told there are roughly 110,000 to 150,000 state-owned enterprises (SOEs) supported and managed by townships, cities, provinces and nationally within China (down from 1.2 million in 1995).2021 They contribute to roughly 62% of the annual GDP.22

In addition, roughly 100 SOEs such as China Mobile, Xinhua and Sinopec are afforded the equivalent of VIP status, granted financial priorities and regulatory leeway.

Yet even within these government champions are opportunities for outside, international participation.  While most Fortune 500 multi-national companies have permanently established a presence on the mainland, there is still ample room for foreign SME’s and consulting firms to participate in a bevy of other industries such as education, social media, athletics and even in government procurement.  In fact, in 2011, government procurement amounted to about $179 billion.23 And following a series of reforms, foreign firms are now permitted to bid on government procurement projects.  With that said, China is currently not a signatory to the World Trade Organization (WTO) Agreement on Government Procurement (GPA).24

So if you are a bidder in a procurement project, be cognizant and aware that you will be unable to make a case and petition the WTO in the event that issues arise.25

With a $8.28 trillion economy, despite a seemingly Byzantine regulatory climate, capturing even a small portion of market share means there may be opportunities and rewards for those creative and enterprising enough to locate them.26 As I note later in Chapter 5 and Chapter 10, policy uncertainties and hurdles will create challenges for both foreign and domestic companies.

For example, China Securities Regulatory Commission (CSRC) – the equivalent of the SEC – routinely compels a dozen or more SOEs to prop up the stock market, to prevent the Shanghai stock index from falling below 2000; which it momentarily did for the first time in four years in November 2012.2728 While this revelation is neither new nor proprietary it creates a dilemma for investors who are “more concerned with the decisions of regulators than the valuation of companies.”29 This would be akin to refocusing on (and lobbying) referees at a sport event rather than the actual game.

Another requirement for nearly all imported goods is obtaining the CCC or China Compulsory Certificate.  This mandatory CCC mark, which typically takes 4-8 months to receive, is administered by the Certificate and Accreditation Administration, which maintains a list of products that are required to meet this certification process.3031 Failure to obtain and complete the application ends with a denial of market entry.  Another issue is proper labeling and packaging.  For example, beginning April 2013, all imported medical devices will be required to have packages and labels written in Chinese.  Failure to do so will again prevent the manufacturer and sponsor from being able to market their products on the mainland.32

Taxes and duties are another issue that is sometimes overlooked.  The General Administration of Customs (海关总署) periodically revises a list of products and their corresponding tariff rates.  For example, as of April 15, 2012, while some goods are taxed at 10% (e.g., food, beverages, leather garments, furniture), others are levied up to 50% (e.g., cosmetics, tobacco, alcoholic beverages) and still others such as luxury goods are charged a 60% tax rate.33 In some cases if you import goods worth less than 5,000 yuan ($800) then you may not have to pay a tax on them.34 One personal anecdote involves sending jewelry (gold and diamonds) from the US to China via FedEx in December 2011.  The jewelry was held up in customs at Shanghai’s Pudong airport because of import restrictions; I was required to pay a duty tax due to its value exceeding the 5,000 yuan limit.  And as I note later in Chapter 11, it is these types of taxes which incentivize Chinese consumers to travel overseas to buy goods which can then be claimed as “personal belongings” upon return, thus removing tax liabilities and saving money.  There are also 15 special economic zones (经济特区) also called free-trade zones that are allowed to set their own import regulations and duties and as a consequence are relatively popular for establishing joint-ventures and foreign trade operations.3536 In addition to areas such as Shanghai’s Waigaoqiao and Ningbo’s free trade area, these zones also include the special administrative regions (SAR) of Hong Kong and Macau and are credited for the subsequent economic booms in each of the mainly coastal cities.

Another nebulous challenge which varies from location to location is transaction costs involving government and quasi-governmental support and approval.37 In some industries in order to start-up a business you may not only have to acquire businesses licenses but also directly work with governmental bodies to set up operations.  In some instances you may even need to have a government policy and market policy, or in other words, you need to have resources and labor to interface with policy makers as well as with market participants.  There is no set generalized rule about these transaction costs and thus discussing these issues with a lawyer is highly recommended since the Foreign Corrupt Practices Act (FCPA) and UK Bribery Act are both actively enforced (see Chapter 10).

Yet despite all of these known hurdles (more of which are discussed in later chapters), and what your due diligence may discover, there still may be a profitable case for doing business on the mainland.  Failure to do so, your firm could follow the unfortunate footsteps of Caterpillar, who recently took a $580 million write-down at a subsidiary that acquired a Hong Kong listed firm (ERA Mining) off an acquisition price of $654 million.3839

Yet for perspective, China is the world’s largest car market, the largest motorcycle market, the largest smartphone market, the largest art selling market, the largest online game market, the largest population of online shoppers and even the largest gambling market.40 How large are these potential markets?  For instance, in 2009, China surpassed the US as the largest vehicle market globally and approximately 19.3 million automobiles were sold in China in 2012.41 By 2015 it is estimated that the Chinese car market will be larger than the US, Japan and Germany combined.424344 And by 2016, McKinsey & Company – a global management consulting company – estimates that China will surpass the US as top luxury car market.45 There are now 240 million vehicles on the mainland and 20 million more vehicles will be sold this year.46 Furthermore, according to Michael Dunne, an Asian-based car market consultant, “[of] the projected 2.3 million American-branded cars Chinese will buy this year [2012], an astonishing 96% will be made in China.”47 And this growth rate has largely occurred in less than a decade.  For example, in 2004, the market for Land Rover vehicles on the mainland was a mere 1% yet has subsequently surged to 20% of Land Rovers total sales last year.4849 There have been similar growth rates in other areas.  For instance, with 290 million smartphone owners, this market itself is expected to double in size within the next year.50 Can you provide goods and services within these segments?

Local fluctuations

One term you may see throughout the book is the yuan (renminbi or RMB) which is the name of the currency in China.  As of March 2013 approximately 6.22 RMB was equal to $1 USD.  How often does this fluctuate?  In the first half of 2012 it depreciated by almost 1.5% but in October 2012 it gained back .75%.  While all major currencies in the Post-Bretton Woods monetary system fluctuate relative to one another, the key takeaway is that the RMB itself is not free-floating.51 It is managed on a band peg set daily by the People’s Bank of China (e.g., the central bank pegs the rate each day and the currency can move up to 1% in either direction).52

What are the average annual salaries of Chinese residents?  As I noted later in Chapter 15, according to 2011 official figures, the per capita disposable income for rural residents was $1,100 and their urban counterparts was $3,430.535455 But there is also a significantly large outlier at the top-end, according to Hurun’s 2012 list of richest people in China there are now more than a million USD millionaires on the mainland, a number that is estimated to increase to 1.9 million by 2015.5657  And according to a recent Boston Consulting Group study, the number of affluent Chinese (those with disposable incomes of at least $20,000 to $1 million) will double from the current 120 million to 280 million by 2020.58 While these numbers will probably fluctuate and may even dip due to fallout from real-estate bubbles, this suggests that there are potential customers at various price points your company is looking to sell at.

I should also point out that I purposefully avoided analyzing most industries that are nationalized as well as those directly affected by the recent investment business cycle, specifically residential real-estate and commodity exchanges.

Gaining and trading guanxi

While I mention it in passing several times, guanxi (关系) is a unique cultural phenomenon involving personal connections and trust networks and I think Matt Garner describes the phenomenon most concisely for Western audiences:

[Guanxi is] one of the big cultural disconnects I would always see between American and Chinese business people. Americans are results oriented. But Chinese are relationship oriented.  When the Americans come they have a specific set of objectives to meet.  They come to the table with those goals and hope to meet them in a few days.  Asians, on the other hand, typically want to first make the relationship.  It’s like a marriage arrangement. You want both sides to know and trust each other first.  This is especially true in China since contract enforcement mechanisms in most of the country are still developing, thus making trust and mutual respect mission critical.  A first round negotiation is more of a meet and greet than anything that gets tangible results.59

While building rapport and trust is important for all long-term business relationships in any country, guanxi is a unique cultural trait that is established first before any business transaction is carried out.  Moreover, such a relationship (guanxi) can only be built and reinforced over time through repeated virtuous performance, and not easily given to quick introductions and a handshake (as is the practice in the West).  Hence the seemingly endless rounds of elaborate dinners, karaoke nights and mahjong sessions to establish and maintain guanxi.  For example, Anschutz Entertainment Group (AEG) is an American company that operates the Staples Arena in Los Angeles and the Mercedes-Benz Arena in Pudong, Shanghai.  As part of their long-term expansion plan they have hired local salespersons and managers to build guanxi and relationships with local suppliers and officials.  In doing so, they can cement mutual trust among all stakeholders and provide a communication channel for all future business.  In addition it is an expandable resource as whomever you have established guanxi with can now introduce you to their own trust networks and connections.

Is this merely the exception rather than the rule?  No.  For LinkedIn, out of its 200 million global userbase, only 1% comes from China.  Why?  Professor Wei Wuhui of Jiaotong University opines that, “I don’t think the Chinese middle class has the same needs in terms of professional networks as people in the West, because of the concept of guanxi.  In China people do not want to meet with people they don’t know. The Chinese have a culture based on relationships among family members and close friends.”60 Thus do not necessarily count on using Western networking methods to procure and build contacts – or as the expression goes, when in Rome.

And as Larry Chang, Charles Zeng and other entrepreneurs point out in interviews later on, one of the biggest challenges for any foreign firm is initially building these social connections, these trust networks that every Chinese businessperson and consumer has.  Yet overcoming this cultural challenge is a struggle for anyone even mainland residents.  As the saying attributed to Joseph P. Kennedy and Knute Rockne notes, “when the going gets tough, the tough get going.”  If becoming a successful entrepreneur was easy, we would all be fùwēng (富翁).

Takeaway: With the 2nd largest economy and an increasing demand for foreign-made products and services, China may be a new source for customers and revenue generation.  As detailed in the following chapters each industry has differing market access characteristics.  Furthermore, there are a variety of ways to sell your products directly to Chinese consumers, even without physically opening an office on the mainland (see ExportNow in Chapter 7).  Yet there are any number of policy and domestic hurdles that may present challenges to all foreign companies – challenges that as I repeatedly stress throughout the book require you to do your due diligence before making any substantial investments.  Furthermore, how you attract brand awareness, generate leads and manage customer relationships are tactical decisions that will vary according to industry – some of which are detailed in the following chapters.


Endnotes:

  1. The name of the book is Mr. China: A Memoir by Tim Cissold. During his April 12, 2010 show, Charlie Rose interviewed Jim Chanos, Chanos briefly discussed the story:

    “There’s been a couple wonderful books, including one called “Mr. China” about two investment bankers who set up shop right after Tiananmen Square. They spoke Mandarin, they were connected. They hired the kids of the high party officials. And they couldn’t have gotten it more right from a big-picture point of view. And they wrote this book a number of years later on how they were lucky to get out with their skin. They were completely bankrupted by China.” []

  2. Economic Calculation in the Socialist Commonwealth by Ludwig von Mises []
  3. Due to the one-child policy and outward immigration, according to UN demographers, ceteris paribus China will hit a peak population within the next 20 years.  India will likely eclipse China during this time frame in large part because its birth rate remains above the 2.1 replacement mark.  In contrast, China’s birthrate is effectively 1.47 per mother.  This is further discussed in Chapter 18.  See also Birth rule could be relaxed from China Daily, Peak toil from The Economist and One-child policy shift won’t usher in China baby boom from Reuters []
  4. Red Flags: My Years in a Chinese Company by Matt Garner (forthcoming)  []
  5. See China’s Golden Rule of Consumption by Yukon Huang and China unlocks right kind of growth from Financial Times and Chinese shoppers are thriving from Financial Times []
  6. U.S. Exports Top Historic High of $2.1 Trillion, Support 9.7 Million Jobs from the Economics & Statistics Administration []
  7. See Record Overseas Sales Boost U.S. Growth from BusinessWeek and U.S. International Trade in Goods and Services from the Bureau of Economic Analysis []
  8. Surprise! U.S. economy likely grew in fourth quarter from Reuters []
  9. Another reason to export is that the long-term potential for emerging market annual consumption is expected to reach $30 trillion by 2025.  See Winning the $30 trillion decathlon: Going for gold in emerging markets from McKinsey Quarterly []
  10. Opportunities for U.S. Small and Medium Business in the China Market from the American Chamber of Commerce in Shanghai []
  11. The Box: How the Shipping Container Made the World Smaller and the World Economy Bigger from Marc Levinson []
  12. American Chamber of Commerce in Shanghai SME Center []
  13. See Better Business Bureau, Dun & Bradstreet, US Commercial Service and the 2012 US Commercial Service report: Powering Export Growth []
  14. Foreigners Set For Social Benefits from Shanghai Daily []
  15. Free Trade Agreements from the International Trade Administration []
  16. US lawmaker urges investment treaty pact with China from Reuters []
  17. This is not an endorsement that the WTO and managed trade agreements are supposedly the manifestation and embodiment of pure free-trade.  Yet some trade is better than no trade.  Or as Frédéric Bastiat purportedly said, if merchants and goods do not cross borders, armies will.  Yet due to relatively freer trade channels, merchants (especially in the West) have access to more potential trade channels than at any time in history.  See Who Said It? by Don Boudreaux and Biography of Frederic Bastiat by Thomas DiLorenzo []
  18. According to Eric Jay Dolin’s new book When America First Met China, this trade-based relationship goes back 225 years.  See How the China Trade Helped Make America from The Daily Beast, China’s 2011 foreign trade surges 22.5% from China Daily, Statistical Communiqué on the 2011 National Economic and Social Development from National Bureau of Statistics of China []
  19. Historically these “heavy” or “key industries” are called the commanding heights, a term that was first coined by Vladimir Lenin during the first years of the Soviet Union.  See The Commanding Heights : The Battle for the World Economy by Daniel Yergin and Joseph Stanislaw []
  20. China’s PE Industry Grows More Challenging for Foreign Players from Global Intelligence Alliance []
  21. According to a recent estimate, by one measure state employment in China may have decreased 25% between 2002 and 2009.  Although several questions remain unresolved, did the author include listed SOEs (e.g. ICBC) or LLC’s that are subsidiaries that are wholly owned by SOEs?  See A Shrinking Leviathan: State Employment in China Looms Smaller Than Expected from Peterson Institute for International Economics []
  22. It is relatively difficult to gauge the exact number of SOE contribution to GDP in part because numerous suppliers and vendors – while technically private – exclusively do business with SOEs thus further blurring the distinction between private and public.  Another lower estimate is 40% of non-agricultural GDP is generated by SOEs.  For comparison, in 1995 there were 1.4 million SOEs on the mainland.  See China’s New Place in a World in Crisis: Economic, Geopolitical and Environmental Dimensions edited by Ross Garnaut, Ligang Song and Wing Thye Woo, A Glance At Chinese State-Owned Enterprises from CNPolitics and Beijing Lines out Rout for Central SOE Reforms from Caijing []
  23. China government 2011 procurement totals 1.13 trln yuan from Xinhua []
  24. China announces next step in joining Government Procurement Agreement from the World Trade Organization []
  25. Foreign firms in the procurement business also face stiff domestic competition with “buy China” policies at various governmental levels on the mainland.  See Chinese gov’t departments told to “buy China” from Xinhua []
  26. See GDP grows 7.8% to top $8 trillion from China Daily, The state advances from The Economist and China still lags US in trade from China Daily []
  27. In December 2012 it subsequently surged in the highest daily gains since October 2009 due to policy changes in the Qualified Foreign Institutional Investor program (QFII合格境外機構投资者).  See China Scraps QFII Limit on Sovereign Funds, Central Banks from Bloomberg, China’s Stocks Drop Below 2,000 from Bloomberg and China stocks fall below 2000 to 4-year low from South China Morning Post []
  28. On the other side of the coin is the view that these stocks are now relatively cheap or a “bargain buy.”  See Analysis: “Caveat emptor” as foreigners rush to ride China rebound from Reuters []
  29. With Great Power Comes Great Responsibility from Peterson Institute for International Economics []
  30. Certification and Accreditation Administration of the People’s Republic of China []
  31. For a step-by-step procedure, see Starting a Business in China from the World Bank.  See also New Path for Trade: Selling in China from The New York Times []
  32. See China gets tough on labelling and packaging of medtech by Katherine Wang and 国家食品药品监督管理局关于规范境外医疗器械标签和包装标识的通知 from the SFDA []
  33. See China Revises Categorization of Imported Goods and Tariff Rates from China Briefing, Import taxes ‘will be cut’ this year from China Daily and China Voice: Keep China’s big spenders at home from Xinhua []
  34. Some airlines such as Air China explain this duty free limit (5,000 yuan) to passengers who are required to declare assets upon landing.  Mainland airports have similar restrictions as well.  See More duty-free shops in Hainan from China Daily and Customs And Visas from Air China []
  35. Free trade zones are clearly the way to go from China Daily []
  36. Shanghai gives green light to duty-free store from China Daily []
  37. As a Chinese colleague recently pointed out, there is a Chinese saying guan zi liang ge kou (官字两个口).  It is literally translated as ‘the character for “official” (guan) has two mouths’ – but actually means ‘there is no such thing as singular truth in officialdom.’  This explains the distinctive trait of the traditional Chinese businessperson’s distaste and disinclination to involve the official court in all matters concerning business dealings.  Hence, the preference, for many centuries, among Chinese business people, has been to first establish a good and dependable relationship with prospective partners prior to the actual transaction and execution of (unofficial) agreements.  The basis of a good relationship is xin yu (信誉) or a strong reputation for honesty and integrity – this is an important virtue called xin (trust) of the classical Confucian gentleman. []
  38. See Cat Scammed: How A U.S. Company Blew Half A Billion Dollars In China from Forbes, Caterpillar Still Investigating Chinese Accounting Discrepancy from Bloomberg, Ex-chairman of firm linked to Caterpillar fraud “dismayed” from Reuters, Caterpillar Tracks a Wayward China Path from The Wall Street Journal and New twist in Caterpillar-ERA saga from Financial Times []
  39. For an overview of common accounting mistakes that have been used in scandals in China be sure to read: The simplicity of Chinese accounting scandals from Quartz []
  40. China is also the largest motorcycle market.  See Global and China Motorcycle Industry Report, 2012 from PRNewswire []
  41. Vehicle sales overtake Europe in 2012 from China Daily and 2012: Slowing growth, maturing market from China Daily []
  42. An estimated 20.65 million automobiles are expected to be sold in 2013.  See China 2013 Auto Sales May Accelerate This Year to Top 20 Million from Bloomberg, China Slowing Auto Sales Still Eclipse U.S.-Japan-Germany: Cars from Bloomberg and China’s vehicle sales remain in doldrums from Financial Times []
  43. One of the issues facing policy makers is traffic congestion.  Each city handles it differently, some auctioning off license plates to residents.  The cost of license plates has increased as cities have become denser and more affluent.  In Shanghai for example, in the recent license plate auction held in January 2013, the average price for a plate was $12,000.  See Shanghai’s Newest Luxury Item: The License Plate from The Wall Street Journal and Shanghai licence plates ‘precious as gold,’ says vice mayor from South China Morning Post []
  44. Used car sales are increasing faster than new car sales on the mainland and may be an opportunity for foreign auto dealers with experience in this segment.  4.8 million used cars were sold in China in 2012 compared with 15.5 million new cars.  Used car sales are expected to double to 10 million in the next three years.  For comparison, in the US the used car market is four times the size of new cars.  See Coming of age: China’s used car market outpaces new sales growth from Reuters []
  45. China to surpass US as top luxury car market: study from Agence France-Presse []
  46. China Vehicle Population Hits 240 Million as Smog Engulfs Cities from Bloomberg []
  47. ‘Imported From Detroit’ Is a Good Idea in China, if Only… from The Wall Street Journal. []
  48. Modern facilities, global reach for Jaguar Land Rover from China Daily []
  49. Many other luxury cars continue to sell well on the mainland.  For example, in 2011 Chinese consumers overtook the US in purchases of Rolls Royce vehicles; although in 2012 US consumers retook the “torch” which may again be handed off in 2013.  See U.S. Overtakes China as World’s No. 1 Buyer of Rolls-Royce from The Wall Street Journal []
  50. According to Flurry, by the end of February 2013, China had 246 million smart devices compared with 230 million in the US.  See iPhone 5 hits China as Apple market share slips from Reuters and China Knocks Off U.S. to Become World’s Top Smart Device Market from Flurry []
  51. See China to pursue renminbi internationalization on market-oriented basis: central bank vice governor from Xinhua, China’s Next Step on Yuan Is Convertibility, Zhou Says from Bloomberg and Full convertibility of the yuan ruled out from China Daily []
  52. In terms of whether the currency is undervalued or overvalued, the only way of knowing for sure what the open market rate “should be” is to float the currency.  By one measure, according to The Economist’s annual Big Mac Index, despite the appreciation over the past several years, the yuan is still “undervalued” by 40%.  See Calories and currencies from The Economist []
  53. Modern China: A tale of luxury villas and displaced villagers from McClatchy []
  54. According to estimates from the World Bank, gross national income per capita in China was $4,940 in 2011. []
  55. Charting China’s Family Value from The Wall Street Journal []
  56. China has 1m multimillionaires: Hurun report from China Daily []
  57. Why Rich Chinese Are Investing Overseas (It’s Not What You Think) from The Wall Street Journal []
  58. Report: China ‘Affluent’ Population to Hit 280 Million by 2020 from The Wall Street Journal []
  59. Red Flags by Matt Garner (forthcoming) []
  60. LinkedIn, others face challenges against China ‘guanxi’ from South China Morning Post []

Chapter 2 – Selling books and content

[Note: below is Chapter 2 from Great Wall of Numbers]

In the Spring of 2009, a young freshman named Cena asked me a question (as in WWE John Cena – many men in China enjoy the drama of World Wresting Entertainment).

Cena said, “Mr. Swanson, what do American college students do with their textbooks after the semester is over?”

I replied, “If the class is offered again, we can usually sell them back to bookstores near campus or to online buyers, though sometimes students simply throw them in the recycling bin too.”

Cena thought for a moment and then said, “Why don’t you sell them to China?  Our books are sometimes of lower quality and outdated.”

He raises a good point, what are the logistical and legal challenges of gathering and exporting used American textbooks to mainland China?  Is there any profitable business model that we can use to compare the potential market opportunity?

Founded in 1972, Half-Price book store is a Dallas-based company that buys and sells used books.  Yet despite this seemingly simple business model – buying used books and selling them – the company has grown to operate more than 100 stores in 15 states.

Could you sell used books like Cena suggested?  While establishing a brick-and-mortar store front in an increasingly digital age probably may not be financially justified, there are also regulatory hurdles worth considering (e.g., obtaining permission from the former General Administration of Press and Publication now called State Administration of News, Broadcasting, Film and Television).

In fact, there has been an ongoing trade dispute between the US and China regarding China’s barriers that limit the importation of books and other media.  In addition to regulating the distribution of foreign material, Chinese policies require that foreign media and books must be channeled through state-owned enterprises (like Xinhua and China Film Group).  In 2009 the WTO ruled that China had “violated international rules” by these limitations.1 After appealing, five months later the WTO appeals board once again ruled that China was “unjustified” in such limitations.23 While this dispute continues to simmer, despite these challenges the domestic book market has grown.  For example, “just 7-8 years ago,” Jo Lusby of Penguin China says that “there wouldn’t have been the market to sustain what we’re doing. Today it’s a challenging business, but it’s commercially as well as literarily worthwhile for us.”45

And while there could be a case either way – depending on future import regulations and oil prices for transportation – perhaps you could find a Chinese partner to create the equivalent of Half-Price on mainland China.  Perhaps one relatively sanguine route would be to source the used books in areas that are non-political like the STEM subjects: science, technology, engineering and math text books in the US to sell through your joint-venture (JV) partnership.  Or while this trade dispute remains ongoing, perhaps foreign content creators could attempt to ‘go digital’ in the interim.  I discuss some other relevant challenges in Chapter’s 10 and 14.

A large demand for content

With 370,000 titles, in 2011 the Chinese domestic book market was valued at $10 billion, displacing Germany and making it the second largest book publishing market in the world (after the US).67 All told, according to the Chinese Academy of Press and Publication “the revenue from publishing, printing and distribution reached 1.46 trillion yuan (US$228.62 billion), up nearly 18 percent from the year before.”8

Furthermore, Chinese readers are becoming as voracious as their Western counterparts.  For instance, the academy also found “the average books read by Chinese in the year of 2011 to be 4.35.”910

How are they reading these books?  According to a 2011 Publishers Weekly report, the “preferred platform” for Chinese readers is now the digital ebook, such as those found on smartphones.11 And despite relatively tight government regulations on all forms of communication and publication, the book publishing industry and in particular the ebook industry continues to grow.

For example, Baidu, China Mobile, Hanvon and Cloudary operate the top ebook platforms and distributors; platforms whose usage rates have grown at double digits each of the past several years.  And because Amazon’s Kindle is currently not being sold in China, many other domestic e-readers have gathered large marketshare.  Hanvon has roughly 50% of the e-reader marketshare and Shanda’s Bambook has captured 28%.12 In fact, Shanda-owned ebook platform Cloudary alone has published 5.2 million titles by mid-2011 whereupon it was spun off into a successful $200 million February 2012 IPO.13 Shanda is now China’s 5th largest tech company by revenue.14

Do you or your company have books or content currently published in the US?  Do you create and provide content for science, technology, engineering or math books or periodicals?  If so, then mainland companies like CLS Communication (the largest in China), Sinophone, Yuyi and Berlo may be able to provide translations of your material so that you can upload and sell the content on platforms like Cloudary.15

Translating your content

If you would prefer to use US-based translation services, there are a number of providers. According to a 2012 report from Common Sense Advisory, in terms of revenue, the largest language service providers in the US are: Mission Essential Personnel, Lionbridge Technologies, TransPerfect and ManpowerGroup.16 Together they generated more than $1.5 billion in revenue last year.

Dean Stamatis, author of over fifty books on statistics, quantitative finance and Six Sigma, has been in the process of locating an English-to-Chinese translation service in China for translating his latest 900 page technical book. 17 In November 2012 he explained to me that on the one hand “you have excellent, yet expensive translation service providers in the US and on the other you have relatively cheaper (though still expensive) translators in China who may be a little more difficult to communicate with across the time zone differences.”  Furthermore locating the Chinese providers can be a laborious task at times as well and as a consequence he personally has traveled to China to discuss the services face-to-face.  This is something that all businesses should take into consideration.

A content plan of action

In Chapter 12 I discuss the social media industry in China and how foreign firms can build and maintain a brand through the numerous social media sites.  Again, while it is important in the long-run to understand the culture and language of your potential customers in China, with a few minutes of Google searches you can start rolling out both your brand and your content to the Chinese public right now, without even knowing any Mandarin.

Just as there was a virtual land rush with the opening of Facebook Pages and other unique domain names in the 1990s, so too is there a land rush for social media positioning in China.  And irrespective of whether or not your local competition in the US acquires brand names before you do in these new Chinese platforms, you have another competitor you do not even know about: hundreds of start-up companies in China that are discussed later in Chapter 12.

Thus without needing to hire a strategic consulting firm, you and your company can and should already establish a beachhead in China by registering and creating a QQ and Sina Weibo account (look at Chapter 12 for more details) and by assessing e-tailers like Cloudary for your digital content.

One last word of warning, if you are looking to get involved with an ebook platform, be sure to study the guidelines and regulations permitted by the former General Administration of Press and Publication (中华人民共和国新闻出版总署).18 Amazon China is currently under investigation for possible violations related to obtaining the proper approvals and licenses for its new Kindle Store on the mainland.19 In fact, as an aside, despite its 8-year endeavors Amazon China has only captured 1% of the $196 billion e-commerce market.20 While the case is ongoing be sure to consult with an attorney (see Chapter 10) before making any substantial investments first.

Takeaway: Looking around at your existing content, you and your company may find China as a new market for revenue generation.  This includes both older and new content ranging from science and technology books to reports your company published in periodicals.  China is the 2nd largest book market and has a number of well-funded, well-developed ebook platforms that your company may be able to sell into.  There are also a number of well-established industry leaders on both sides of the Pacific capable of translating your English content into Chinese and vice-versa.  This move towards online selling also presents an opportunity to establish a brand through Chinese social media sites such as QQ and Sina Weibo that are discussed at length in Chapter 12.  Failure to quickly move into the Chinese market not only presents an opportunity for your domestic US competition but also for your competitors in China with whom you probably are unfamiliar.

 


Endnotes:

  1. W.T.O. Rules Against China’s Limits on Imports from The New York Times []
  2. China Appeals WTO Ruling on Book, Film, Music Imports from Bloomberg []
  3. China loses WTO media imports appeal from BBC []
  4. Chinese Fiction Is Hot from BusinessWeek []
  5. Other genres that are currently maturing on the mainland include fantasy and science fiction which was recently a focus of special issue the Science Fiction Studies at DePauw University.  See “Great Wall Planet”: Introducing Chinese Science Fiction by Yan Wu []
  6. IPA’s Global Ranking of Publishing Markets—US, China on Top from Publishing Perspectives []
  7. Slightly older data (2006) lists the largest book markets as: the US, Germany, China, Japan and the UK.  See The Global 2011 eBook Market: Current Conditions & Future Projections by Rüdiger Wischenbart and Sabine Kaldonek []
  8. What Chinese want to read from People’s Daily []
  9. Ibid []
  10. Mo Yan won the 2012 Nobel Prize in Literature and in doing so brought modern Chinese literature into the spotlight.  Sales of his English-translated works rose to best-seller status on Amazon.com.  Similarly, sales of Yan Lianke works also increased following the announcement of being a finalist for the Man Booker Prize in 2013.  See Man Booker International Prize 2013 Finalists Announced from The Man Booker Prizes, The world has yet to see the best of Chinese literature from The Spectator and Stealing Books for the Poor from The New York Times []
  11. The Global 2011 eBook Market: Current Conditions & Future Projections by Rüdiger Wischenbart and Sabine Kaldonek []
  12. Bezos’ Kindle-Less Amazon Mashed in China by Ma’s Alibaba from Bloomberg []
  13. Shanda Cloudary US IPO is Finally Taking Off from Tech In Asia []
  14. China’s Top 10 Tech Companies by Revenue from Tech In Asia []
  15. Some of the top China-based translation firms are CLS Communication, Sinophone, Yuyi and Berlo []
  16. The Top 100 Language Service Providers from Common Sense Advisory []
  17. Dean Stamatis is the President of Contemporary Consultants in Michigan. []
  18. Stealing Books for the Poor from The New York Times []
  19. GAPP: Amazon China’s Kindle Store Violates Regulations from Marbridge Consulting []
  20. Bezos’ Kindle-Less Amazon Mashed in China by Ma’s Alibaba from Bloomberg []

Chapter 3 – Food and beverage

[Note: below is Chapter 3 from Great Wall of Numbers]

There is a famous proverb in Chinese called min yi shi wei tian (民以食为天) – eating is as important as the sky.1 Despite regional differences in dialects, in regulations and in climate, one universal rule on the mainland is that eating is one of the most important activities of the day.  While this may sound like a fortune cookie truism (which by the way, do not exist in China – I have yet to see one), with recent memories of plagues and famines in their mind, many Chinese residents pay close attention to what their next meal will be.  And how it will be cooked and increasingly, where it was grown.

And while they may have a reputation for spending some of the highest amounts of their annual income on food (28% in China versus 10% in the US, this is called Engel’s Law)2 and are simultaneously highly elastic (e.g., if food prices increase they will switch over to cheaper substitutes), their perpetual gastronomical vigilance is not unwarranted.3

During the summer of 2008, China was faced with a series of nationwide milk powder scandals in which 300,000 babies and infants were poisoned and six died from a chemical called melamine which local producers had added “to save money.”456 As a consequence, there was a subsequent surge in the importation of milk powder from abroad including New Zealand and Australia.7 All told 80% of imported dairy products were from New Zealand in 2012.8 And in Australia, Victorian dairy farms recorded a record $144 million in exports to China in 2011.9 In fact, China is now the largest powder milk importer globally as many families – out of concern of repeat poisoning – currently place higher value on imported brands.1011 As a consequence, Tmall, the largest e-commerce platform on the mainland, has begun importing baby formula from companies such as Nestle and Danone to be sold directly to Chinese customers.12 And milk is not the only dairy product that Chinese consumers are importing.  For example, despite being a new commodity to the mainland $139 million worth of cheese was imported in 2011.13

And to “secure” these supply lines according to Financial Review, China Investment Corporation (CIC), one of the world’s largest sovereign wealth funds, is actively seeking agriculture investment opportunities in Australia and other countries.14 In fact, the Beidahung Group, the biggest Chinese agricultural conglomerate recently purchased and is leasing 100,000 hectares in Western Australia and plans to invest up to $4 billion in Australian agriculture.15

In addition to the melamine fatalities above there have been scandals involving “gutter oil,” whereby cooking oil is collected and dredged from restaurant drains; clenbuterol and other chemicals are added to meat to “enhance” the taste yet is toxic; arsenic in frozen calamari and even tainted steamed buns crop up throughout the year.16 It is not unsurprising then that according to a 2012 survey conducted by Horizon Research Consultancy, a Beijing-based polling company found that 41% of those surveyed said food safety was a major problem, up from 12% in 2008.17 One residual ramification from this stark rise in concern comes from a 2012 report from Ipsos, a market research company, which found that due to food scandals “more than 60 percent of people would choose foreign brands more often.”1819

At the same time, in 2010 China exported $41 billion in agriculture such as garlic and onions, yet even among some of this purportedly screened produce, there have been food safety issues.  For example, this past summer a batch of strawberries originally grown in Shandong ended up poisoning thousands of German schoolchildren.  While the investigation is ongoing, the initial findings were that some of strawberries may have been contaminated with norovirus.20

Not quite soylent green

In a bid to protect consumers, an independent, private consumer watch-dog group called Zhichuchuangwai was started in 2011 to chronicle all of the nationwide stories involving food and beverage containments.21 In addition, the world’s largest food retailers (hypermarkets) including WalMart, Tesco, Carrefour and Metro have spearheaded an independent non-profit quality assurance consortium called Global Food Safety Initiative to produce food safety guidelines, harmonize food safety standards and create a certification framework for suppliers and distributors.

As China develops and the middle class grows, the demand for higher quality goods – safe goods – has led to an increase in opportunities for foreign brands which are perceived as meeting the highest safety standards.  For example, the USDA trade office in Shanghai reported that “the 82 foreign hypermarkets [in Shanghai] accounted for 78.6% of the total hypermarket sales volume in 2008.”22 These same hypermarkets also contain an increasing amount of food products (60% as of 2009).  Collectively the mainland hypermarkets is a $81 billion industry and growing.23 Yet before you decide to jump in and create yet-another-hypermarket, this area is fraught with nebulous legislation.  For example, in an effort to “protect” small and medium suppliers, on December 19, 2011 five ministries and committees issued a joint regulatory plan whereby they arbitrarily removed hypermarkets from being able to charge delivery fees, slotting fees, holiday fees and several other fees.24 This caused a lot of confusion and as a consequence retailers were essentially forced to resign their previous contracts with local suppliers.  In addition, these foreign “big box” companies face zoning restrictions that prevent them from competing with domestic retailers like Suning or Gome.2526

For perspective in this segment, in 2010 the two largest retailers in China were Vanguard and Lianhua, both of whom are state owned enterprises (SOEs), and they both generated more than $10 billion in revenue.  For comparison, privately run RT Mart (owned by Sun Art), Carrefour and Walmart generated 25-35% less, yet with a fraction of stores compared with their domestic competition.  For instance, Carrefour generated almost $7 billion in revenue from 182 stores compared with Vanguard, who had 3,155 stores.  In addition, not all private companies perform the same.  In 2012 Tesco closed several outlets in August and scaled down its expansion plans and Carrefour’s same store sales declined 6.1% in Q3 2012 yet RT Mart has thrived and plans to open 105 hypermarkets in 2013.27

In my own anecdotal observations, these large foreign-owned hypermarkets are continuously filled by Chinese and expats alike, even though some of the products cost significantly more than locally owned supermarkets are charging.  For example, as I mention later in Chapter 6, I had a bad bout with food poisoning while in China during 2011 and as a consequence both my Chinese and American doctors recommended that it is better to be safe than sorry – better to spend more on safer food now than pay for it later as an in-patient.  So several times a week I shop at a nearby CityShop.28 CityShop is an up-and-coming, locally owned and expat managed supermarket with 10 stores in the Shanghai and Beijing areas.  More than 80% of their products are imported from the US, Germany, Australia and other developed countries.29 And like Walmart and Carrefour, CityShop is packed with shoppers – both Chinese and expats – throughout the day.

In March 2013 I spoke with Lawrence D’souza, customer service director for CityShop.  He is originally from Goa, India and has spent his career managing a variety of supermarket chains around the globe.  For the last three years he has worked on the mainland at his current position and in his view there are a couple of challenges that while not unique to China, can be a hurdle for entrepreneurs.

In D’souza’s words, “one of the issues that all grocery stores face when trying to import goods is changes in duties and clearing customs.  So for example, recently it has become difficult to import certain products like organic foods which require the CCC stamp from the government yet may not be approved for a variety of unstated reasons.  On the other hand, items like organic milk from Australia are typically allowed entry.  So supermarket owners need to keep up-to-date otherwise they will have backlogs in their supply chain.  Another reason this is important to a grocery store like ours has to do with location.  Each of our store locations is placed in a different neighborhood with differing demographics.  So for example, one location may cater to a client base that is comprised entirely of mainland Chinese.  Another location may have a mix of businesspeople from Japan, Hong Kong and Taiwan.  And yet other locations may have 50% of their customers that are expats from the West.  As a result, we have to stock each store with different items that the target market wants, thus the consistency and flow of items is different.  Which brings us back again to keeping up-to-date with changes in the import rules so that way we can remain flexible to the demands of our diverse customer base.”  As mentioned in Chapter 1, CCC stands for China Compulsory Certificate and is required in order to import any item.  Furthermore, import taxes such as those on wine or breakfast cereal can vary throughout the year and the list of which is maintained by the General Administration of Customs (海关总署).  Additionally, all organic foods imported or produced locally needs to be approved by the China Organic Food Certification Center (COFCC).30

At the same time D’souza sees several untapped opportunities in this segment.  According to him, “because of the rapid development in the last several decades and scarcity of shelf space, there is a product gap, a lack of certain flavors and tastes as some of the food that supermarkets import on the mainland may not necessarily be of interest to customers from India, Russia or Southeast Asia.  For instance, there are between 40 to 50,000 Indian businesspeople and traders that work in Shanghai throughout the year, yet finding specific food like basmati rice can be difficult to locate in the metroplex.  One example in our own stores is that based on customer feedback we added avocados and guacamole throughout the year due to the popularity of Mexican food.  So other entrepreneurs could likewise satiate demand from ethnic niches and become successful doing so.  On the other extreme is volume and scale: the bigger the store, the more products you can stock.  Entrepreneurs and managers could try to emulate big-box stores such as Costco which may be able to keep costs low and process bulk orders to cost conscious buyers – but this also has its own share of inherent challenges.”

Another challenge that D’souza and others that I interviewed raised that is not unique to China is fixed capital costs.  Or in other words, leasing real-estate.  In busy areas like Raffles City (来福士广场), one of the most popular shopping malls in Shanghai, space may cost 15 RMB per square meter per day.  It is significantly higher in the case of supermarkets, 10,000 to 15,000 RMB per square meter or up to 50% of the total operating costs may come solely from rent.  Entrepreneurs should also be aware of the gestation period in receiving import permits and licenses.  According to several businesspeople that I spoke with, it may take 6 or more months to have all the paperwork processed and approved (photocopied, translated, verified), especially if it is a new type of food or ingredient that has never been sold in China.

However, before you come away thinking that hypermarkets and supermarkets throughout China are filled row-after-row with imported goods, the same USDA report noted that even international retailers “typically carry less than 1% imported SKUs” and that “imports rarely constitute more than 5% of total SKUs” even in high profile stores in large cities like Shanghai and Beijing (an SKU is a stock-keeping unit).  One of the reasons why this is the case is that few of the retailers have been able to build out a distribution network (e.g., cold storage) that they already have in Western countries on the scale that KFC has managed to do (as I note in Chapter 16).  What this means is that by-and-large, these same retailers typically still source their food from local suppliers.  This presents an opportunity to foreign distribution and supply chain management experts – to bridge the wide gulf between an increasingly wealthier consumer that would like to purchase imported products for quality and safety reasons versus the amount of imported goods that retailers are able to continuously stock.

Another opportunity is for cold storage experts as well.  For example, PFS (Preferred Freezer Services) is a joint venture between an American company and a Dalian-based company (Yida Group).  During the next several years they will spend more than 7 billion RMB ($1.1 billion) to build out a cold storage network across China, including a 40,000 ton facility in Shanghai.31 And according to Li Wanqiu, head of Zhongde which is a cold-storage consultancy, “Beijing alone built over 50,000 square meters worth of new cold storage warehouses in 2011.”32 The reason these are needed is that according to Datamonitor, “China’s frozen food market grew 9.9 percent annually between 2004 and 2009.”33  One of the reasons for why this marked increase in consumption has occurred is that as an economic develops and urban residents work longer hours, they have less time to cook.  So the demand for quick, easy-to-make meals such as TV dinners (e.g., Hungry-Man) increases.  Can your firm take advantage of this opportunity?

You don’t need to bet the farm

 In Chapter 16 I discuss the failures and successes of foreign owned and operated restaurants (such as KFC and McDonald’s) but even with their entry there is potential for additional competition.  For example, in October 2012 I interviewed Glenn Wilkinson an Australian who has lived in China for the past 25 years.  He is a Senior Consultant at Beacon Consulting, a Shanghai-based firm that specializes in corporate training and HR staffing.34 In his mind, one of the biggest opportunities for both foreign and local entrepreneurs is in the “food industry,” a very vibrant and dynamic market.

What he means by food for example, are the restaurants I listed above.  One of the reasons this is a vibrant market is that according to the National Bureau of Statistics, the restaurant industry as a whole has been growing 14% annually since 2007 “reaching two trillion Chinese yuan (US $319 billion) in 2011 to account for 11.3% of all revenue in the consumer products category.”35 The food-service industry (e.g., catering) jumped to $99 billion in 2011 also up 14% from a year earlier.36 Furthermore, as noted by Wilkinson and others interviewed, there is a high demand for a quality product due in part to safety concerns and in part because of a growing middle class.  For comparison, retail sales in China have risen an average of 17% for each of the last five years and the luxury goods market (see Chapter 11) is expected to grow 20% a year for the next decade.37

Yet to be even handed, enthusiasm should be tempered due to policy changes from the top.  According to the China Cuisine Association (CCA) that due in large part to Xi Jinping’s (the new President of China) fight to stop waste of public money on extravagant meals, the CCA recently conducted a survey that found, “60 per cent of nearly 100 restaurants saw bookings cancelled recently, with one Beijing-based outlet reporting an 80-per-cent drop in sales.”38 Furthermore, “The survey found that business owners felt pessimistic about the outlook of the industry.  They think it’s necessary to readjust their business models to adapt to the new market conditions.”  Prior to the new national policy, the average monthly failure rate of restaurants was 15% in mid-2012.39 Thus the risks involved in setting up a new food & beverage establishment arguably have changed and that failure rate may increase in the short and medium term.

While each city has different rules regarding local partnerships and minimum registered capital requirements, the restaurant business is relatively open to market participation (e.g., certain districts in Shanghai require a $150,000 minimum in registered capital).40 While you would need to do your own fact-finding exploration to measure the return-on-investment, based on anecdotal evidence, it appears that mainland Chinese are apt to eat foreign food just as voraciously as they eat domestic food.

For example, in 2002, Element Fresh was founded by two foreigners, Scott Minole and Sheldon Habiger, has since opened 13 stores in Shanghai, Beijing and Guangzhou.  While a bit on the expensive side, in my mind the quality of the salads more than make up for the price.   In 1999, Bob Boyce from Montana co-founded Blue Frog with his business partner Kathleen Lau.41 I have visited two of its 9 locations (there are 6 in Shanghai and 3 in Beijing) in part because they have great specials on Monday’s and because the burgers are some of the best in the city.   Also in 1999, John Christensen of Denmark founded Wagas, a delicious sandwich shop that I have personally frequented several dozen times.  There are now 25 and counting Wagas locations in Shanghai alone and one in Beijing.

One of the reasons these Western-style restaurants are finding success is as I note in Chapter 15, you have several million Chinese residents who have lived, studied and worked overseas and some of them now enjoy Western food.  For example, according to one estimate by the government, 186,000 Chinese living abroad moved back to China in 2011.42 According to the China Tourism Agency, 70 million Chinese tourists traveled overseas in 2011 and an estimated 82 million traveled overseas in 2012 (who spent $98 billion).4344 McKinsey & Company estimates this number will climb to 94 million by 2015.45 And by 2020, Boston Consulting Group predicts that “China’s total outbound market [will] likely be three times as big as Japan’s.”46 In addition, nearly one million Chinese students now study overseas, including more than 190,000 in the US alone.47 Thus, the Chinese middle class is increasingly familiar with Western-flavors and styles.  And if my own anecdotal experience is any indication, restaurants like Wagas and Blue Frog, while popular with expats, are also quite popular with locals as well – some nights accounting for 90+% of the customer base.  Perhaps you could create a BBQ or Tex-Mex franchise, both of which there are currently few market participants.

Simultaneously, domestic firms whose management understands these dynamic tastes are not sitting idly by.  For example, the Alibaba Group, the largest ecommerce internet company in China (owner of Taobao, Tmall and Alibaba.com) is developing a new procurement system to bridge consumer demand with foreign, international suppliers.4849 According to its founder, Jack Ma, “Tmall will work with the center to build a database of international suppliers that Chinese consumers are most interested in.  It would then collect orders to make group purchases.”50 The new system is expected to be rolled out within the next two years and part of the domestic plans is to deliver anywhere on the mainland within 24 hours.51

Tastes and flavors from home

In March 2013 I spoke with Charles Zeng, founder of Piro, a restaurant and bar located in Shanghai near Jing’an Temple.  Zeng is originally from New York City and previously worked in the financial industry before moving to Shanghai.  After some cursory research he saw an unmet demand: tasty Western food with a normal price tag.  Thus two years ago he setup shop, teaching himself how to cook, learning as he went.  In his words, “while both of my parents were originally from Shanghai, they moved to the US about 30 years ago.  Yet despite this cultural connection, starting up the restaurants was still difficult for me due to a lack of guanxi and knowledge of the regulatory climate.  The learning curve was steep but based on my research I found that there was not enough American-style food for a price that both expats and locals could afford.  And so despite the hurdles I have turned this project into a profitable business venture and definitely think that there are a wide range of opportunities for more competition in this food and beverage area.”

In his view, obtaining the necessary licenses and permits and meeting the food code regulations are an ongoing challenge that all business owners must face.  Specific opportunities beyond food that he sees are “niches such as micro brews, craft brews – there are currently not many out here despite the enormous consumption of beer and liquor.  More specifically, craft beers that are higher value, top-shelf products.”  In 2011, 50 billion liters of beer were consumed in China compared with 24 billion in the US and 9 billion in Germany.52  With $1 billion in industry profits in 2012, China is the largest beer market by sales and Nomura forecasts that profits will rise to $9 billion in 2021.  Yet according to Accenture, 85% of the domestic beer market is “comprised of low-end domestic beer brands” such as Tsingtao which sells a 330 mL bottle for $.32 (for comparison, a similarly sized Budweiser costs $1).53 Thus, Zeng sees this as an opportunity to serve a niche market that will invariably grow as consumers become more familiar with what the market offers.  Maybe your local microbrew club could find success, like Carlsberg has attempted to do, as it recently bid to takeover Chongqing Brewery Company for $461 million.54

Yet to temper visions of immediate grandeur, consider champagne and chocolate.  In contrast to the large amounts of wine importation (see Chapter 11), the consumption of champagne remains relatively subdued.  Only 1.3 million bottles of champagne were sold in China in 2011 compared with 1.3 billion bottles of red wine during the same year.55 Similarly sales of other red wines to China from areas such as Germany remained muted because of lack of brand awareness (i.e., Chinese consumers are unfamiliar with German brands).56 In other food segments, chocolate consumption also remains low-key on the mainland.  The average Chinese consumes a mere 100g of chocolate a year; in comparison the average Japanese eats 11 times as much, an American eats 44 times as much and a German eats 82 times as much.57

And if you own a farm

Roughly 2% of all American’s work in the most productive agricultural industry in the world; an industry which not only feeds the 3rd largest populace but also grows and exports significant portions of the world’s caloric intake (up to 20%).  In 2011, the US exported a record $137 billion in agricultural products globally and China imported a record $20 billion from the US (surpassing Canada).58 In fact, due to a variety of reasons, in 2011 China became the largest importer of agriculture.59 Among other products, US farms exports soybean, rice, corn, cotton and pork to China.60 And in part because of a variety of domestic policies in China (discussed in Mark DeWeaver’s new book61 ), China is essentially dependent on the US for food security and thus is investing in and buying secure supply channels to improve its livestock.

For example, the New York Times noted this past spring that the US, “exported a record $664 million worth of breeding stock and genetic material like semen in 2011.”62 Who is buying this material?  In 2011, Chinese companies “bought $41 million worth of live breeding animals and genetics.”

Why are they buying this?  The New York Times quoted, Ronald Lemenager, a professor of animal sciences at Purdue University in Indiana, who said, “[w]hen you have a nation’s diet changing as rapidly as China’s, the most efficient way to build up production is to improve your animal genetics. We have the genetics they want.”

Thus, if you own or operate a farm in the US, not only can you export your products to China, but you can probably provide services to improve China’s knowledge base of breeding and husbandry.63

Domestic initiatives in agribusiness 

As I detail later in Chapter 14, NetEase is the 2nd largest tech company in China.  Its founder is William Ding who is investing a significant portion of his personal multi-billion dollar wealth in agriculture.  He along with his company “have set aside $16 million for agricultural investments” such as an organic piggery stocked with 5,000 pigs “raised and sold under conditions that can satisfy health-conscious consumers spooked by China’s many food safety scandals.”64

How large is this organic industry?  According to Du Xiangge, chairman of the China Federation of Organic Agricultural Movements (CFOAM), “Only 1.9 million hectares of land are used for growing organic vegetables in the country, less than 1 percent of all farmable land.  It is possible that the ratio could reach 5 percent over time.”65 Thus there is ripe potential for investors such as SAIF partners a domestic private equity (PE) fund that finances specialty shops like LohaoCity which sells organic health food in Beijing and Tianjin.

And on the other end of the spectrum is Peter Zhang a former-chemical engineer at a large SOE (and an autodidact) who is originally from Heilongjiang in the northeast.  Over the past several years he has retrained and retooled to become an English teacher, yet in an effort to hedge against food safety he has retrained yet again, becoming proficient in agribusiness and has leased several dozen hectares in Southeast Anhui province to grow organic produce, primarily fruits and vegetables, for his friends and family.  Zhang told me in November 2012 that, “I am concerned about food safety issues and have invested my personal savings into growing quality produce for my family and friends.  I belong to the middle class, I should be able to afford the quality of food that previous generations have in the past, yet due to inflation and a number of other macro factors, cannot.  So I have invested our savings into a dozen hectares of crops including carrots, rice, pears, cherries, grapes and even free-range chickens.  And after you get through the inconvenient paperwork, land is relatively cheap to lease outside of urban areas thus making the whole endeavor worthwhile.”  He is leasing roughly 80 acres (around 500 mu or亩) for about 30,000 RMB ($4,800) a year based on a 55-year lease between the government and rural farmers who exchanged the land with him (the typical lease on the mainland is 50-70 years, after which time ownership automatically reverts back to the state).

According to Zhang and others I have spoken to, inflation has pushed the price of chicken past a psychological “100 yuan per pound” line, a price that makes eating high-quality chickens unaffordable to those living, ironically, in larger cities.66 Why have these prices increased?  According to the Ministry of Agriculture, “urban Chinese increased their consumption of chicken 219% per capita from 1983 to 2006.”67 What Zhang is also referring to are consumer price index (CPI) increases which have added transportation and storage costs for farmers that bring poultry and produce from outlying farms due to a nascent supply chain network and cold storage network discussed earlier in the chapter.  For example, while CPI increased at a relatively low 1.7% in October 2012, roughly two years ago in January and February of 2011, CPI in China increased by nearly 5%, led in part by a 10% increase in food costs.6869  Similarly, the CPI index rose 3.2% in February 2013, a 10-month high due to a 6% increase in food costs – more specifically, residents in Beijing pay more per pound than their peers in Boston70 Yet to give you an idea of how this fluctuates and differs according to category, in mid-February the average prices of 21 different vegetables declined 11.2%.71 And since Chinese consumers spend a significantly larger portion of their disposable incomes on food (28% in China versus 10% in the US72 ), even a relatively small increase in price of staple goods is immediately felt.

Zhang also noted that one of the main reasons he and his family have become increasingly vigilante about what they eat is “because our trust and our faith in domestically owned restaurants has been shattered due to milk powder poisoning, gutter oil, fake honey and even moon cake scandals.”  While each region varies, roughly half of all honey currently sold in Shanghai is reportedly fake, comprised of substantially cheaper substitutes made of syrup and gum.73 Moon cakes are a traditional dessert made and given as gifts during Midautumn Festival usually held in September.  Over the past several years, investigations have uncovered several domestic mooncake producers, who in an effort to reduce costs have reused and resold both filling and entire inventories of mooncakes – made from previous years – to customers believing that they were buying newly made desserts.  For example, in 2003 a Shanghai-based company, Guanshengyuan, “was caught making mooncakes with expired and mildewed fillings.”74

He also mentioned that similar scandals have taken place at grocery stores and restaurants that dyed rotten pork to make it look younger and “leaner,” dyed noodles and even sold fake steamed buns.75  He is referring to a scandal in 2011 in which 17 noodle manufacturers in Dongguan added ink and paraffin wax “to give their products the look and texture of more expensive varieties.”76 In addition, while there have been several steam bun scandals, one of the most recent notables cases is the Shanghai Shenglu Food company, which added food coloring to lower costs (e.g., turning corn flour buns into a different color) and repackaged expired buns.77

This is not to say foreign restaurant chains are scandal free.  KFC advertised that its soybean milk was freshly ground, when it was not; and its chicken suppliers in Shandong may have used antibiotics to fatten the chicks faster (same-store sales declined 37% in January 2013 as a result).78 In fact, to alleviate food safety concerns, in February 2013 KFC announced that it was launching a new quality assurance program and cutting out small farmers due to the difficulty in overseeing them.79 Ajisen Ramen (a Japanese noodle restaurant) claimed its soup was made from bone-based broth, which upon further investigation turned out to be highly diluted (e.g., “a concentrate”).80  And a McDonald’s outlet in Shenyang reportedly served laundry detergent instead of a Coca-Cola.81

Yet perhaps by partnering with these entrepreneurs, foreign agriculture companies can establish a foot-hold on the mainland and satiate consumer demand.  And as I discuss later in several other chapters (notably 11 & 12), branding, trust and market perception are distinct advantages that foreign firms typically have when entering the mainland market.  This is in part because of the immense resources invested in quality control programs (e.g. Six Sigma) by foreign brands in order to proactively innovate and prevent any potential quality-based scandals from ruining their company images.  In contrast, this kind of branding issue is not taken as seriously on the mainland as it is elsewhere which itself creates an opportunity for brand marketing consultants.

Changing times

According to China Daily, a substantial portion of businesspeople in Zhejiang have moved away from the low-end, low-margin manufacturing industry to agriculture.82 In fact according to the Zhejiang Provincial Administration for Industry and Commerce, “the average annual amount of money invested in agriculture by Zhejiang businessmen has exceeded 10 billion yuan over the past five years.  The total amount reached 20 billion yuan last year.”83 Could your ag firm work with these businessmen in modernizing their farms?

Or maybe foreign companies that build or design automated farming equipment (e.g., robotic fruit pickers) can find demand for products in an industry that is still largely based on manual labor.  For example, according to a 2010 statement from China’s Ministry of Agriculture, “in corn production, the mechanization rate for sowing has reached 72.5%, but the mechanization rate for harvesting is only 16.9% and has become the bottleneck for corn production.”84 In 2012 this figure was updated and the new estimates for the overall mechanization rate for corn harvesting is now 38%.85 In contrast, in the US both planting and harvesting of corn are fully mechanized.  In fact, through the use of mechanization and genetically modified crops, an acre of US farmland “yields twice as much corn as in China or Eastern Europe and four times as much as in India.”86 Yet mechanization, as shown in the statistics above, is increasing rapidly on the mainland and according to a recent Reuters report, “[m]ore than half of China’s ploughing, planting and harvesting is carried out by machines, compared with a third a decade ago.”87 In fact, the 2011 harvest yields in Heilongjiang province broke nation-wide records, rising 11% over the previous year due to “bigger and better machinery for threshing and plowing.”88

And according to Der Spiegel, one of the reasons German companies purchased the imported strawberries from Shandong in the first place (see the strawberry story at the beginning of the chapter) was because strawberry picking robots capable of washing and cutting are an unknown variable – hence the relatively cheaper labor costs in China provided a cost advantage that neighboring countries did not have (at the time).89  In fact, because of relatively high labor costs in California, farm companies have begun looking for robotic alternatives such as prototypes from Vision Robotics that while still on the drawing board, have the potential to assist and replace manual human labor.90 Similarly, German and Californian agribusinesses may even be interested in a project unveiled two years ago: Japanese researchers demonstrated a robotic system that can identify the ripeness of a strawberry which enables the machines to “cut harvesting time from 500 hours to 300 hours.”91 Thus if you and your company build the agribusiness machines or software that powers the machines, you may be able to find new revenue sources in China.

Yet there are two sides to every coin.  As one Chinese source recently told me, “the potential for opportunities for foreign firms remains high in the agriculture industry because it is still largely underdeveloped.  Compounding the issue is that much arable land has been seized from farmers for real estate development during the urbanization process, and major labor forces have migrated from the farmlands into the cities, which leads to worries that the current food production capacity may not meet the growing food demand for the populace.”9293 For example, between 1996 and 2008, arable land decreased from 130 million acres to 121 million acres.  Another estimate put the loss at 123 million mu (one mu is about 1/6 of an acre).9495 Thus China must either import food or modernize its agricultural industry to increase production to make up for the food shortage.96 Simultaneously there are regulatory hurdles that sometimes require technology transfers from foreign agriculture firms to Chinese companies.  For example, seed companies like Monsanto must team up with local partners in order to gain market access.  Yet, these provisions have not prevented Monsanto from increasing both earnings and market share – and it plans to further boost investment on the mainland.97

Takeaway: as China develops, its middle class will have more funds and resources to allocate towards food and beverages.  US businesses and entrepreneurs are already providing both products and services in the form of agriculture, knowledge and physical storefronts.  Yet because of the continued growth, there are still opportunities to start new restaurants or even restructure and train a largely non-mechanized agriculture workforce to the industrial-scale agribusiness that is the envy of emerging markets.  Chapter 12 discusses how you can establish a brand in China through its diverse domestic social media networks.


Endnotes:

  1. A Chinese friend suggested that I provide an explanation to this phrase.  The complete phrase is wang zhe yi min wei tian, min yi shi wei tian.  While wang zhe means emperor, according to him the key to this is the last word “tian.”  Tian on its own is literally ‘heaven’ or the sky over our heads.  But this phrase should be better appreciated in the context of its originator, a Minister Guan Zhong of the powerful Qi Kingdom of the Spring Autumn (1st half Eastern Zhou) period, who meant to use tian here as in “tian ming” – the mandate from heaven (to rule over the people).  Properly understood, the five character phrase ending should correctly translate to something like “the government’s mandate (king or prince) to rule is founded upon its ability to feed the people.”  Or, in the more sophisticated form of political advice: “hunger breeds discontentment.” []
  2. See Agriculture Commissioner Todd Staples says that Americans spend less of their disposable income on food than individuals in Mexico, China and Russia from PolitiFact and Meet the 2020 Chinese Consumer from McKinsey & Co. []
  3. Seniors aged 55 to 65 in China’s largest cities spend half their expenditures on food and only 7% on apparel, according to Ogilvy data, while those a decade younger allocate 38% of their spending to food and 13% to apparel.  See Targeting Grandpa: China’s Seniors Hunger for Ads from The Wall Street Journal []
  4. See Chinese figures show fivefold rise in babies sick from contaminated milk from The Guardian, Two get death in tainted milk case from China Daily, Timeline: China milk scandal from BBC, and 毒牛奶事件 from Yunnan News []
  5. China dairy industry whistle-blower dies after assault from South China Morning Post []
  6. Another reason milk powder is in high demand is that milk powder companies have successfully convinced families that powder makes babies more “chubby” and therefore healthier than being breast-fed.  See Breastfeeding faces challenges in China from Xinhua  and Breastfeeding flashmobs: Chinese mothers are abandoning formula from The Telegraph []
  7. See Baby food sails out with Chinese crews from The New Zealand Herald and Dollar falls as tariff raised from The New Zealand Herald []
  8. This trend may not last as Chinese consumers and government officials have began investigating a claim regarding dicyandiamide, or DCD that has purportedly contaminated some milk powder from New Zealand.  See Ministry acts on dairy safety from China Daily []
  9. Farmers to milk China’s taste for cheese from The Australian []
  10. Hopes wane for China whole milk imports from agrimoney []
  11. 美赞臣等洋奶粉仍热销 国产奶粉再沦陷消费者失去信心 from Qbaobei []
  12. Tmall announces cooperation with foreign baby formula companies from Xinhua []
  13. Foreign cheese firms eye big slice of China’s market from China Daily []
  14. China targets dairy industry from Financial Review []
  15. Chinese buy farms for food from The Western Australia []
  16. See The Shandong Oilman from Caixin and Maggots in the Pasta: Europe Screens Tainted Chinese Food from The New York Times []
  17. See Survey: Half of Chinese like US ideas on democracy from Associated Press and McDonald’s says food giveaway not tied to China’s TV show on Corporate Shame from South China Morning Post []
  18. The consuming challenge of food safety from China Daily []
  19. For an illustration of why and which foreign items are purchased in China see this excellent infographic: Why Do Chinese Consumers Pay So Much for Foreign Brands? from East-West Connect []
  20. See The Hidden Price of Food from China from Der Spiegel and No contamination found on China-exported strawberries: watchdog from Xinhua []
  21. The consumer report site is Zhichuchuangwai []
  22. China Retail Report from the US Department of Agriculture Trade Office in Shanghai []
  23. Sea Bass With Barbie Dolls Challenge Wal-Mart in China from Bloomberg []
  24. China Retail Report from the US Department of Agriculture Trade Office in Shanghai []
  25. Chinese retailers give global giants run for money from The Hindu []
  26. Walmart, Tesco, Carrefour finding it tough to do business in China from The Economic Times []
  27. Sea Bass With Barbie Dolls Challenge Wal-Mart in China from Bloomberg []
  28. This is not an endorsement of their services as there are other chains that provide high-quality imported food as well, such as Ole’ – which is owned by CR Vanguard (華潤萬家), the largest grocery company on the mainland.  Another competitor is Metro (麦德龙), a German-owned chain. []
  29. CityShop []
  30. China Organic Food Certification Center (中绿华夏) []
  31. Cold storage industry sees a hot market in mainland from China Daily []
  32. In Beijing, cool profits from sub-zero storage from smartplanet []
  33. Ibid []
  34. Beacon Consultancy []
  35. China’s restaurant industry shows strong growth potential from Want China Times []
  36. This double digit increase is expected to decline due to a maturing market and a crackdown on government banquets in 2013.  See New Bureaucratic Diet Takes Bite Out of Restaurants, Hotels from The Wall Street Journal []
  37. Chocolate-makers seek to whet China’s appetite from Asia One []
  38. Mainland restaurant takings plummet as party order cadres to tighten belts from South China Morning Post []
  39. Ibid []
  40. For a step-by-step guide on forming an WFOE see China’s Approval Process for Inbound Foreign Direct Investment from the US Chamber of Commerce.  See also Forming A China WFOE. How Long Will That Be Going On? from China Law Blog and Selling In And Into China. Four Good Tips And Mine. from China Law Blog []
  41. Interview: Bob Boyce, owner of Blue Frog and KABB from Shanghaiist []
  42. Reverse brain drain: China engineers incentives for “brain gain” from Christian Science Monitor []
  43. See Demystifying the Chinese traveler from CNN and Chinese rush overseas for holiday from China Daily []
  44. While Chinese consumers typically trust foreign brands (as shown in Chapter 3) they are increasingly vigilant against scams and cons as well, especially while traveling abroad.  See Tourist: We were conned from The New Zealand Herald []
  45. Chinese Choosing Prada Over Louvre Boost Luxury Shares from Bloomberg []
  46. Chinese check-ins from The Economist []
  47. In 2011, the US embassy in China issued more than 160,000 student visas for Chinese students to study at American schools.  Yet a November 2012 report from Open Doors notes that the actual number is even higher, 194,029.  See Ten Years of Rapid Development of China-US Relations from Xinhua and Students from China add $5b to US economy from China Daily []
  48. The goal Sales at Tmall and Taobao combined to reach $157 billion in December 2012, a new record.  See RMB 1 TRILLION: Alibaba Shopping Sites Hit a Sales Milestone from Alizila []
  49. According to a recent Morgan Stanley research note, Alibaba is worth between $66-128 billion and Alibaba continues to diversify into other areas of e-commerce including notably a new search engine through its Aliyun brand.  See Morgan Stanley’s Latest Alibaba Estimates Suggest It’s Worth $66 – 128 Billion from Forbes and China’s E-Commerce Giant Now Has a Search Engine to Take on Baidu and Google from Tech In Asia []
  50. Tmall Plans to Link China’s Consumers with Foreign Goods from Caixin []
  51. The plans are being rolled out together however the domestic 24-hour delivery service is expected to be completed within 1 year.  See 马云1000亿建电商物流 目标全国任何地区24小时内送达from ifeng. []
  52. China beer consumption hits the 50 billion litre mark for first time in 2011 from Mintel []
  53. In the battle for China’s beer drinkers, the $0.32 brew is still king from Quartz []
  54. Carlsberg launches take-over offer for Chinese brewer from Reuters []
  55. Putting some fizz into the wine market from China Daily []
  56. German winemakers seek to win over the Chinese from Deutsche Welle []
  57. Chocolate-makers seek to whet China’s appetite from AsiaOne []
  58. See US agricultural exports to China become costly in times of drought from Global Post and U.S. chief agricultural negotiator sees bright future for exports from the Agricultural Communication Services []
  59. China Overtakes U.S. as Largest Crop Importer, WTO Data Show from Bloomberg []
  60. Chinese farmers produced 50 million tons of pork in 2012, more than half of the world’s total.  See How China’s love affair with pork is creating a pollution problem from The Guardian []
  61. Animals Spirits with Chinese Characteristics by Mark DeWeaver []
  62. From the U.S., a Future Supply of Livestock for China from The New York Times []
  63. According to one estimate at the US Department of Agriculture that I spoke with, building a new corn or soybean farm in the US may be profitable with current prices, especially since both of these crops are in high demand from China. []
  64. Game Boy: Billionaire William Ding Lei Has A Few Fantasies Of His Own from Forbes []
  65. Backed by Profit-hungry Investors, New Approach to Farming Takes Root from Caixin []
  66. This is not to say all produce has increased in costs.  For example, there has been a cabbage glut that has put many farmers in northern China in a bind.  The cost of cabbage harvest and transportation costs more than what could be made selling the produce at the market.  Thus some farms have allowed the public to gather cabbages for free and in some cases even let the cabbage rot in the fields.  See Cabbage price drop hurts growers, wholesalers, grocers from China Daily []
  67. Cheap food may be a thing of the past in U.S. from Los Angeles Times []
  68. See China’s food inflation leaving a bad taste from Globe & Mail and China’s inflation eases to 1.7 percent in October, giving room for more stimulus from Washington Post []
  69. China CPI in December 2012 rose to 2.5% and has spurred interest in looking for ways to reduce farm distribution costs.  See China moves to cut farm produce distribution costs from Xinhua []
  70. Meat prices add to China’s inflation, policy risks from Reuters []
  71. China’s farm produce prices down from China Daily []
  72. See Agriculture Commissioner Todd Staples says that Americans spend less of their disposable income on food than individuals in Mexico, China and Russia from PolitiFact and Meet the 2020 Chinese Consumer from McKinsey & Co. []
  73. Fake honey sales called rampant, hard to detect from Shanghai Daily []
  74. Bad moon rising: China’s mooncakes won’t keep from Want China Times []
  75. From Milk to Peas, a Chinese Food-Safety Mess from International Health Tribune []
  76. See China wrestles with food safety problems from Los Angeles Times and Noodle makers in hot water from China Daily []
  77. 3 arrested over Shanghai steamed bun scandal from China Daily []
  78. See Yum stumbles badly in China, warns on profit from Reuters, ‘Kentucky Fried China’ no more? from Reuters, Yum’s Yuck Factor in China from The Wall Street Journal, Yum’s chicken in China contained excessive levels of drugs from Reuters, CCTV report says KFC chickens are being fattened with illegal drugs from South China Morning Post and China Chicken Probe Hurts Profit as KFC Ends Deal: Liuhe from Bloomberg []
  79. Yum Makes Cuts to Supply Chain in China from The Wall Street Journal []
  80. Some foreign fast food is harder to swallow from China Daily []
  81. Shenyang McDonald’s apologizes after woman served detergent from Want China Times []
  82. Manufacturing, mining and construction represent approximately 45-48% of China’s GDP; in contrast, services accounted for 44.6% of China’s GDP in 2012.  While there are and will continue to be opportunities for manufacturing, the service industry continues to grow at a fast clip.  Yet as a number of the people I interviewed noted, services are intangible, physical goods are much more tangible so it can be a lot of hard work educating consumers about the value proposition in paying for something less concrete than they are used to.  How long will it take to educate them to appreciate this quality?  How to differentiate your company from local competitors like Newegg tried to do?  See Chinese Graduates Say No Thanks to Factory Jobs from The New York Times and Served in China from The Economist []
  83. Entrepreneurs turn to the land for profit from China Daily []
  84. Another innovation that may assist in the merging, acquisition and development of agricultural land is satellite imagery which is now being used as part of a land reform project being piloted in Anhui.  See China’s big step in rural reform; mapping tiny plots of farm land from Reuters, 加快推进玉米收获机械化 力争2015年玉米主产区机收水平超过50% from the Ministry of Agriculture and All About Corn by Cathy Gao Jing []
  85. 农业部:全国“三秋”农业机械化生产迅速展开 from The Central People’s Government of the People’s Republic of China []
  86. Monsanto Needs to Put Doubts to Rest from The Wall Street Journal []
  87. Analysis: China turns to machines as farmers seek fresh fields from Reuters []
  88. Ibid []
  89. The Hidden Price of Food from China from Der Spiegel []
  90. Farms Fund Robots to Replace Migrant Fruit Pickers from Wired []
  91. Strawberry-picking robot knows when they’re ripe from c|net []
  92. This is not to say similar “eminent domain” cases do not take place in other countries.  See China’s cabinet warns of rural land expropriation from Xinhua, China’s giant, deserted malls wait for reluctant consumers from The Globe & Mail and Henan city refuses to stop clearance of graves to make farmland from South China Morning Post []
  93. This is not suggesting that China is facing a looming plague or food shortage as a whole.  Yet despite a record grain output of 589 million tons in 2012, according to Xinhua, China throws away enough food to feed 200 million people each year.  Another estimate from China Agricultural University states that 50 million tons of food is wasted annually (10% of China’s annual grain output) due to poor storage techniques and rot during transportation.  These statistics have become talking points recently during a government crackdown on waste and corruption targeted at government banquets where food is often left uneaten.  For comparison, according to the Food and Agriculture Organization (FAO), one third of all food grown globally is lost or wasted each year (amounting to approximately $1 trillion).  Another recent report from the Institution of Mechanical Engineers states that as much as half of all food produced in the world ends up wasted each year.  See Curbing food waste from Xinhua, China’s anti-waste campaign revives frugal spirit from Xinhua, Grain supplies still not secure from China Daily, Assuring Chinese Finish Their Live Lobster Sashimi from Bloomberg and Almost half of the world’s food thrown away, report finds from The Guardian []
  94. Shortage of farms and water threatens grain output targets from China Daily []
  95. Shrinking arable land threatens grain security from China Daily []
  96. This is called a “grain security” issue that Chinese policy makers and analysts have been increasingly discussing over the past several years.  Some have noted this is equivalent to the “Western dependence” on Middle East petroleum.  See Keep a red line for arable land from China Daily and Grain supplies still not secure from China Daily []
  97. See Monsanto Sees Greater China Investment on Par With Brazil from Bloomberg and Monsanto Needs to Put Doubts to Rest from The Wall Street Journal []

Chapter 4 – Hospitality services

[Note: below is Chapter 4 from Great Wall of Numbers]

What I should have done when I first flew into Shanghai four years ago was take the high-speed maglev from the airport into the city.  Instead I was sweet-talked by a suave salesman outside the arrival gate’s entrance into taking a luxury sedan.  500 RMB?  No problem, no way is that expensive – after all it is the same rate that other companies nearby were charging.  The shiny new black Buick was driven by a young college graduate who had studied international trade in Australia.  Throughout the nearly hour long drive along one of the many highways that bisect the metro, Johnny, as he called himself explained what there was to do in each district we were passing through.  In crisp English he answered all of my questions and delivered me at the foot of the hotel my travel agent had previously booked.  And during my stay, the bellhop and front desk staff greeted me in pleasant hellos and how-do-you-dos.  My image of China – my first impression was immediately biased because despite the 300 million English learners in China (see Chapter 9), the stark reality is outside of large metros, English dissipates into the wind.

And this presents an opportunity to any number of educational providers (discussed in Chapter 9) and hospitality training firms.  For example, according to the World Tourism Organization, in 2011 there were 57.58 million inbound overnight tourists that spent $48.5 billion on the mainland.1 Since 2000, the number of foreign visitors to the country has increased 10 percent annually.2 Five out of the top six source countries for inbound tourism in China speak native English at home.3 And in my own anecdotal experience, while cities like Guangzhou and Shanghai are relatively easy to navigate – with their helter skelter smattering of English on highway signs and subway stations – I am still accosted by bewildered tourists wanting to know how to get to Jing’an Temple in Changning, Shanghai.  In fact, China is now globally the third largest inbound tourist destination (after France and the US) and as I note later in Chapter 11, it is one of the largest outbound as well (in 2012, 82 million Chinese traveled overseas).

In February 2013 I spoke with Shaun Rein, the author of “The End of Cheap China” and an expert on Chinese consumer behavior.4 According to Rein, “a lot of commentary has been made regarding retail sales, which only grew 14.7% last month [January 2013].5 This is not to say that Chinese consumption has stopped, rather consumers are moving away from status items.  Instead of buying Louis Vuitton bags to show off, they are now buying lifestyle experiences such as trips overseas.  In short, they are changing habits which is bad for certain segments such as footwear and apparel brands.”

This kind of lifestyle experience and “genre tourism” caters to those wanting to have first-hand exposure to authentic conditions (e.g., ruggedness, safari) and as The Wall Street Journal recently pointed out, is increasingly popular with affluent Chinese in particular.  For example, more than 60,000 Chinese nationals visited South Africa in the first half of 2012, “a 68% jump from the same period a year earlier.”6 And those that visit these locales are “more likely to get private tours and embrace the safari opportunities.”  Consequently, traveling in general is no longer relegated to the top outlier either.  For instance, according to Li Yianqin a professor at Minzu University in China, in terms of tourism economic theory, “when a nation’s per capita gross domestic product exceeds $5,000, foreign travel grows rapidly.”7 And by one estimate from the World Bank, China’s gross national income per capita reached $4,940 in 2011.

Where do these tourists stay?  How can you and your company capitalize on either of these growth trends?

According to the China National Tourism Association in 2009 there were roughly 300,000 hotels on the mainland.8 The 21st Century Business Herald estimates that in 2011 there were 2 million hotel rooms on the mainland, a number that is expected to increase to 5 million by 2016.9 In fact, according to the Boston Consulting Group, “China’s combined domestic and international tourism revenue is expected to increase 14% annually for the next nine years.”10 This would create an estimated $838 billion tourism market.  For comparison, as of 2011 there were more than 4.8 million guest rooms at hotels in the US that generated $137.5 billion in sales.1112

While you may think you could squeeze the margins at the low-end in hospitality with relatively cheaper labor, there are already several domestic hostel and motel chains such as Motel168, Home Inn and 7 Days Inn (all three of which I have stayed in and I recommend) that create a highly competitive environment.13 Rather it is at the top end that has larger margins to work with and is currently comprised of the usual coterie of global hotel chains including Hyatt, Hilton, Marriott and Howard Johnson.14

Howard Johnson is a luxury brand

As I note later in Chapter 11, the management team at Coach handbags has repositioned their products – typically considered mid-level in the US – and through market perception campaigns has moved the handbags towards the higher-end market segment in China.  Their efforts have resulted in large sales growth, which in Q1 2012 increased 40% on the mainland.15 Similarly, Howard Johnson which is considered a mid-level hotel experience in the US is also now repositioned at the top-end of the hotel experience in China (in Chapter 16 I discuss KFC which has benefited from perception marketing as well).  Howard Johnson entered the Chinese market in 1999 and has since expanded across the mainland where it now operates 46 hotels in 29 cities.

Is it too late to enter the market?  Probably not.  In fact, in March 2012, Intercontinental (the biggest hotel company in the world) announced that it would begin rolling out a new brand of hotels in China called Hualuxe to cater to the top-end of the domestic market.  And by establishing a Chinese-focused luxury hotel chain on the mainland, Intercontinental hopes to later roll out similar chains in other countries that are popular destinations for Chinese tourists.  Their plan, which could certainly be emulated in a variety of service industries (e.g., restaurants in Chapter 6), is to build a reputable, trusted brand at home and use a loyalty program to bring back repeat visitors when they are abroad.1617 Furthermore the new Peninsula Shanghai hotel was named the top 5 global hotel for business in 2012 illustrating that there is still room for potential new entrants in this segment.1819

Visa changes and HR challenges

Beginning on January 1, 2013 both Beijing and Shanghai now allow for 72-hour visa free access to their metropolises by tourists connecting to other countries.20 Beijing usually receives 5 million foreign tourists a year and its international airport (北京首都国际机场) was the 2nd busiest globally in 2012 (behind Atlanta’s).  Thus because foreigners typically spend twice as much as local at tourist destinations ($1,000), it is thought that the amount of tourists that are estimated to pass through on this new program will double over the next three years.  Yet expectations should be tempered as previous visa free stays (such as Shanghai’s 48-hour policy) only netted an additional 3,000 visits in 2010.21

With these large tourist numbers, what are the potential issues in moving into the hospitality industry?  What are some of the challenges in setting up a hotel chain?

As I noted above and discuss later in Chapter 15, staffing sticks out towards the top of issues.  For instance, according to a 2008 report by Emmanuel Hemmerle, “there are less than 40 local professionals with proven experience in the Development function within the hotel industry in the whole of China, of which only 10 have over five years experience in the field.”22

You might be thinking that your hospitality company can merely start small and build up slowly from their footholds.  This might be possible but could be problematic in this specific industry.  For example, while those low numbers – 40 local professionals – have probably changed considerably since the Beijing Olympics another concern that Hemmerle’s report touches on is retention.  What happens to competent productive managers in the hospitality industry in China?  According to Rene Schmitt, president of Kempinski Hotels, “[m]y one greatest, and constant, challenge of operating over the past 15 years in China has been to attract and retain staff. We are constantly building and rebuilding our leadership across all the cities in which we operate. You train them, and then you lose them to other hotels or airlines.”23  Kempinksi is a German-based luxury hotel company that operates 14 five-star hotels on the mainland.

Yet with these challenges come opportunities to foreign firms that specialize in training hospitality-related services.  For example, Les Roches is a Swiss-based hotel management school (one of the largest in the world) that teaches all of its courses exclusively in English.  It has teamed up with a local college called Jin Jiang in Shanghai to create a joint international hospitality management training program.  Together they are already partnered with many of the hotel chains – both foreign and domestic – across China.  Can your company provide similar training services?

Hotels Rising

In January 2013 I spoke with Fred Xu, a native of Shenyang who is completing his MBA at a university in Switzerland.  He previously worked for the luxury hotelier, Shangri-La, based in its flagship Shanghai location.24 According to him, “the hospitality industry on the mainland still has large swings in seasonal volatility and a lot of traffic actually depends on the location of the hotel.  For example, China has two “Golden Weeks for Tourism” (黄金周) – May 1st and October 1st.  These peak seasons unsurprisingly bring a large amount of travelers and tourists from across the country which dramatically affects the occupancy of hotels.  In recent years, the gap between slack seasons and peak seasons has diminished.  This is largely because China itself has attracted more and more international travelers throughout the year.  And as a long term consequence, due to the process of ‘reform and opening up’ and globalization in general, the hospitality industry continues to develop and the trend is now towards catering to both business travelers and tourists alike.”

One of the HR challenges for all hotel management according to Xu is that, “traditionally speaking, Chinese people typically do not think the hospitality industry is an ideal career.  Simultaneously, because of the intense competition between graduates and non-graduates alike, people who choose hospitality usually receive a lower salary [e.g., limited supply of positions, large supply of potential employees].  And as a consequence, individuals with less educational background actually prefer to have this job due to its upward promotion mobility despite its initial low salary.  The dilemma facing managers however is that they prefer skilled people, especially those with language skills irrespective of educational attainment.  In their mind, they think it is a waste of resources to cultivate highly educated yet unskilled employees yet in the long-run this has caused a serious outflow of talent as skilled workers can easily move to competing chains.”

In January 2013 I also spoke with Xuerong Su, a native of Sichuan and six-year veteran who is a manager at Mind Group, a real estate company that builds hotels and luxury apartments.25 Her most recent project is developing the new Mandarin Oriental Hotel in Chengdu.  According to Su, “in my opinion, Chengdu is one of the best locations for projects because of its winding mountainous scenery, home of the panda, its incredibly long [2000 years of] history, famous rivers nearby and a well-known culinary culture.  And despite the recent governmental policies that place pressure on housing prices [see Chapter 10] many large luxury projects have been largely unaffected thus far, especially those catering to an affluent demographic.  As a consequence I think there are continued opportunities to build and manage five-star facilities across the mainland, especially in larger cities inland such as Chengdu.”

One of the challenges that Su thinks others should be cognizant of is that “acquiring the necessary technology to build luxury hotels and apartments can be quite cost prohibitive.  Because when you build the tallest building in a city like Chengdu, it will ultimately become a landmark and in fact, most of our projects are landmarks.  Thus to maintain our brand and image we buy the best technology from around the world, hire the most experienced consultants around the world (all of them are from some of the most famous companies in the world) and as a consequence this can be very expensive.  Yet this is a cost of doing business in our industry and something that customers have come to expect.  They want the best and demand it.”  However one challenge that should be acknowledged, although perhaps temporary, is the crackdown on government-financed “extravagant” galas and banquets that have taken place at hotels over the past decade.  As a consequence many hotels have faced a rash of cancelations due to the austerity and “anti-corruption” policies currently being implemented.26

Real estate and marriage

As I mention later in several other chapters, following the 4 trillion RMB stimulus (扩大内需十项措施) enacted in 2008 by the Central People’s Government, there was subsequently a large real-estate bubble that grew across the entire country (fáng dìchǎn pàomò).  As a consequence policy makers have attempted to cool it down, to create a soft landing.27  While the efficacies of these efforts are debatable, there are still opportunities and demand for firms that specialize in high-end condos and townhouses.

In fact, while I touch on it in Chapter 15, the relatively expensive property is one area that is sometimes ignored when recruiting talent from abroad (e.g., paying for expat lodging).  For example, while the residential real-estate bubble is largely considered “plateaued” relative to 2-3 years ago, the most expensive property ever sold in China was recently acquired in Shanghai at a price ($8,000/ m²) that most locals and expats alike typically could not afford (the average salary in Shanghai is roughly $9,000 a year).  Yet there is still continual demand for domestic investment opportunities due to a close capital account (see Chapter 5).28 Furthermore, land sales in Shanghai and Beijing continue to reach new highs due to this issue.  For example, at a recent auction in November 2012, one parcel of land sold for $5,431/m² in Beijing.29 And this phenomenon is not relegated to houses and apartments on the mainland as Hong Kong is now home to the most expensive parking spot globally which costs $82,600.30

One of the reasons that these prices may continue to stay at these relatively high levels in larger Tier 1 cities is that migration to these cities continues from around the country side (roughly 48% of the population still lives in rural areas).  And in order to get married, many would-be brides (and their families) require that the groom provide fully paid for apartments and homes to live in.  As a consequence, the groom and his family pool their savings together to purchase these homes, all in the hopes of marketing their sons as attractive mates (over 60% of home purchases are made with “significant backing from the parents”).3132 One reason why this is important is that due to the gender imbalance (approximately 117 males are born for every 100 females) over the coming decade, there will be 40 million men who will be unable to find a mate.33 Thus women (and their families) are increasingly picky and unsurprisingly demanding when it comes to finding life partners.

With the largest population is it unsurprising that China is the largest wedding market.  According to one estimate 13 million couples got married in 2012 and the wedding industry has grown 10-12% a year over the past three years.34 At $9 billion in purchases during 2011, China became the 2nd largest consumer of diamonds (behind the US, overtaking India) and 4 out of 5 couples in Beijing and Shanghai bought engagement rings in 2012.35 Simultaneously 200 million RMB ($32 million) was spent on wedding dresses (4.77 million sets) in 2011.36 As a consequence, as of 2010 the wedding industry was worth $57 billion and the average wedding now costs 200,000 RMB ($32,000).37 This relatively high price tag relative to annual salaries (the average salary in Tier 1 cities is less than $9,000 a year) is feasible due again to the pooling of family resources (e.g., since many families only have one child, the parents will only host one wedding and can therefore spend more on it).  And it provides opportunities for wedding planners and photographers, perhaps even your firm.

In addition, Christine Ng of Bartle Bogle Hegarty (BBH) recently noted that some of the new management offices in hotels are positions such as “director of wedding” primarily because nearly all weddings are held in hotels.38  This is one additional revenue stream that could be tapped into by the hospitality industry.  And with weddings often times comes babies.  And as a result there are business opportunities for those in the maternity industry.  For example, Gome, one of the largest appliance retailers in China is now investing $150 million in a new maternity-focused e-commerce site. 3940

Takeaway:  As China’s infrastructure and cities develop, more travelers – both domestic and international – will visit and tour regions of the mainland.  The hospitality industry, while filled with both local and foreign incumbents, still has potential room for growth and more competition especially at the top-end.


Endnotes:

  1. Tourism Development in China (2011) from the UN World Tourism Organization []
  2. Plan to reduce minimum stay for foreign workers from Shanghai Daily []
  3. The top 10 tourist source countries to China are: the US, Australia, Singapore, the UK, Malaysia, Canada, India, Germany, Indonesia and France. See China Tourism from TravelChinaGuide []
  4. Shaun Rein is the founder of China Market Research Group and the author of “The End of Cheap China.” []
  5. China Lunar New Year Festival Retail Sales Gain 14.7% from Bloomberg []
  6. For Affluent Asians, Africa’s Appeal from The Wall Street Journal []
  7. Chinese rush overseas for holiday from China Daily []
  8. Building boom in hotel industry from China Daily []
  9. Luxury hotel boom leads to oversupply in China from Want China Times []
  10. Meet Hualuxe, China’s Newest Upscale Hotel Brand from The Wall Street Journal []
  11. 2011 At-a-Glance Statistical figures from the American Hotel & Lodging Association []
  12. According to STR Global as of February 2012, globally there are 13.4 million hotel rooms.  See Reader quiz: 16% guess worldwide hotel room count correctly from USA Today []
  13. 7 Days Inn was recently acquired by Carlyle Group for $688 million.  See Carlyle-Led Group Buys China Hotel Chain for $688 Million from Bloomberg []
  14. Hilton is the parent company of DoubleTree and operates more than 30 hotels in China. Marriott is the parent company of Ritz-Carlton.  Marriott operates 56 hotels on the mainland and has another 44 being built.  See Marriott International Announces its 100th Hotel in China from Marriott []
  15. Strong overseas, US sales lift Coach 1Q profit from BusinessWeek []
  16. Meet Hualuxe, China’s Newest Upscale Hotel Brand from The Wall Street Journal []
  17. If your firm is looking to cater to Chinese tourists you may be interested in learning from the mistakes of previous companies that have used stereotypes and clichés to conduct business so as to avoid their pitfalls.  See The cultural cliches the travel industry uses for Chinese tourists from Skift []
  18. The Peninsula Shanghai is Acclaimed as the World’s Best Business Hotel by Travel + Leisure Magazine from PRNewswire []
  19. Another Shanghai hotel recently received an international award for its interior design and decoration.  See The Swatch Art Peach Hotel Shanghai wins prestigious prize for daring design at the Tatler Travel Awards 2013 from Travel Daily News []
  20. See Beijing to offer 72-hour visa-free stay for foreign visitors in 2013 from People’s Daily and 45 countries listed for 72-hour visa-free stay in Shanghai from Global Times []
  21. Coming Soon, Visa-Free Beijing Visits from The Wall Street Journal []
  22. Leadership in China’s Hopsitality Industry Begins at the Head Office from Heidrick & Struggles []
  23. Ibid []
  24. Shangri-La will open its 71st hotel this year.  Headquartered in Hong Kong, these are all high-end 5-star accommodations.  See Billionaire Kuok Says His Empire Can Last ’Generations’ from Bloomberg []
  25. Mind Group []
  26. Hotels feel the pinch as banquet business slumps from Xinhua []
  27. While a lot of focus from journalists (both foreign and domestic) has been on real estate prices in Tier 1 cities, bubbles formed in other tertiary cities as well, such as Yingkou in Liaoning province.  See Beijing issues new rules to limit house purchase from China Daily,王安顺:北京房地产调控决不动摇from Yicai and Real Estate Bubble Expands to Third and Fourth Tier Cities from The Economic Observer []
  28. This is not to say that these properties will lay dormant, especially as the middle class grows and rural migrants continue to move to Tier 1 cities.  See Who Says China is Building Too Much? from The Wall Street Journal Shanghai Sells Year’s Most Expensive Land as Market Recovers from Bloomberg []
  29. See Shanghai property sold for US$35,000 per square meter from Want China Times, Average salaries rise by 10.9% from Shanghai Daily, Land price at record high in Beijing, Shanghai from China Daily and Four Land Parcels in Beijing Sold for CNY 3 Bn from ChinaScope Financial []
  30. The $640,000 parking space from CNNMoney and Hong Kong Parking Costs $387,000 as Cash Moves From Homes from Bloomberg []
  31. In terms of average age for first-time home buyers, at 27 years old, Beijing actually has the lowest average in the world, due in part to parents and relatives pooling savings together.  See First-time house buyers are youngest in China: survey from Want China Times []
  32. China’s Hot Real Estate Market Takes Broad Toll from NPR []
  33. See China’s gender imbalance alleviates but still grave from China Daily, The Plight of China’s Favored Sons from The New York Times and Bride Shortage in China from Facts and Details []
  34. In 2009 there were 11.45 million marriages and increased to 13 million in 2012.  See China reports more divorces, marriages in 2009 from Confucius Institute and Loving China: Romance, Dating & Weddings from Thoughtful China []
  35. See China to overtake U.S. in diamond consumption from Xinhua and Diamond Demand Slows in China from The Wall Street Journal []
  36. Profound Evaluation and Development Trend Forecast of China’s Wedding Dress Market, 2011 to 2015 from Huidian Research []
  37. Loving China: Romance, Dating & Weddings from Thoughtful China []
  38. Ibid []
  39. China’s Gome Invests CNY1 Billion In Maternity E-commerce Website from China Tech News []
  40. Dating sites are also increasingly popular for a variety of reasons and by 2014 these sites are expected to generate an estimated $318 million in revenue.  The largest, Jiayun, has 68 million registered users.  Yet another area that may be relatively untapped is the divorce app market.  For example, more than 5,000 couples divorce each day in China.  Roughly 1.96 million couples got divorced in 2009; in 2011 2.9 million couples got divorced.  In fact, the divorce rate has doubled over the past decade in Beijing and Shanghai and is now nearly 40% (for comparison the national divorce rate is 2.29%).  To be even handed, some of these divorces may be related to avoiding regulations on buying 2nd or 3rd homes.  Yet just like in the West, when children are involved, the custody issues require communication between exes.  Thus online communication through apps may be a potential market.  See Ensuring a long marriage with insurance from China Daily, Joint Custody From A Distance from The New York Times, Divorce: Why the big breakup in China? from CNN, China’s Hot Real Estate Market Takes Broad Toll from NPR, China’s divorce rule dubbed ‘Law that makes men laugh and women cry’ from The Telegraph, Over 5,000 couples divorce each day in China during first quarter from People’s Daily, Divorce rate exceeds one third in Beijing and Shanghai from SINA, Shanghai has 2nd highest divorce rate in China from People’s Daily and Divorce app could help couples decide if their marriage has a future from The Guardian.  See also Why China’s Internet Dating Sites Are Booming from Worldcrunch and Dating in a Digital World: Trends in 21st Century China from Knowledge@Wharton []

Chapter 5 – Financial services

[Note: below is Chapter 5 from Great Wall of Numbers]

Since Deng Xiaoping’s “Southern tour” in 1992, China has consistently been one of the top recipients of foreign direct investment (FDI), totaling $85 billion in 2010 and $574 billion overall.  In contrast, up until recently the US still led in both annually received FDI ($194 billion in 2010) and $2.58 trillion overall.  Even though its full year FDI received fell from the year before – a decline that continued through February 2013 – in the first half of 2012 China actually overtook the US for received FDI ($59.1 billion versus $57.4 billion).1

And while US firms and institutions currently invest more FDI within China than Chinese firms invest in the US (in 2011, Chinese companies invested $6.3 billion in the US representing 0.15% of total foreign investment in the US) this will probably change – despite a closed capital account (discussed in Chapter 10).234 For example, among other deals, a Chinese firm was recently granted approval in December 2012 to purchase bankrupt Massachusetts-based battery maker A123 Systems for $256.6 million.5 As a consequence Chinese outbound investment in 2012 such as mergers and acquisitions reached $8 billion for the first time in the US, globally increased to $93.09 billion (compared to $13.58 billion in 2007) and its outbound direct investment (ODI) is expected to reach $150 billion by 2015 due to deals such as A123 Systems.678 One example of continued investment is from ENN Group, one of the largest private companies in China.  Through a joint venture with CH4, a Utah-based energy company, ENN plans to open a network of 50 natural gas stations across the US this year.  Each station costs about $1 million to build and the joint venture has a goal of building 500 stations altogether.9 For comparison, the EU collectively receives twice as much FDI from China than the US currently does (due in part to political trepidation).10

Where are the potential investments that Chinese firms have looked at in the US?  For example, during the build-out of the enormous Haynesville natural gas fields in the Texarkana region, one of the investors courted by local energy companies was CNOOC (the 3rd largest oil company in China), which at the time reportedly wanted to invest $750 billion into the North American energy business.11 It is unclear as to how much they did end up investing (or if they returned a profit) but several Chinese energy companies have now moved up to Canada and invested $3 billion in a new pipeline project in the tar sands as well as put together a “$15.1 billion deal to acquire Nexen.”1213 In February 2013 the deal closed marking the completion of the largest overseas acquisition by a Chinese company.  And depending on regulatory conditions North American energy firms may or may not continue to do business with Chinese firms, yet there is one area that foreign experts can provide inside of China right now.

So what opportunities are there for foreign financial professionals?

While it has become almost cliché to say, finance is one of the industries that is undergoing “reform and opening up.”  This involves building institutions, physical infrastructure and a legal structure – all of which is thoroughly discussed in both Mark DeWeaver’s new book as well as a Brookings Institute report in June 2012.14 Yet reforms in general are always just around the corner.15

For example, because of pent up savings due to relatively few investment vehicle choices on the mainland, once larger liberalizations begin, there will be opportunities that can come from not just asset management and private equity (PE) markets but through the large expertise requirements in the relevant fields that currently do not exist (e.g., debt structuring).  As part of the once-in-a-decade leadership transition that began in November 2012, one expectation was and is that there will be a “big bang” of reforms in the coming months.1617 One immediate, visible reform was the creation of super-ministries referred throughout this book (e.g., Ministry of Health dissolving to become National Health and Family Planning Commission).18 Another case in point, on November 19, 2012 the State Administration of Foreign Exchange (SAFE) announced that it “ended 35 foreign-exchange approval rules and simplified others.”19 By reducing paperwork and shortening approval processes, such liberalizations are done with the intention of attracting FDI.  On December 12, 2012 the Shanghai stock index surged to its highest daily gains since October 2009 due to policy changes in the Qualified Foreign Institutional Investor program (QFII合格境外機構投资者).20 As a consequence sovereign wealth funds such as Qatar Holdings and central banks are now allowed to raise more than the $1 billion previously permitted for investing in the securities market.21

Another instance is on December 17, 2012, where a number of new liberalizations were implemented such as reducing regulatory approval and remittance of profits for foreign-owned companies.  Continuing this trend, on February 28, 2013, the government expanded its short-selling program which will now enable select brokerages to borrow shares from preapproved publicly traded companies.22 And on March 15, the China Securities Regulator Commission announced that effective immediately, brokerages could convert loans and other assets into securities, paving the way for securitized business.23 On a provincial level, financier Harry Ding (see below) explained to me, that pilot regions throughout China are also enacting reforms to make it easier for entrepreneurs to begin operating.  Shenzhen and Zhuhai in Guangdong announced that effective March 1st they have streamlined 18 different business licenses, created a new version of business licenses which no longer requires lengthy documentation procedures and removed some of the registered capital restrictions.24

Another specific area you and your firm may be able to literally capitalize on shortly is building a local bond market in structured debt.  Over the past several years there have been attempts to roll out local government bond markets on the mainland.  In November 2011, Shanghai issued China’s first local bond issuance yet eight months later, all of the programs were scrapped.25  Yet a year later, in November 2012, the China Securities Regulatory Commission (CSRC) approved a plan from ICBC (the largest commercial bank in China and in the world) to start a pilot program of selling bonds known as asset-backed securities (ASB) beginning in 6 months.26 The local market of this local debt, based on several estimates of over 10,000 local-government financing vehicles (entities that were set up to bypass these kinds of bans) is between $1.7 trillion and perhaps up to $5.4 trillion, which I discuss later in Chapter 17.27

Foreign firms specializing in managing distressed loans have already capitalized on opportunities on the mainland (with mixed results), including Shoreline Capital Management who raised $300 million for a new fund last year specifically to invest in distressed Chinese debt.28 DAC Capital is also in the process of raising $300 million for a new Chinese-focused fund.  The gamble is while investors in such debt may receive returns if and when a borrower repays portions of the loan, local government policies and a nebulous court system can make returns lower than they would have otherwise would have been (e.g., transaction costs and opportunity costs).

In October 2012 I spoke with Shawn Mesaros, CEO of Pamria an asset management firm located in the financial district in downtown Shanghai.29 Despite these setbacks above, in his view SOE banks will “eventually become facilitators, that they will offload debt which can then be restructured.  As a consequence there will then be a bigger market for sovereign debt.”  In addition, even though public capital (through SOEs) is currently cheaper than private capital Mesaros thinks that private equity (PE) is still a relatively good business, “it is not as easy as you think because domestic companies typically would rather not share equity in exchange for your capital.”  For perspective, according to the consultancy Bain, “the total value of mainland private equity investments jumped from US$3.7 billion in 2005 to US$15.2 billion in 2011.”30 And nearly $230 billion worth of deals were collectively completed between 2001 and 2012.31

Yet to give you an idea of the soft PE market today in China, according to a recent report from the Wall Street Journal, both foreign and domestic PE firms have been struggling over the past two years.32 The value of PE deals in 2012 declined 27% to $21.9 billion in part because of the domestic stock market performance.33 Between 2010 and 2012 the Shanghai Stock market declined roughly 37%.  Fortunes however, may continue to fluctuate in the future as the main benchmark index regained about 9% in the first six weeks of 2013 then lost 7% over the following month through mid-March.34 However because many investors cash-out of their positions through the securities exchange, fewer firms have wanted to go public.

Subsequently, private-equity firms which provide this junction have been affected as well.  In fact, in 2012 there was a 70% drop in initial public offerings (IPOs) – in the first half of 2012 alone there was a 37% drop in IPOs, from 218 during the same time last year to 138.35 PE deals as a whole “fell an unprecedented” 43% last year.36 Furthermore, of the 10,000 PE deals conducted between 2001 and 2012, 7,500 remain “unexited” as the firms cannot go public on Chinese exchanges.  And whereas PE firms in China raised 75 yuan-denominated funds in 2011 and raised another 52 yuan-denominated funds last year, only 2 new funds have been raised in 2013 (both focused on real-estate investment).37 This is in part because there has been an across the board red light from Chinese regulators since last summer (as of January 31, 2013, a record 873 companies have filed for IPOs in China yet have to wait) and Chinese firms trying to list on American credit markets are essentially persona non grata due to regulatory oversight from the SEC and disagreements with Chinese auditing regulators.383940

However despite these drops, there is still an active set of foreign and domestic PE activity, including Jiuding (the top domestic PE firm) who has averaged an internal rate of return of 30% since 2010 (an IRR is one gauge of how profitable investments are).41 Furthermore, this “softness” in the PE market may have a silver lining as well.  For example, according to Peter Plakidis of Deutsche Bank, “[a] softer equities capital market has meant that private equity is not competing as much with public money, and depressed public valuations have improved the returns for private-equity firms.  Hence, private-equity firms now have more companies on their radars as attractive investment opportunities.”42

In addition to PE, according to Mesaros, one large SOE bank on the mainland is already filling an office floor just for fixed-equity investments.  And if they are doing it, then perhaps other SOEs are close behind.  What this means to Mesaros is that eventually the big spreads “that can roll over price takers will become smaller.”  This also means that there is potential for foreign experts in this field to also train and get involved at a variety of levels within the periphery of this investment field.

Human capital

And in both the long and short-term, irrespective of growth trends on the macro side (which I discuss in later chapters), expertise in these two areas is in short supply.  At the same time, as noted above one challenge in this type of training is retention.  I was told by an another American source that a very large US bank (top 3) has trained numerous local financial experts in some of these sub fields (like forfaiting and futures) yet was unable to retain them due to an insatiable demand for such experts at mainland institutions.  Or in short, since talented human capital in certain areas is scarce, training may be a risky endeavor.43

Natalia Shuman, the new COO of Kelly Services’ in China recently explained the labor supply issues of financial experts in this region,

[…] the lack of supply and high demand is reflected in compensation.  If you look at Shanghai’s market today it’s not only financial analysts.  There are multiple positions and multiple functions where salaries are very competitive compared with global.  People are getting the same salary, maybe even higher, particularly in Shanghai and Beijing, compared to New York or London nowadays.44

And recruiting local talent for financial positions is also a seller’s market in Shuman’s view “Chinese with Western experience who are coming back here; they could easily get more money here than they would get in New York or London.”45 Further human resource constraints including retention issues are discussed later in Chapter 15.

For perspective in December 2012 I spoke with a Chinese financial manager at Fosun International (复星国际有限公司) in its Hong Kong corporate subsidiary.  Fosun is the largest privately held company in China, generating 25.73 billion RMB ($4.12 billion) in the first half of 2012.46 According to him, “I have colleagues who have a lot of career experience in the financial industry on the mainland but they currently do not have a competitive edge over their international counterparts when applying for finance positions in Hong Kong or elsewhere.  Yet simultaneously, if they want to further their career they would prefer working outside the mainland because both the experience gained and the compensation in the international marketplace is significantly higher than anywhere on the mainland.  And since the financial infrastructure and investment instruments in Shanghai still have not reached ‘critical mass’ it is basically more of a regional financial center compared with Hong Kong, which itself is filled with experienced staff in dozens of specialties that do not exist yet on the mainland.  Concurrently, because there are more and more banks in China and more and more people that have financial backgrounds and overseas educations they also want to pursue careers in this industry making it very competitive in certain specialties compared with previous years.”47

On the other hand, he still sees opportunities as “the mainland industry needs experts to train local people how to work in all areas in this growing market because there are relatively few providers doing it today.  Not just in debt markets, M&A, private equity or IPOs, but also in all forms of international trade such as letter of credit, trade finance, arbitrage and export finance.  Since there is a lot of overseas businesses that want to do business in China these banks will continually need to hire people capable of not just fulfilling relatively basic financial services today, but also the more advanced investment instruments and complex transactions in the future.  And since nearly all of corporate finance on the mainland still depends on bank loans for credit, banks typically provide most finance and capital for nearly all companies.  Thus foreign service providers can potentially bring their knowledge to our young industry for a mutually beneficial exchange.”

What are these salaries like?  A recent Bloomberg report similarly noted the demand for qualified financial professionals and experts for China, yet also found that managing directors now earn less than they would in the US and roughly “on par with those in Europe and the U.K.”48 For example, managing directors in Beijing and Hong Kong earned between $900,000 and $1.3 million in salary, bonus and stock options last year – while their counterparts in the US earned $1.2 – 2.01 million and their peers in the UK and Europe earned $850,000 – $1.77 million.

Wealth management

In November 2012 I spoke with Richard Johnsson who was the President & CEO of Soderberg & Partners in Beijing.  Soderberg & Partners is an independent financial advisory targeting high-net worth Chinese citizens since 2007.  According to Johnsson, “one of the challenges early-on was to establish a business in a field that didn’t exist in China, and few could see the benefits of independent advice.  The competition was all about returns, as opposed to for example tax planning; and the commissions were very low.  But lately, the industry has expanded very fast.  And one of the opportunities is of course that it is highly likely that the tax system and regulatory setup will look more and more like in the West.  This will mean complicated tax systems and tax deductions will make planning hard for people, thus driving sales.  On the other hand, other parts of government will try to control the industry, driving extensive compliance.49 But the former will likely come before the latter.”  All of the Big Four auditing firms and Big Three management consulting firms have long ago established mainland offices; can your firm provide similar services?

In January 2013 I also spoke with Harry Ding, a native of Guangdong who has worked as a manager in the finance industry on the mainland for the past five years.  According to him, “one of the opportunities for activities like day-trading and forex trading is that you do not need to have a PhD in finance to understand and be successful or even profitable in these segments.  As a consequence, the companies I have worked with over the past several years usually involves training new college graduates with finance backgrounds how to use econometric models and computing technology to conduct their trades.  While there are licensing and training fees as well as a learning curve, in the long-run their relatively lower labor costs usually acts as a profitable form of arbitrage.  That is to say, that because they can effectively trade on exchanges like the Toronto Stock Exchange, they are usually several times cheaper to hire and manage than local talent in Canada.”  Forex means ‘foreign exchange’ and typically involves the buying, selling and trading of foreign currencies (e.g., JPY, USD, GBP).

Ding also sees a few challenges in that, “because of the numerous restrictions on the financial industry and because of its overall developmental status, there are not as many investment tools and instruments available and those that exist can be difficult to trade profitably at large volumes.  As a result, many individuals and institutions have turned to overseas investment.  And by virtue of the fact that much of a firm’s activities are conducted overseas, it normally requires investors to transfer money out of China which oftentimes makes domestic clients feel uncertain as their assets are not physically close by, creating a psychological insecure feeling (e.g., uncertainty) especially in recent years as Western countries have had numerous financial scandals that have shaken investor trust and confidence.  In addition, China has a capital transfer restriction that strictly prevents citizens from transferring assets to a broker or investment firm outside the mainland over an annual limit of $50,000 USD.  Thus any amount beyond that requires other legal ways to process and transact it.”  These capital restrictions are discussed in Chapter 11.  Furthermore, can you or your company utilize local talent like Ding’s firms have?

Ding’s point regarding a dearth of investment instruments was recently echoed by Nick Yim head of Goldman Sachs China Market.  According to Boston Consulting Group, the total value of private investible assets in China reached $12 trillion in 2012 (a 14% increase year over year).50 Where are these assets?  According to Yim, most of his high-network clients only have “have 20% to 30% of the funds parked offshore, the rest remains onshore.”51 And because of the global financial crisis and relatively slower domestic growth, these clients “have become more conservative and now behave more like U.S. clients.”  This means they are looking for safe, conservative lower yield products.  While there are a limited number of investment products and a scarcity for seasoned bankers, which he considers to be the two biggest challenges, Yim sees a lot of growth potential due to improving legal and regulatory frameworks.  And ultimately, because China also has a single culture, currency, language and regulator, he thinks that there are a lot of opportunities for Western private banks to provide diversification, risk management and retirement planning services in what may become the world’s largest economy in the next decade.

Takeaway: With more than 57 million inbound tourists that spent $48 billion last year, the domestic Chinese tourism industries is one of the largest in the world.  Training staff and putting together a brand positioning campaign are just two areas of many that foreign expertise can bring to the growing industry (which may grow from 2 million hotels today, to 5 million in the next four years).  In addition, financial service companies may be able to find opportunities to not only to train local financial firms on bond technicalities but also provide ancillary services to fixed-equity investment programs.  And in addition to conducting your due diligence it is also recommended that you read through Chapter 10 regarding legal and regulatory risks and uncertainties.


Endnotes:

  1. See China’s Foreign Direct Investment Declines for Eighth Month from Bloomberg, China 2012 FDI suffers first annual fall in three years from Reuters and China Overtook US as main Destination for FDI in First-half 2012 –UNCTAD from The Wall Street Journal []
  2. Investment from China in US reaches record high from China Daily []
  3. According to the World Bank total overseas investment by Chinese firms reached $21.4 billion in Q1 2012.  This is substantially higher than $17.8 billion in all of 2009.  See China Buys Overseas Assets from The Wall Street Journal and China’s overseas direct investment strategy from finfacts []
  4. The Shift from East to West: Chinese Investment in North America from Firmex []
  5. See Chinese company buys battery maker that got recovery funds from The Washington Post and Investment from China rises amid concern from The Washington Post []
  6. See Chinese Investment to the U.S. Speeds Up from Caijing from Caijing, Chinese outbound investment accelerates from China Daily, Investment from China rises amid concern from The Washington Post and Make It for China to Buy U.S. Businesses from Bloomberg []
  7. Another area Chinese individuals and firms are now investing in is the US real estate and property market.  According to a recent report, “[b]uyers from China also invested almost $2 billion in commercial property in 2011, or quadruple what they spent several years ago.”  One of the recent deals was led by China’s Vanke (the largest real estate developer on the mainland) who agreed to a $620 million project in San Fransico in December 2012.  See Chinese buyers lead foreign investment in US housing market from Fox News, China Vanke Arrives in U.S. from The Wall Street Journal and Lennar Said to Get $1.7 Billion San Francisco Loan from Bloomberg []
  8. See A Gateway to the U.S. by Daniel Rosen and Thilo Hanemann, China’s outward FDI to reach US$150bn by 2015 from Want China Times and FDI with Chinese characteristics from The Economist []
  9. Chinese firm puts millions into U.S. natural gas stations from Reuters []
  10. Chinese Investment: Europe vs. the United States from Rhodium Group []
  11. After the Boom in Natural Gas from The New York Times []
  12. Another segment Chinese firms are expanding into in the US and Europe is construction equipment.  Sany is China’s largest heavy machinery manufacturer (e.g., excavators) and aims to become the largest globally in the world.  As a consequence it is looking abroad for mergers, acquisitions and joint-ventures.  Perhaps your firm could find a new partnership with them.  See Sany Tries to Gain Traction in the U.S. from The Wall Street Journal []
  13. China takes new step in oil sands from The Globe And Mail []
  14. See Animal Spirits with Chinese Characteristics by Mark DeWeaver and Achieving 2020 from the Brookings Institute []
  15. See Foreign capital rules eased from China Daily and China Capital Account Restrictions Loosened for Foreign Investors by Stan Abrams []
  16. China Big Bang Seen Like London in New Regime: Cutting Research from Bloomberg and Reins on Shanghai set to be loosened from South China Morning Post []
  17. In addition to QFII, a recent report suggests that citizens of Taiwan, Hong Kong and Macau could invest directly into mainland stock exchanges.  See Mainland to allow overseas citizens in stock market from Xinhua []
  18. Graphics: Super Ministry from Caixin []
  19. SAFE Issues New Rules to Further Relax the Foreign Exchange Controls over Direct Investment from King & Wood Mallesons []
  20. See China Scraps QFII Limit on Sovereign Funds, Central Banks from Bloomberg, China’s Stocks Drop Below 2,000 from Bloomberg and China stocks fall below 2000 to 4-year low from South China Morning Post []
  21. See Qatar granted $1b QFII quota from Reuters, China’s Qualified Success In Attracting Qualified Foreign Investors from China Bystander, China pledges to expand QFII, RQFII programs from China Daily and 64 More Institutions Enter China via QFII, CSRC Official Says from Caixin []
  22. China to Expand Short-Selling Program as Part of Reform from Bloomberg []
  23. China Allows Brokerages to Conduct Securitization Business from Bloomberg []
  24. 深圳、珠海商事登记改革3月1日起正式实施国家工商总局支持两地启用新版营业执照from Guandong Province Administration for Industry & Commerce []
  25. See Shanghai makes China’s first direct local-bond issue from Reuters and China Scraps Trial of Local Government Bonds, Studies Risks from Bloomberg []
  26. Regulator Allows Bank Subsidiary to Sell Special Bonds from Caixin []
  27. According to Shang Fulin, chairman of the China Banking Regulatory Commission, as of September 2012 the local government debt collectively amounted to $1.48 trillion.  See High local debt levels coming under control from China Daily and China averts local government defaults from Financial Times.  Other higher estimates can be found in China tells banks to roll over local govt loans: report from Reuters and Are Chinese Banks Hiding “The Mother of All Debt Bombs”? from The Diplomat []
  28. Back in Fashion: China’s Bad Debt from The Wall Street Journal []
  29. Pamria Asset Management []
  30. No exit from China Economic Review []
  31. Private Equity in China: Which Way Out? from The New York Times []
  32. Chinese Headwinds Beset Private-Equity Highfliers from The Wall Street Journal []
  33. China Private Equity Chilled by ’Old Days’ Asking Prices from Bloomberg []
  34. See China’s Stocks Slump to Two-Month Low on Property Curbs from Bloomberg, Finding Investment Opportunities in a Tough Market from The Wall Street Journal and China IPO Hiatus May Prompt Smaller Firms to Seek HK Listing from The Wall Street Journal []
  35. This decline in IPOs is not a new phenomenon; even Hong Kong has had difficulties this past year.  See Bankers See Fees Fade as China Era of Jumbo IPOs Draws to Close from Bloomberg and Hong Kong Has Tough IPO Road Ahead from The Wall Street Journal []
  36. China Private Equity Chilled by ’Old Days’ Asking Prices from Bloomberg []
  37. Doubts Over Returns Hit Fundraising in China from The Wall Street Journal []
  38. See China IPO Hiatus May Prompt Smaller Firms to Seek HK Listing from The Wall Street Journal, Private Equity in China: Which Way Out? from The New York Times, Auditing Spat Dividing U.S. and China Turns Ugly from Caixin and MNCs in China and PCAOB deregistration from China Accounting Blog []
  39. Foreign auditing firms such as the Big Four are stuck between the proverbial rock and hard place.  On the one hand the SEC requires that these firms hand over audit documents to be verified and audited by the government, yet due to Chinese laws, the same auditing firms sometimes cannot hand over some of the documents as the audit documents are considered “state secrets.”  See Deloitte sued over audits of ChinaCast Education from Reuters and MNCs in China and PCAOB deregistration from China Accounting Blog []
  40. The IPO process has been frozen for six months in China because the security regulators are currently reorganizing both the process and the personnel involved in the approval process.  See Finding IPO Alley from Caixin []
  41. The private equity (PE) market has also been directly affected by other policies recently discussed in With Great Power Comes Great Responsibility from Peterson Institute for International Economics.  On the other side of the Pacific, PE and Chinese firms were recently discussed in Chinese Firms Take Lonely Buyout from The Wall Street Journal []
  42. In China IPOs, the Upside of Scarcity for Private Equity from The Wall Street Journal []
  43. Another short term area for opportunities may be as an auditor due to the large dispute between the US and China over potential delistings of Chinese firms from US credit markets.  See What U.S.-China Auditing Dispute Means for Chinese Business Culture from The Wall Street Journal, U.S. audit watchdog chief hopeful on China dispute from Reuters, Auditing Spat Dividing U.S. and China Turns Ugly from Caixin and MNCs in China and PCAOB deregistration from China Accounting Blog []
  44. Developing a Competitive Edge from Insight []
  45. Ibid []
  46. Fosun International Announces 2012 Interim Results Revenue and Net Portfolio Value Continue to Grow from PRNewswire []
  47. For a detailed explanation of criteria and challenges regarding Shanghai’s push to become an international financial center see Achieving 2020 from the Brookings Institute. []
  48. China Bankers Earn Less Than New York Peers as Pay Dives from Bloomberg []
  49. See Starting a business in China from the World Bank and New Path for Trade: Selling in China from The New York Times []
  50. Private Banks Enter ‘Golden Period’ in China from The Wall Street Journal []
  51. Ibid []

Chapter 6 – Games, health and robotic related services for the elderly

[Note: below is Chapter 6 from Great Wall of Numbers]

In October 2011 I had a bad bout with food and ended up having to stay in a hospital for a few weeks in provincial China.  In contrast to the modern facilities at Huadong hospital in Shanghai (which I have also visited), all three public hospitals in Bengbu, Anhui were at the time, less than sanitary and for residents of the West, a seemingly step-backwards-in-time.  During my stay, I befriended one of the surgeons who had studied in Switzerland.  Dr. Wang or “Charley” as he affectionately called himself, gave me a tour of the in-patient facilities I was staying and said, “Tim, look around, we can barely cope with medicating and treating these patients – how could we possibly take over the world as some media outlets suggest?”

He raises a visceral point.  Despite the abundant growth over the past three decades, one of the industries that has had its share of growing pains is the health care sector (see Chapter 19 for more).  While the debate over government versus private ownership and maintenance of the industry continues on in China, there are a number of opportunities that US medical companies can capitalize on. For example, while the pharmaceutical industry is basically tied up with patent and legal proceeding and negotiations on both sides of the Pacific, US-based medical equipment and medical device manufacturers now have a liberalized export channel compared to just a few years ago.

Overlooked yet increasingly important

On a national level, life expectancy in China has grown from 65 in 1976 to 73 in 2010.  While its increase may have plateaued, reaching farther back in time illustrates how prolonged life expectancy is a positive spillover effect due to economic growth.1 For instance, according to Xinhua, the average life expectancy in Guangdong (the wealthiest province) has risen from 31 in 1949 to 75 in 2008.234

Assuming the retirement age is not increased, by 2050, it is estimated that 31% of China’s population will be near the age of retirement.5 In contrast, today about 14.8% of China’s population is over the age of 60.67

Yet with these demographic changes come different opportunities as well.  According to Zhao Baohua of the Gerontological Society of China, he notes that in terms of entertainment and “toys” for the elderly, “[a]bout 99 percent of Chinese toy factories just produce items for children, but in more-developed economies about 40 percent of toys are designed for older people. It may take China 30 years to catch up with some countries in this area.”8

Here is an area where Western-based toy, games and entertainment companies can export goods and services to a market ripe with potential.  For instance, Amazon.com has several pages of “toys for the elderly” and “toys and games for senior citizens.”  And as described below, there are a number of other made-for-the-elderly products that are currently available in the West but not in China.

This also raises the question, what activities do elderly populations in other countries have access to?  One potential answer to that could be the apartment complex where I currently live in Changning, Shanghai which has a small playground that is typically used by both toddlers and the elderly alike.  According to a Reuters report, “there were over 15,000 pieces of elderly workout equipment parks across Japan.”9 This same report noted that “an elderly playground starts at 8 million yen ($87,220), including the installation of equipment and instructors’ fees.”  Thus there is a potential business opportunity for US firms that develop playgrounds to export their products and services to China.

What about demobilizing conditions?  In the Netherlands, a village was recently built that “doubles as a nursing home,” serving clients suffering from dementia and Alzheimer’s.10 Similarly in Switzerland, a $26 million village has been built catering to the elderly afflicted with Alzheimer’s as well.11 In 2007, six million Chinese suffered from Alzheimer’s and that number is expected to grow markedly as the population ages.  In fact, one third of all Alzheimer’s sufferers live in China.  Shanghai alone has 120,000 residents with Alzheimer’s or dementia.12 While the debate and conversation over how to help treat these patients is still on-going, many Chinese families have now found solace through new treatment centers opening across the country.13 And with new centers comes potential markets.

What can foreigner medical experts do on the mainland?

In November 2012 I spoke with J.J. Liu who is originally from Beijing.  After completing graduate school he moved to California and worked in the bio-med industry for about 20 years before returning and now is the marketing manager for QIAGEN’s operations in China.  QIAGEN is a German biotech firm that builds and designs technologies to diagnose and measure biological specimens (e.g., when you give a blood test, they make the machine that analyses it).  Liu mentioned that as China ages the potential to provide services for the elderly increases as well.  For example, he noted that because of the economic boom in the 1990s and early 2000s many of the elderly now have more assets and funds to spend on improving their health, including the possibility of residing in assisted living facilities – or as he observed, “villas and hotel-style living that are arguably more culturally acceptable.”

Historically, Liu explains, “in the past the average resident did not have the resources to receive medical treatment – while the medical knowledge and facilities were lacking – families simply did not have the assets and resources to finance medical treatments.”  As a consequence, many families simply self-medicated through the purchase and consumption of relatively cheap drugs and TCM (Traditional Chinese Medicine or 中医) at local pharmacies.  While this self-medication phenomenon still takes place, Liu and others expect that these consumers will be able to utilize modernized Class 3 hospital facilities (the top flight), many of which are now stocked with the latest medical equipment.

What other opportunities can foreign companies become involved in?

In Chapter 3 I noted that Chinese consumers largely perceive foreign brands as premium quality. Liu noted that pharmaceutical brands are no different, as “Chinese patients are partial to imported products.”  Yet one of the limiting factors has been relatively high prices.  And some medicines like insulin for diabetes have few generic substitutes.  This price inelasticity means that the 92.3 million diabetes sufferers alone (China is now the “capital of diabetes”) have created an additional $3.2 billion drug market.14

Liu also expects that the current health care reforms being implemented by various levels of government via the 12th Five-year Plan will have “wide-ranging effects, most notably in terms of pharmaceutical costs.  Previously multinational companies [MNCs] were given a preferential pricing policy that allowed them to charge 100-200% markups on medicines whose patents were already running out in the West.  In the next several years this markup will be reduced to a mere 10-20% while simultaneously generic brands are introduced.”

Prior to these reforms, Chinese policies required that in order for MNCs to have access to the market they would need to produce and manufacture the pharmaceuticals on the mainland.  In doing this, policy makers expected a knowledge transfer would take place – as in the auto industry, which I briefly discuss later in Chapter 10 – as MNCs would need to train local staff and administrators.

Subsequently, while very little original research and development has taken place on the mainland over the past decade, going forward many MNC pharmaceuticals have opened up regional headquarters in China to take advantage of both the increased resources being placed into the health care industry as well as recruiting from a well-trained local talent pool.

What does this mean for you and your company?

In six years since it was established, QIAGEN’s Asia Pacific sales have grown from zero to accounting for almost 20% of global sales.  Simultaneously its Shanghai headquarters has grown from 1 employee to 400.  How has it done this?  Its double digit growth rates comes from selling medical systems – like those described above – through distributor channels to hospitals and clinical research facilities (QIAGEN as a whole generated $1.17 billion in 2011).  And because of the various reforms being enacted in all cities, counties and provinces, there are substantial areas of growth for medical providers, both domestic and foreign.  One other area where Liu sees specific potential opportunities for foreign experts is to help set up and train staff at a wide-array of facilities, including retirement villas.  Thus if you and your company already provide health care services you may be able to find new opportunities and revenue streams in China as well.

Lack of products presents opportunities

While services such as LifeCall’s medical alarm (creators of the catchphrase: “Help, I have fallen and I can’t get up”) have been offered to US residents for more than 15 years, there are few equivalents in China at this time.  Even though it is debatable whether or not such a service would prove to be popular in China, one possible product that has gone under the radar and could appeal to elderly Chinese consumers are e-Pants, designed by engineers at Virginia Tech.15 Embedded in the pants are several electronic gyroscopes and accelerometers that communicate to nearby computers via Bluetooth and can detect whether or not a wearer has fallen down.  Similarly a team of researchers at the University of Adelaide are using RFIDs and software to detect sensory movement and help monitor the activities of the elderly so that these aged consumers can continue to live both independently and safely at home (e.g., alert emergency providers if an accident occurs).16 Maybe you or your company can integrate LifeCall’s functionality with e-Pants.  Or perhaps your firm can take a page from Fujitsu who in February 2013 unveiled a “smart” cane called the Stylistic S01.17 Embedded in the handle of the cane is a GPS with LED lights that can help point the user in the correct direction.  In addition, built-in sensors can monitor temperature, heart rate and even humidity.  Their target market is the elderly as well.

Because of Japan’s rapidly aging population (it has the highest average age in the world) its engineers are also at the forefront of innovating and producing both machines and robotic solutions to provide support for the elderly.18 For example, the AGNES suit allows its wearers to feel what it is like to have limitations in physical motility.  The Hybrid assistive limb (HAL) is a new robotic exoskeleton developed by Tsukuba University in a bid to help improve the physical capabilities of its users.19 In the UK there is Hector, a mobile “assistive” robot that can follow its owners and take commands via a touchscreen.20 In the US, there are a number of social and domestic cleaning robotic projects such as the PR2 from Willow Garage and the Roomba from iRobot.21 And since China is rapidly aging as well, this presents an opportunity not just for foreign robotics companies but also IT firms to export their solutions to China (see Chapter 13 as well).22

Digital demographic differences

While personal computer ownership in China continues to increase over the past two decades, as the average urban salary is about $3,430 a year, the typical urbanite usually does not have the funds to pay for one at home.23 That serves as a reason why, internet bars or net cafes (wangba) are substantially much more popular than their Western equivalent.  Xinhua estimates that as of 2009 there are more than 138,000 “cybercafés” in China.24 And 70% of the customers are between the ages of 18 and 30.

So where does this leave the aged and elderly?

As I mention later in Chapter 13, both the iOS and Android app marketplace’s in the US have a number of simple games that some older audiences have gravitated towards.  And as smartphone proliferation continues in China, this presents Western developers and programmers with an opportunity to port and translate their games to a similar demographic across the Pacific.

For example, in 2012 approximately 189 smartphones were sold in China and at the end of November 2012 there were now 1.104 billion phone users on the mainland – 233.4 million were 3G users (3G adoption will increase by 100 million in 2013).2526 This past summer China overtook the US to become the largest smartphone market.27 Flurry now estimates that as of February 2013 there were 246 million smart devices in China compared with 230 million in the US.28 It is thus unsurprising that China is also the fastest growing market for iOS and Android devices.29 Yet in terms of demographics, the vast majority (~90%) of smartphones on the mainland are owned by users who are less than 55 years old.

As I mention later in Chapter 13, in the US, 50% of Solitaire and FreeCell players are senior citizens and 44% of US seniors have played solo games online.3031 Yet a 2012 Flurry Analytics report found that only a mere 3% of US users aged 55 or older, play games on their phones.32 However, in terms of total tablet and smartphone ownership, according to Flurry, in the US this same elderly demographic group (55+) represents 17% of the total tablet and smartphone ownership.

While open market research is relatively scarce on the Chinese side, CNNIC (which is part of the Ministry of Information Industry) estimates that the internet penetration rate for those over 50 is the lowest, at 7% in 2010.33 A 2010 IDC report found only 7.1% of those aged 55 or older play computer games in China.34 One estimate from iiMedia was that 10.1% of Android users in 2011 were aged 45 and older.35 iResearch estimates that 3.8% of iPhone users in 2011 were 45 and older.36 Similarly, a February 2012 report also from iResearch found that approximately 6% of Chinese mobile internet users were 45 and older.37 And Askci estimates that only 1.5% of 50+ year olds in China had a smartphone by the end of 2011.38 So in short, smartphone and computer penetration is relatively subdued within older demographic brackets.

Why is there such a disparity between the US and China?  Why does it matter?

I posed this question to a number of Chinese students and colleagues and they noted that the vast majority of the elderly in China were born and raised on farms and are unfamiliar with the latest technology (e.g., only 51.3% of the population is currently urbanized).39 Another issue could be illiteracy rates.  For example, an older New York Times report noted that many of the less developed more rural regions of China have much higher illiteracy rates.  In 2001, parts of Tibet had up to 42% illiteracy rates.40 Yet trends could be changing as We Are Social estimates that there are at least five million shoppers and increasing over the age of 50 in China.41

Apps that cater to the elderly

One argument against investing resources towards this demographic group is that you do not, with such relatively low market penetration why invest the resources for a risky return on capital?  However one unseen opportunity is the ‘long tail’ – that the simplified game you make could find an audience with other demographic groups such as primary school students at the other end of the population pyramid.

For example, Brain Age is a best-selling Japanese puzzle game for the Nintendo DS (a handheld gaming console) that is popular and successful in part due to its simplicity and ease of use for a wide-range of ages.  Perhaps Western developers could look to the simplified user experience design (UXD) in Brain Age as they port their games over to Chinese markets.

In my own anecdotal experience I think an overlooked, yet important phenomenon regarding elderly Chinese is that they are incredibly social and often even physically active.  On any given night you will see large groups of seniors dancing in plazas, practicing qigong and playing mahjong along the roads.  As my students noted above and the CNNIC data illustrated, if a developer could make accessing apps and the internet itself relatively easier elderly customers may find smartphones less imposing and confusing (e.g., tap on a big simple picture of the person you want to talk to).42

And in addition to using easy-to-see objects, be sure to modify the games to include Chinese traditions, symbols and cultural tie-ins – or in other words ‘Western video games with Chinese characteristics.’  For example: the color red, number 8, and the Chinese knot (Zhōngguó jié) are all considered lucky.  In the early 2000s a knock-off of Red Bull completely redesigned their can to fit the Chinese penchant for red and gold.43 Perhaps creatively integrating these symbols into your game would prove crowd-pleasing.

Also, even though gambling is currently banned on the mainland, this has not prevented small-scale gambling activities from taking place (e.g., in 2007 Macau overtook Las Vegas in gambling revenue).444546 From my observations, a large part of gambling is done in person on pieces of cardboard in the streets or in little game houses (e.g., tea houses and mahjong parlors).  This is not an endorsement of these illicit activities.  Rather this consumer behavior presents an opportunity for app developers to focus on both simplicity and the social aspect of any app that is created.  And since gambling is popular across many demographic groups, perhaps designing a “social” fortune-style game or a non-monetary betting app would find success across the mainland.

Thus while there is viable market potential for game and entertainment developers to create applications for both sides of the Pacific, careful due diligence of age and technology distribution and proliferation is recommended.

Service with a smile

Another possible area for business opportunities is senior care services.  In a December 2012 email exchange with Qian Jianchu, a professor at Shanghai Institute of Foreign Trade,47 he mentioned to me that “elderly nursing will be the most prosperous industry in China in the next 10-50 years.  The market is currently at a relatively low penetration level at present due to the lack of management experiences and promotion.  Therefore foreign firms with experience may find many opportunities in this segment.”  Why is this the case?  Because as noted above, assuming the retirement age is not increased, by 2050 it is estimated that 31% of China’s population will be of retirement age; and within 40 years China “will have nearly 500 million elderly people.”48 Yet despite this increasingly larger demographic bracket, “only 8% of elderly Chinese consumers feel that marketers adequately target them with advertising and products.”49

There are exceptions such as the US-based hedge fund Fortress Investment Group who is investing in and working with China Senior Care to provide “elderly care and retirement facilities.”50

And while assisted living and senior living centers have become increasingly popular in Western countries, aside from several token centers in China, they are virtually non-existent.  That is to say, only 1.6% of people over 60 on the mainland (compared with 8% in developed countries) are accommodated in some way by care facilities.51 Or rather, all but a few of the affluent do not currently receive services from an assisted living center.  Yet according to a report from China’s National Committee on Ageing, about 12 million Chinese over the age of 60 would consider retirement villages an option.52  This potential is one of the reasons why J.J. Liu recommended the market segment for potential entry by experienced foreign firms.   In fact, Fortress is investing $1 billion over the next several years to build and operate centers in larger cities like Shanghai and Beijing.  And the sky may be the limit, as the most expensive 7-star nursing home in Hainan province targeted and tailored at seniors recently opened in Haikou, charging between $1,283 to $2,444 per month.53

In contrast, a 2008 study noted that approximately 1.4 million Americans currently live in several thousand assisted living centers and nursing homes.54 Thus the potential opportunities in China to not only train the staff but also to sell and equip the centers with vital materials provide Western firms and entrepreneurs with new revenue streams in the immediate future.

Some critics may argue that firms like Fortress Capital are getting ahead of themselves, that there may be very little genuine demand – regardless of costs – for assisted living.  For example, Shanghai International Medical Zone (SIMZ) had a tough time starting up several years ago.  It was initially planned to be a luxury retirement village targeting wealthier retirees.  However as part of its marketing push its owners “boasted an investment partnership with Augustinum Group, a leading provider of retirement homes in Germany.”55 Yet work on SIMZ actually stalled for a few years and Augustinum said it never made investments on the mainland.  SIMZ has since been completed and subsequently foreign firms such as Eli Lily (a large US-based pharmaceutical company) and Parkway (a Singapore-based health care provider) have begun operating in the zone.56 Thus even though there is potential due to an expanding market driven by a rise in living standards, investors should still be cautious.  Another argument notes that one of the three Confucian ideals that children are taught is filial piety (xiào): take care of their parents when they grow older.57 Yet because of cultural dynamics, home healthcare may eventually become an accepted alternative as Liu noted above.  Just as generational changes in the West led to outsourcing care of our aged parents, so too may the post-1980s generations (bā​líng​hòu) do in China.

I also spoke with Adam Clemans who echoed similar rationales and prospects.  Clemans is an American pharmacist who works at an international hospital in Shanghai.  According to him, “while somewhat tangential with the filial piety idea, many Chinese children do not necessarily want to (or cannot afford to) spend enormous amounts of money on their parents, but rather they want to get them things that seem like they might be expensive.  The simple fact that something is imported or made by a foreign company makes it seem valuable and special.  For example, relatively mundane “low-tech” items like slip-proof rugs or handle bars for getting on and off the toilet could be attainable hits.  In addition, I think there might be a third market (upper-middle class) for elderly care as well.  Not necessarily super-luxury, but with more Western characteristics (like clean floors & privacy).  Right now it seems like there seems to only be two options, cheap or extremely expensive.”

With a middle class currently numbering 300 million – and estimated to grow to 600 million by 2020 – these alternative care options could become increasingly possible for consumer and suppliers alike.58 Yet again it should be pointed out that middle class is defined as those with at least $3,000 a year in disposable income (e.g., earn between $10,000 and 60,000 pre-tax).5960 So while they have more funds for supporting their elderly relatives, they may not have enough to buy a product like a walk-in bathtub quite yet.  In addition, your company may be able to cater to clients from the Greater China region such as elderly Hong Kong pensioners.  According to the Guangdong provincial government, 69,000 elderly Hong Kong pensioners now live in retirement homes throughout the Pearl River Delta – the bulk of which (more than 10,000) reside in Guangzhou.61 One of the main reasons is that the quality of care is purportedly the same as it is in Hong Kong yet the labor costs are significantly lower thus enabling retirees to live more flexible in terms of finances.

Takeaway: The rapid demographic changes within China present health care providers, robotic manufacturers and game developers with opportunities.  What products and services can you and your company invent and export to China?  These solutions can range from the seemingly obvious, personal movers like the Rascal to something less evident such as old-age proofing doors and cabinets or even simple smartphone games.


Endnotes:

  1. Life expectancy in China Rising Slowly, Despite Economic Surge from The New York Times []
  2. Life expectancy increases by 44 years from 1949 in China’s economic powerhouse Guangdong from People’s Daily []
  3. Residents of Shanghai has the highest life expectancy at birth on the mainland, at 82.41 years.  See City keeps top life expectancy on mainland from Shanghai Daily []
  4. Guangdong has led GDP provincial output on the mainland since 1989.  In 2012 its GDP output was 5.7 trillion RMB ($920 billion) which is half the size of India’s.  See Guangdong GDP up 10.2 percent in 2012 from NewsGD, Jiangsu unchained: Top in per capita GDP, Guangdong in its sights from Want China Times and Guangdong leaders fear they will lose economic pole position to Jiangsu from South China Morning Post []
  5. Empower elderly to be active participants from People’s Daily []
  6. See Age will weary the Chinese miracle from BusinessSpecator and Elderly population to surpass 200 mln in 2013 from Xinhua []
  7. China’s Achilles heal from The Economist []
  8. Age of disillusion haunts senior citizens from China Daily []
  9. Japan’s elderly playgrounds show fun is for everyone from Reuters []
  10. Alzheimer’s Disease: Dutch Village Doubles as Nursing Home from ABC News []
  11. Switzerland’s ‘Dementiaville’ designed to mirror the past from The Independent []
  12. See China in Alzheimer’s double bind from BBC and China, in a Shift, Takes On Its Alzheimer’s Problem from The New York Times []
  13. China, in a Shift, Takes On Its Alzheimer’s Problem from The New York Times []
  14. This upfront cost is on top of the $26 billion in annual healthcare and lost productivity.  See China Diabetes Triples Creating $3.2 Billion Drug Market from Bloomberg and China’s diabetes epidemic exacerbated by one-child policy from News Track India []
  15. E-Textile Pants Identify Fall-Prone Elderly from PhysOrg []
  16. Computer science helping the aged stay home from The University of Adelaide []
  17. Fujitsu prototype GPS cane hands-on: the future of monitoring and protecting the elderly from Engadget []
  18. For an in-depth discussion on assistive robots, see Population Ageing and Socially Assistive Robots for Elderly Persons: The Importance of Sociodemographic Factors for User Acceptance from the International Journal of Population Research []
  19. Robot Suit Hal from Cyberdyne []
  20. Hector: Robotic Assistance for the Elderly from Forbes []
  21. Another robot that could potentially assist both the elderly as well as manufacturers is Baxter.  See Small Factories Give Baxter the Robot a Cautious Once-Over from MIT Technology Review []
  22. With their increased popularity in North America, selling walk-in bathtubs may also be another market opportunity although transportation inland may be difficult. []
  23. Low rate of ownership to lift PC buying from Shanghai Daily []
  24. China saw 138,000 Internet cafes as of 2009 from Xinhua []
  25. China Mobile alone sold 60 million TD-SCDMA (a domestically developed radio technology) devices in 2012.  See Check Out 3 Years of Stunning 3G Growth in China from Tech in Asia, China’s Smartphone Sales Grow 189 million Units in 2012 from MIC Gadget and China Mobile Sold 60 Million TD-SCDMA Devices Last Year from China Tech News []
  26. See China Had Over 1.1 Billion Mobile Phone Users By November 2012 from China Tech News and China Has Over a Billion Mobile Phone Users, 192 Million 3G users from Tech In Asia []
  27. China smartphone market to overtake U.S. in 2012 from Reuters []
  28. China Knocks Off U.S. to Become World’s Top Smart Device Market from Flurry []
  29. Flurry: China Is Fastest Growing Market For iOS & Android devices, Chile comes in 2nd from TechCrunch []
  30. Vintage PC Video Games Still Thrive in World of App from Nielsen []
  31. The Data Digest: Digital Seniors from Forrester []
  32. Flurry Game Accerlation Program from Digital Analytics Association Symposium in June 2012 []
  33. China Internet Insights — Incitez, p.11 from China Internet Watch []
  34. See Table 3, p. 9 China Gaming Market End-User Survey, 2010 from IDC []
  35. See 2011年中国Android智能手机用户年龄分布 from iiMedia and 2011 年中国Android 智能手机用户年龄分布 from China Mobile []
  36. 中国iPhone用户用户年龄段偏成熟 from ChinaPP []
  37. China Mobile Internet User Age Distribution from China Internet Watch []
  38. 2010-2011年12月中國智能手機與非智能手機網民的年齡分布比較 from Askci []
  39. See China urbanization rate exceeds 50 percent from Xinhua, China’s Urban Population Exceeds Countryside for First Time from Bloomberg and Crossing the 50 Percent Population Rubicon: Can China Urbanize to Prosperity? by Kam Wing Chan []
  40. China’s Long — but Uneven — March to Literacy from The New York Times []
  41. Social, Digital, Mobile China (Jan 2013) from We Are Social []
  42. Part of the problem in terms of relatively low penetration rates has to do with the User Experience (UX) that is still being refined.  Phones like SafeTalk (“as seen on TV”) are designed specifically for seniors and others who may have vision difficulties. []
  43. Red Bull still waiting for approval to enter China from Just Drinks []
  44. Despite initial reports that suggested a new pilot program was starting at a casino in Sanya, Hainan province (called Jesters), gambling on the mainland is currently banned.  Macau is the only nearby domicile where this is allowed.  Mainland residents must still apply for an entry visa in order to travel to Macau and are typically only allowed to visit it a few times a year.  There are exceptions, for example, if you live nearby in certain cities of Guangdong or if you have relatives living in the SAR.  See Sanya Says It Never Licensed Any Form of Gambling Activities from Caijing, Chinese authorities close cashless casino bar in island resort from Reuters, Macau Casinos Decline on Visa, Credit Limit Concerns from Bloomberg, Macau’s Casino Revenue Reaches Record After Holiday Week from Bloomberg and China Tightens Reins on Macau from Bloomberg []
  45. Revenue hit $38 billion in 2012 and is expected to reach $44 billion in 2013.  See Rolexes Pawned in Macau Signal Further Gains for Casinos from Bloomberg, Macau gaming revenues hit $33.5 billion in 2011, no slowing seen from Las Vegas Review-Journal, Broken Tooth and New Macau from Foreign Policy and Door is about to slam shut on high-rolling holidays to Macau from The Times []
  46. Despite visa issues, MGM and other resorts continue to invest in building casinos on Macau.  See MGM to build new 15.5bn yuan casino in Macau from Shanghaiist []
  47. Qian Jianchu is also the editor-in-chief at China Commerce and Trade Press []
  48. See Empower elderly to be active participants from People’s Daily and Rise in China’s Aging Poses Challenge to Beijing from The New York Times []
  49. Targeting Grandpa: China’s Seniors Hunger for Ads from The Wall Street Journal []
  50. Big money bets on China growing old, and rich from Reuters []
  51. China faces ‘timebomb’ of ageing population from The Guardian []
  52. Growing old in China: The business of going grey from BBC []
  53. 7-star nursing home opens in Haikou from China Daily []
  54. See Nursing Facilities, Staffing, Residents, and Facility Deficiencies, 2001 Through 2007 from PAS Center and Nursing Homes from the AARP Public Policy Institute []
  55. Growing old in China: The business of going grey from BBC []
  56. See About Shanghai International Medical Center, Shanghai from Parkway Pantai and Covance China and Eli Lilly Pharmaceutical Signed an Agreement on Strategic Cooperation from SIMZ []
  57. For a detailed, illustrative case study on filial piety in modern China see: In China, Betting It All on a Child in College from The New York Times []
  58. 600 million middle-class Chinese by 2020: think tank from Xinhua []
  59. China’s middle-class boom from CNNMoney []
  60. While it may be momentary exception to the trend, the stereotype of “Chinese generational savers” may be coming to an end.  According to a recent CNN report younger Chinese consumers born in the 1970s and 1980s have a savings rate near zero.  Shaun Rein author of “The End of Cheap China” similarly observes that today’s “20-something generation” are veritable spendthrifts with “an effective savings rate of zero.”  See China youth have savings rate near zero from CNN and Getting Chinese to stop saving and start spending is a hard sell from The Washington Post []
  61. In terms of specific numbers, in Guangzhou, “[t]he Shouxing Building is the city’s largest private rest home and home to about 50 pensioners from Hong Kong.”  See Hong Kong elderly go north for retirement from China Daily []

Chapter 7 – Exporting manufactured goods

[Note: below is Chapter 7 from Great Wall of Numbers]

When I was teaching at a college in Bengbu, Anhui there was a small supermarket across from the main campus entrance called Joy Mart (合家福).  While a new Carrefour had just been built downtown, most students and faculty still regularly shopped at the nearby Joy Mart due to its physical proximity.  While I had originally brought a number of extra spare shaving razors from the US and Korea (where I had worked previously) I eventually ran out and needed to shop for more.  During my first trip along the shop aisles, I noticed one razor package that stood out among the rest: “Blades: Made in the USA.”  I got a good chuckle out of it because of all things you picture as a US export, razor blades is probably not one of them.

Which brings up a good question: being the world’s 2nd largest exporter, what exactly does the US export?  Who does it?

In case you skipped ahead I mentioned in Chapter 1 that, in its August 2012 SME Viewpoint, the US Department of Commerce noted that small and medium-sized enterprises:1

  • Only 1% of US 28 million SMEs export to any country
  • And only 10% of those that export, export to China

If you are reading this, odds are you do not work for a company that exports products and services to China.  There may be any number of reasons why.  The same publication notes that legal uncertainties and property rights protection rank among the top reasons preventing US firms from doing business in China.

But what if you are willing to take the risk and attempt to generate revenue through customers in the 2nd largest economy?  How would you do it?

ExportNow is a turnkey solution provider founded by Frank Lavine, former U.S. Ambassador and Undersecretary of Commerce for International trade.2 It is a streamlined central sales platform that allows US firms – small and large – to export their products directly from the US all the way through customs into the hands of Chinese customers.  There is no need for warehouses or store fronts as ExportNow promotes and markets the products through China’s largest online retailer, Taobao (Tmall).345

Who goes shopping online in China and how much do they spend?  Nearly 60% of Taobao’s userbase is between 25-35 years of age.6 For comparison, according to Quantcast, nearly half of Walmart.com shoppers are under the age of 34 and more than a quarter of Amazon.com’s customer base is 45 years or older.7 To give you an idea of how large online shopping is in China and how fast it has grown consider that Boston Consulting Group (BCG) published last year noted, “nearly 173 million people in China shop [online], and the e-commerce space is expected to exceed $118 billion gross merchandise value for last year [2011].”8 In 2012 that increased further to $196 billion and 242 million shoppers.9 The BCG report also estimates that China’s e-commerce market will become the world’s largest in 2015, with 329 million online shoppers (each spending roughly $1,000 annually online).10 In fact, Analysis International projects that China’s e-commerce market will hit 2.57 trillion RMB ($410 billion) by 2015 and $457.6 billion in 2016.11 And Ali Research Center estimates that if B2B transactions are not included, by 2020 sales of consumer goods via e-commerce on the mainland will reach 10 trillion RMB ($1.61 trillion).12

And if you would prefer to look around for other e-tailers, in addition to Taobao, US firms looking to tap into the Chinese e-marketplace should also consider Yihaodian (an online grocery store), 51buy.com (a subsidiary of Tencent) and 360buy (which specializes in electronics) all three of which have had double digit growth rates over the past several years.13 And these are hardly fly-by-night operations.  For example, in February 2012, Walmart increased its ownership stake to 51% in Yihaodian and by December 2012 had over 20 million registered users and 400 supplier partners.14 And in October 2012, 360buy introduced its native English channel to allow easier access for international buyers and sellers.  Furthermore, In February 2013 Saudi Arabia’s Kingdom Holding’s investment group announced it had paid about $400 million for a strategic stake in 360buy.15

So the first step is less ambiguous as you now know who you can sell your wares to in China and how you can sell them.  Chapter 12 discusses the social media and social marketing aspects of promoting your products and services in China.  But what about services and supply chain improvements?

Industrial robots

While most Westerners are under the impression that you cannot compete with China’s millions of relatively low-skilled workers, there are still opportunities in the future.

For example, as its economy has developed, wages in China have increased dramatically as well (in economics this is called the Lewis turning point16 ).  According to Ernst & Young, “[t]he average labor cost in China has nearly doubled in the past five years, going to more than 40,000 yuan ($6,400, 4,900 euros) a year in 2011 from less than 25,000 yuan a year in the beginning of 2007.”17 In fact, these higher costs are forcing many Chinese firms to relocate and automation is becoming increasingly popular (see below).  According to one Chinese official, nearly one third of manufacturers in provinces like Zhejiang and Guangdong (who produce textiles, shoes and garments) have relocated overseas to neighboring countries in Southeast Asia such as Vietnam and Malaysia in a move that has been called “the great transfer.”181920 This is not to say that manufacturing on the mainland is faltering, in fact for the third year in a row, FDI reached over $100 billion in 2012 on the mainland spurred in part by firms trying to “move up the value-added chain.”21

As a consequence, firms such as Hon Hoi Precision (Foxconn), which make the iPhone and other electronic devices, plan to move inland to provinces where wages are lower and install 1 million robots in their new factories and plants by 2015.  For example, in 2011 Foxconn only used 10,000 robots throughout their factories yet planned to have in place 300,000 by the end of 2012.22 In fact, following the 2013 Spring Festival (春节), Foxconn announced a hiring freeze on the mainland where it currently employs more than 1 million workers.23 The company will use this time to install robots throughout their factories in Shenzhen and Zhengzhou, replacing manual labor.

In 2011, China as a whole was home to 74,300 robots, up 42% from 2010 due in large part to a collective acquisition of 22,600 robotic units.24 The number of industrial robots sold on the mainland quadrupled between the five years spanning 2006-2011.25 All told there are approximately 21 robots for every 10,000 workers on the mainland.  For comparison, Japan is home to the largest number of industrial robots (more than 250,000) giving it the highest density of robots to manufacturing workers (339 per 10,000).2627 Thus Chinese firms with robots, of which there are next to zero per capita, have a long way to go before such densities are reached.  One of the reasons why the robot per capita rate is relatively low is that at 140,000 RMB to 160,000 RMB ($20,000 to $25,000) a piece, these robots (or “Foxbots” below) cost more than four times the annual salary of an assembly line worker.2829  On the domestic side, Sun Zhiqiang is the managing director of Risong Group based in Guangzhou, Guangdong.  For the past 15 years they have been developing robotic automation systems and their revenue has increased 20-fold since it was founded due in part to firms switching as a result of increased costs of human labor.  This means there may be potential long-term opportunities for foreign robotic design firms, especially at lower price points.

While Foxconn plans to use domestically made “Foxbots” for some of the work, this trend towards automation provides possibilities for Western robotic manufacturers, designers and programmers to export their goods and services.  All told, 80% of robots currently being used in China are imported from abroad (in 2011 imports increased 62% to 38,000 robots).30 For example, to improve efficiency and reduce prescription errors, many US pharmacies like CVS have rolled out automated robots in pharmacies.31 Similarly, companies like Philips and Tesla Motors have installed robots that help load and unload shipments from trucks, saving time and reducing physical stress.32 Thus firms providing robotic solutions in these segments like pharmacies and shipping may find new customers on the mainland.

Do you or does your company currently design, manufacture or maintain robotic systems?  Perhaps you can find new clients in Zhejiang and Guangdong.  Cities like Yiwu and Dongguan are some of the largest and most developed manufacturing hubs in China and as a consequence are areas where workers wages have also risen.  In fact, because wages have doubled since 2007, the return on investment of installing a new robot may outweigh the costs of hiring relatively more expensive human labor.

A distributed decentralized manufacturing process

But what if you have a small business that already manufactures goods on a small scale?  How can you compete with large OEMs?

There is a disruptive technology on the horizon and currently moving out of hackerspaces, garages and hobbyist circles called 3D manufacturing.33 As futuristic and seemingly science-fiction as it sounds (and barring legal hurdles), 3D printers and rapid prototypers have finally begin to mature into economically viable tools.34

There are a number of ways a 3D printers can work, the most common of which now is ‘additive.’  Much like a printer nozzle lays ink, commonly used 3D printer nozzles add additional plastic layers on top of one another to build the widget.35 For example, using computer-aided design (CAD) software you can design a customized object like a plastic toy for your young nephew.  Using relatively inexpensive hobby kits or even professionally manufactured 3D printers, you send the CAD file to the 3D printer.  The 3D printer then builds this toy, layer upon layer – right in your home (giving it the nickname of “desktop manufacturing”).36 And as I mention below, several of these 3D printers are now sophisticated and versatile enough to build much more complex objects than your average, everyday coffee mug.

A new report from SmartPlanet suggests that 3D printing can “make global supply chains” increasingly unnecessary.37 The report notes that while the technology is still in its germination, maturing phase, the potential to decentralize manufacturing can save on transportation costs by completely removing the costs and time of shipping from China to the US.

For example, US-based manufactures, both small and large can now purchase relatively precise 3D printers from a number of vendors.  This includes the highly acclaimed MakerBot, Fab@home and Reprap among many others.3839 The award winning MakerBot allows users to turn CAD files into physical constructions, starting at $2199 (the top-end model is $2,799).  Thus if you currently own or work for a US-based manufacturer, regardless of size, you have the potential to build and export anything from miniature toy action figures and playable guitars, to goods of all shapes and textures such as automotive parts, football cleat, artificial ears, cell phone faceplates, stainless steel dice, James Bond cars, UAVs, fuselages, microscale figurines, prosthetics, face jugs, robotic dinosaurs, civil engineering dams, houses, life-sized robots, conductive thermoplastic composites (carbomorphs), marine life models, stem cells, lunar structures and even photo booths.4041

This also presents a good opportunity for independent entrepreneurs looking to start-up a part-time project.  For example, entrepreneurs do not even need to purchase 3D printers as they can contract the physical manufacturing process to a nearby fabrication owner, allowing the entrepreneur to simply design the product and export it to China or elsewhere.  One such US-based company that already provides this content-to-print service is 3D Systems.42

Other firms such as US-based Stratays will lease 3D printers and prototyping machines to users at a monthly rate.43 One business opportunity could be renting one of these Stratasys machines and subcontracting and in-sourcing work orders from both international and domestic clients.  For example, Staples, the office retailer, will begin to integrate and install 3D printers into its printing facilities beginning in Q1 2013 making subcontracting and decentralizing relatively easier.44

In terms of legal considerations, in February 2013 I spoke with Stephan Kinsella, an author and intellectual property lawyer specializing in patents.45 According to Kinsella, “3D printers are a disruptive innovation that will probably face substantial legal hurdles depending on the jurisdiction.  49,000 3D printing systems were sold worldwide in 2011 and even in the face of copyright and patent lawsuits I suspect that tens of thousands more will be sold.46 Furthermore just as bit-torrenting and encryption have enabled file-sharing as means to avoid copyright law, ultimately the prospect of 3D printing may do something similar for patents.  And just as the RIAA sued Napster, patent holders will unsurprisingly fight to prevent this innovative process from occurring as Wired and the EFF have pointed out.”  Wired recently showcased 10 patents that could stifle the homegrown 3D printing market and the EFF is a non-profit organization that has chronicled how patents stunt innovative advances.47 For instance, last November 3D Systems (noted above) sued Formlabs for patent infringement.48 Formlabs is a startup that plans to sell a new 3D printer based on a processing technique called stereolithography that 3D Systems claims to have patented.

Despite these legal issues Kinsella still sees business opportunities, noting that “once we have sophisticated 3D printers that can make copies of themselves like the RepRap project aims to do and are capable of printing out objects retrieved on the Internet from sites like Thingiverse via encrypted files, then patent holders will find it much harder to stop 3D printing which will lead to further proliferation and economies of scale as CAD files are distributed and decentralized globally.  The traditional manufacturing business model will eventually have to change either way and since two-thirds of all 3D printers are currently made in the US, there are still several ways profit from this disruptive innovation without the need to open a factory in China.  For example, any first-mover fashion trend such as designing a creative accessory (e.g., Lady Gaga-inspired purses) and being first to print, ship and sell it to a distribution channel or even to end-customers themselves.  Information, which is what CAD files are, will ultimately become “free” – so to futureproof your business model, entrepreneurs should factor in this change sooner rather than later.”  RepRap is an open-source 3D printer project with a goal of being able to build an identical copy of itself using everyday material (in situ).49 Thingiverse is a site facilitating the sharing and distribution of user-created digital files (CAD).50

Just how large can such the 3D manufacturing process be scaled?  On October 19, 2012, New York City mayor, Michael Bloomberg, cut the ribbon to a new Queens-based 3D manufacturing facility that will soon be home to 50 large industrial-scale 3D printers capable of producing millions of customized consumer goods.51 All told, Wohler’s Associates estimates that the 3D printing industry will be a $3.1 billion market by 2016.5253 And the Consumer Electronic Association estimates that printer sales would rise to $5 billion by 2017 (up from $1.7 billion in 2011).54 These goods can in turn be sold domestically, or as illustrated above, sold to Chinese customers through ExportNow or a variety of other e-commerce providers.

Would Chinese consumers be interested in buying your 3D printed objects?  Perhaps they might, depending on what it is.  For example, in 2011 mainland toy sales increased by 18%, generating $8.58 billion in revenue.  As a consequence Toys ‘R’ Us is not only expanding by building smaller brick-and-mortar stores but also stocking them with more education-focused products like toy microscopes because “[a]bout 35% of sales in existing stores in China are tied to education, compared with 21% in the U.S.”55 In fact, Lego, the plastic build block company, announced in March 2013 that it was building a new factory in China, its first mainland factory to cater exclusively to the Asian market; a market that has seen annual sales growth of Lego’s increase 50% for each of the past several years.56

But remember, even though the Asia-Pacific region is expected to become the world’s largest toy market in 2016 and just because you make a product that is popular in the West, does not mean it will also be popular in China.  For example, in 2009 Mattel opened a $30 million six-story flagship store in Shanghai that included not only the world’s largest collection of Barbie dolls but also other branded goods and services such as customized furniture and even a fashion runway.  Yet the store shut down two years later in large part because Chinese consumers prefer the “cuteness” of Hello Kitty over the “sexy” blonde icon.57 Thus, performing market research on consumer behavior is just as important in the East as it is in the West.58

Takeaway: In the US, only 1% of SMEs export and only 10% of these firms export to China.  This amounts to roughly 30,000 SMEs.  And odds are your company is not one of them.  Yet solutions like ExportNow make it easy for any American company to export and sell their products directly to Chinese consumers online via Taobao.  And because of labor arbitrage, developmental economics (specifically the “Lewis turning point”) and specialization, it is becoming increasing expensive to own, operate and scale manufacturing plants in hubs like the Pearl River Delta and Yangtze River Delta regions.  As a result, US firms specializing in automation (specifically robotics designers and producers) now have potentially new sources from which to generate sales.  In addition, US firms specializing in 3D printing also have the ability to disrupt and modify existing supply chains, enabling CAD designers in the US to compete directly with Chinese-made products (specifically just about anything made with plastic today).

 


Endnotes:
  1. See Opportunities for U.S. Small and Medium Business in the China Market from the American Chamber of Commerce in Shanghai. []
  2. It is called ExportNow.  I would like to thank both Eric Meng and Matt Garner for bringing this service to my attention. []
  3. While some Western sources consider Chinese auction e-tailers to be less than trustworthy, Alibaba (Taobao’s parent company) has implemented a number of policies to improve the quality, reliability and service of Taobao.  As a consequence it was recently removed from the USTR “notorious markets” list.  See Alibaba Group’s Taobao Removed From “Notorious Markets” List By U.S. from TechCrunch []
  4. Another reason to export is that the long-term potential for emerging market annual consumption is expected to reach $30 trillion by 2025.  See Winning the $30 trillion decathlon: Going for gold in emerging markets from McKinsey Quarterly []
  5. In Q3 2012, online ad revenue in China surpassed newspaper ad revenue: 14.53 billion RMB ($2.33 billion) versus 14.39 billion RMB.  See China Online Ads Market: Review and Prospect from China Internet Watch []
  6. Nearly 60% Taobao Shoppers Between 25-35 Year-old from China Internet Watch []
  7. See Demographic Differences Are Key in Amazon-Walmart Online Battle from CBSNews. For recent data from Quantcast see Amazon and Walmart []
  8. Wal-Mart Set to Cash In on Chinese Online Boom from The Motley Fool []
  9. See Bezos’ Kindle-Less Amazon Mashed in China by Ma’s Alibaba from Bloomberg and China Had 564 Million Netizens By End Of 2012; Fewer Using Desktop Computers To Surf from China Tech News []
  10. Saudi Arabia’s Kingdom Holding Invests in 360Buy Jingdong from The Wall Street Journal []
  11. See China Now Has 242 Million E-Commerce Shoppers, Spending $40,000 per Second from Tech In Asia, E-commerce in China – Statistics and Trends from Go-Globe []
  12. China E-Commerce Market to Reach 30 Trillion Yuan in 2020 from China Internet Watch []
  13. Over the past three years, sales at 51buy.com “increased by nearly 20 times.”  See Tencent Adjusts E-commerce Subsidiary Structure In China from China Tech News []
  14. Walmart’s Chinese E-commerce Initiative Takes Further Shape from China Tech News []
  15. Saudi Arabia’s Kingdom Holding Invests in 360Buy Jingdong from The Wall Street Journal []
  16. Named after economist William Lewis, this eponymous law describes the transition from relative subsistence to a modern industrialized economy with higher wages (e.g., capital accumulation leads to prosperity which leads to specialization away from subsistence agriculture).  See How to blow away China’s gathering storm from Financial Times, What Does the Lewis Turning Point Mean for China? A Computable General Equilibrium Analysis by Huang Yiping and Jiang Tingsong and The Lewis Turning Point in China and its Impacts on the World Economy by Andong Zhu and Wanhuan Cai []
  17. The rise of the robots from China Daily []
  18. See Economy Higher costs forcing firms to relocate from China Daily, Chinese Graduates Say No Thanks to Factory Jobs from The New York Times and What Worker Shortage? The Real Story of China’s Migrants from The Wall Street Journal []
  19. On the other hand, remaining factories may be moving up the value chain.  See Analysis: Investors make $100 billion bet on China’s drive up value chain from Reuters and China Still The Place For Manufacturing from ChinaLawBlog []
  20. Mexico is increasingly competitive in manufacturing as the maquiladora’s in border cities continue to grow in experience and talent.  See Mexico: The New China from The New York Times []
  21. For example, Samsung is investing $7 billion to build a chip plant in Xi’an and another $1.7 billion to expand production capacity at an existing plant in Kunshan, Jiangsu.  See Analysis: Investors make $100 billion bet on China’s drive up value chain from Reuters and Samsung Ups Chinese Manufacturing Investment from China Tech News []
  22. Will your next iPhone be built by robots? from IT World []
  23. 富士康暂停招工机器人将上岗from Sina []
  24. Another estimate puts the increase at 51%.  See Chinese robot wars set to erupt from China Daily []
  25. Ibid []
  26. See What’s Behind Japan’s Love Affair with Robots? from TIME and The Rise of the Machines from IEEE []
  27. Another robot that could potentially assist both the elderly as well as manufacturers is Baxter.  See Small Factories Give Baxter the Robot a Cautious Once-Over from MIT Technology Review []
  28. The average salary for assembly line workers in Guangdong is typically around 30,000 RMB a year.  See 富士康机器人上岗:每台成本14万 智商七八岁 from TechWeb []
  29. Another estimate from Wang Tianmiao, head of the State High-Tech Development Plan is that “a typical industrial robot costs around 300,000 yuan and has annual maintenance costs of 20,000 yuan. The total layout of 500,000 yuan over 10 years is considerably less than that for a 6,000-yuan-a-month technician, and robots can work three times more efficiently.”  See Chinese robot wars set to erupt from China Daily []
  30. Ibid []
  31. Will Robots Steal Your Job? from Slate []
  32. Skilled Work, Without the Worker from The New York Times []
  33. Hackerspaces are small, community owned shops typically owned, run and managed by hobbyists (like independent researchers and engineers) to allow for tinkering and education.  China now has several hackerspaces including perhaps its best known, XinCheJian in Shanghai.    See Created in China by Silvia Lindtner and David Li []
  34. How Big Business is Stymying Makers’ High-Res, Colorful Innovations from Wired []
  35. You can even used recycled plastic to refill the spool used in a 3D printer with the new Filabot which successfully completed its Kickstarter goal.  See Turn Your Plastic Recyclables Into 3D Printing Spools With Filabot from Singularity Hub []
  36. See The Desktop Manufacturing Revolution from Fast Company, Desktop Manufacturing’s ‘Macintosh Moment’ from Wired, Disruptions: On the Fast Track to Routine 3-D Printing from The New York Times and Print me a Stradivarius from The Economist []
  37. See 3D printing may put global supply chains out of business: report from smartplanet, Mr. China Comes to America from The Atlantic, The Insourcing Boom from The Atlantic, 3D Printing and the Future of Shopping: Shapeways CEO Peter Weijmarshausen from Reason, Big Data and cloud computing empower smart machines to do human work, take human jobs from The Washington Post and What’s the Deal with Copyright and 3D Printing? from Michael Weinberg []
  38. The New MakerBot Replicator Might Just Change Your World from Wired []
  39. There are more than a dozen publicly released 3D printers available to consumers.  See The shape of things to come: A consumer’s guide to 3D printers from Engadget and Formlabs Co-Founder Describes Their Stereolithographic 3D Printer from Slashdot []
  40. See Completely Customizable 3-D Printed Figurines from Wired, The World’s First 3D Printed Guitar from BusinessWeek and voxeljet builds Aston Martin models for James Bond film Skyfall from 3ders []
  41. Student Engineers Design, Build, Fly ‘Printed’ Airplane from UVAToday, Everything you need to know about the Lumia 820 and 3D printing from Nokia, Microscale 3D printing of a spaceship from Nanoscribe, Weighted Companion Cube Die – Stainless Steel from Etsy, 3D Printed “Exoskeleton” Lets a Little Girl Lift Her Arms and Play from Stratasys,  Robohand: How cheap 3D printers built a replacement hand for a five-year old boy from ArsTechnica, A Simple, Low-Cost Conductive Composite Material for 3D Printing of Electronic Sensors from PLOS One, Nike launches its first 3D-printed football cleat from Engadget, Bioengineers print ears that look and act like the real thing from Chronicle Online, Recreating 19th-century face jugs with 3D scanning and printing technology from BoingBoing, Robotic Dinosaurs On the Way for Next-Gen Paleontology at Drexel from Drexel NOW, Honey, I Shrunk the Dam! from US Army Corps of Engineers, Dutch architect to build “endless” house with 3D printer from 3ders, Print your own life-size robot for under $1,000 from CNN, 3D printing: The world’s first printed plane from NewScientist, Airbus Explores Building Planes With Giant 3D Printers from Forbes, Colony: beautiful 3D prints, reminiscent of marine life-forms from BoingBoing, Edinburgh scientists use 3D printing to produce stem cells from BBC, Foster + Partners works with European Space Agency to 3D print structures on the moon from Foster + Partners and 3D Printing “Photo Booths” Popping Up Across the World from Singularity Hub []
  42. 3D Systems []
  43. Stratasys []
  44. Staples to Use Mcor IRIS in Copy Centers from Fabbaloo []
  45. KinsellaLaw []
  46. New Industry Report on Additive Manufacturing and 3D Printing Unveiled from Wohler Associates []
  47. How Big Business is Stymying Makers’ High-Res, Colorful Innovations from Wired and EFF []
  48. 3D Systems Sues Formlabs and Kickstarter for Patent Infringement from Wired []
  49. RepRap []
  50. A free open-source repository of CAD files for 3D printing is actively maintained at Thingiverse and Autodesk recently released an iOS app called 123D Creature that allows users to design and print 3D creatures. []
  51. See Giant 3-D Printing Factory Opens In New York City from Popular Science and Inside The World’s Biggest Consumer 3D Printing Factory from Forbes []
  52. Next Year’s 3-D Printers Promise Big Things — Really Big Things from Wired []
  53. Stratasys recently merged with Objet to become the largest 3D printer company (ahead of 3D Systems).  See After Merger, 3D Printing Industry Has A New Leader from SingularityHub []
  54. Domestic research and development of 3D printing is a nascent industry on the mainland.  According to Wohler’s Associates, two-thirds of 3D printers sold in 2011 were made in the US compared with just 3.6% from China.  See China’s 3D Printing: Not a Revolution – Yet from Caixin []
  55. Toys ‘R’ Us Grows in China, With ‘Tiger Moms’ in Mind from The Wall Street Journal []
  56. Lego Ramps Up Production for Asia from The Wall Street Journal []
  57. See Why Barbie Stumbled in China and How She Could Re-invent Herself from Forbes and What do Chinese consumers want? Not Barbie from CNN []
  58. In addition to studying the 250 million members of the emerging middle class and their shopping habits, another area of potential research involves that of the consumer behavior of only-children which may impact the sales of the goods and services from your company.  See Ambition and angst: inside China’s middle class from The Times and Little Emperors: Behavioral Impacts of China’s One-Child Policy from L. Cameron et. al. []

Chapter 8 – Sports

[Note: below is Chapter 8 from Great Wall of Numbers]

In 2011 I was teaching at a college in Zhongshan, Guangdong – a mid-sized city in the Pearl River Delta manufacturing region of southern China.  During lunch I would regularly eat at the campus cafeteria.  The faculty dining area was in a separate room connected with the main student dining area.  Throughout the month of June, the students – typically men but also women – would pack their dining area to catch a glimpse of the NBA playoffs on TV’s hanging from the ceiling (and also because it was one of the few rooms with reliable air conditioning – unfortunately their dormitories only had fans).  For nearly an entire month the area was crowded almost shoulder-to-shoulder, even during final exams.  And on numerous occasions, my students, including one named Jason Xu from Dongguan, asked me repeatedly to bring back basketball ‘high tops’ whenever I traveled back to the US.  This task typically involved looking through Eastbay catalogs with them and listening to their dreams of one day wearing “authentic” NBA apparel.

Is this just an isolated group of NBA fans?  No, according to sport consultant Matt Beyer, “the NBA has close to 30 official corporate partnerships specific to China.”1 Thus while you may see Chinese apparel companies advertising in the background during an NBA game – if the student body at the college in Zhongshan is any indication – there is a similarly large potential for US brands to advertise in the Chinese Basketball Association (CBA) as well.

In fact, commissioner David Stern estimated that the NBA’s revenue generated from China will reach $150 million in 2012 (based on television and digital broadcast rights).  And according to Stern, “NBA viewership in China rose 18 percent last year [2011]” and will grow 10% a year for the foreseeable future.2 Furthermore, CCTV 5, a state-owned TV station that focuses on sports recently signed a new agreement with the NBA to increase its live-coverage, programming and analysis based on content “produced exclusively for China.”3 The NBA’s relationship with CCTV 5 dates back to 1987 when the All-Star game was broadcast on the mainland.4

What kind of sponsorships takes place in this cultural-sport trade?

For instance, while Yao Ming has a $10 million contract with Reebok, in 2006, Shaquille O’Neal signed a five-year sponsorship deal worth $1.25 million with Li-Ning (and later expanded to $6.2 million and again to $10 million).56 Li-Ning is one of the largest sports shoe and apparel companies in China, with $1.4 billion in revenue for 2011.7 Similarly, O’Neal’s teammate, Dwayne Wade recently cancelled his sponsorship with Nike and signed for a percentage of equity stake with Li-Ning.8 Yet for comparison, Nike did more business in China alone in 2011 ($2.1 billion) than Li-Ning’s total global revenue.910 And for perspective, according to Boston Consulting Group, the apparel market in China is expected to generate $204 billion by 2020 (triple from 2010).11

How popular is basketball on the mainland?  According to Ying Wushanley, a professor at Millersville University:

It is estimated that more than 300 million people play basketball throughout China; NBA games are watched by more than 30 million viewers per week; retail stores are saturated with NBA merchandise; NBA.com/China has become the most popular single sports website in China; and NBA is consistently the most searched sports term on China’s top search engine Baidu.com.12

The Chinese Basketball Association (CBA) is the top professional league in China.  It has been around since 1995 but has had its share of growing pains.  According to FORTUNE magazine, the league incurred a loss of nearly $17 million in the 2008-2009 season because a significant portion of the expenses go towards recruiting overseas talent.13 For example, in October 2012 Tracy McGrady, a seven-time All-Star for the Houston Rockets signed a $1 million annual contract with the Qingdao Eagles of the CBA.14 Two weeks later he was greeted at the airport by a huge fanbase, which itself attracted media coverage.15 Even non-CBA players are sometimes hot commodities.  For example, this past summer, Jeremy Lin (林书豪 of ‘Linsanity’) signed a two-year sponsorship agreement with KFC, both of whom have huge followings on the mainland (see Chapter 16).1617

And while the domestic league continues to grow and recruit global talent (of note, in the 2009-2010 season, 19 of the top 20 scorers were foreigners18 ), this is not the only sport being played on the mainland.1920

Kicking and skating

While Yao Ming is probably the best known Chinese athlete abroad, the domestic basketball industry – while large (according to both FORTUNE and Ying, more than 300 million play it) – is just one of several sport markets.  As I discuss below, in addition to soccer and tennis, both badminton and table tennis, while seemingly pedestrian in the West, are each have the potential to become multibillion dollar sports in China.

The Chinese Super League (CSL) is the highest level of professional soccer in China has been around since 2004.  While its ticket gate revenue is relatively low, at an estimated $33 million a year, its 17,651 in average attendance is the highest in Asia.21 Soccer, as I note below, is a popular sport played by large portions of the population through pick-up games and several organized leagues (especially in high school and college).

As part of a new 10-year deal with CCTV (the state broadcasting company), in 2012 IMG (one of the largest sports and media firms in the world) was brought in to help market, brand, develop and manage the CSL into a topflight global league.22 Similarly, in March 2013, it was announced that David Beckham will be paid several million euros to become the new CSL Ambassador in an effort to bolster the CSL image overseas.23 Yet despite having a poor national soccer team (plagued by scandals) that has failed to qualify for the World Cup all but once (2002), an estimated 700 million Chinese watched the 2006 World Cup and 24 million Chinese fans watched the 2010 match between Greece and South Korea.2425 The 2004 Asian Cup final between China and Japan drew 250 million viewers in China, making it the “most watched single sports event in the history of Chinese television.”26 Thus US brand awareness firms on Madison Avenue (such as IMG) have a potentially large audience with which they can position their clients’ products.

Sport agents could look at the CSL market as a new venue for their clients.  Guangzhou’s Evergrande team hired Marcello Lippi of Italy for $12.5 million, the third highest ever for a coach.  And Shanghai’s Senghua team signed Nicolas Anelka for $13.3 million, coincidentally the third highest for a player.  All told, “forty three percent of the [league’s] revenue goes to foreign players.”27 Similarly if you are a Western trainer or coach, you may find large monetary incentives to train and coach Chinese athletes.  China’s meteoric rise in the Olympic swimming events is in large part due to Australian coaches who were lured over in part by financial incentives.  For example, Ken Wood noted that China pays four times the amount he would get in Australia.282930

Other non-traditional sports have begun to make inroads as well.  Skateboarding, for instance, has begun to spread throughout the larger cities of China and as of 2009, there are between 40-50,000 active skateboarders.31 At 12,000 square meters, SMP Skatepark in Shanghai is purportedly the largest skate park in the world and home to around 2,000 members.3233

Playing without nets

My first apartment in China was next to the outdoor basketball courts at the college I was teaching at.  During the daytime there were relatively few students on the courts.  But after 5pm, all 20 hoops were roughly jam packed with mostly young Chinese men (and sometimes women).  Just next to the courts was a soccer field, also filled with several soccer teams comprised of a similar demographic distribution.

Yet despite the popularity of soccer and football, at dusk many students, faculty and families would take to the campus streets and play badminton just like a scene out of The Sandlot, sans James Earl Jones.  Hours after sunset, up and down these streets the groups continued to play – until the mosquitoes became too much to bear.  And they did it all without nets.

With similar enthusiasm, the numerous ping pong tables at the student union and faculty centers were continuously occupied by both young and old alike.  None of the equipment was new, or the best – it simply was good enough as Voltaire might say.  And nearly identical recreation patterns are found across the entire country.  As a consequence Chinese athletes have dominated the medal table at nearly ever badminton and table tennis event over the past decade at the summer Olympics and World Games.

For example, Lin Dan is a household name and the first person to ever win the Super Grand Slam in badminton (winning all 9 major badminton events).  His image now graces the cover of numerous marketing campaigns – from Red Bull to Gillette – netting him at least $1.9 million in sponsorships annually (and ranking him the 33rd “most marketable athlete”).34

Table tennis (ping pong) is the national sport of China and the Chinese Table Tennis Association manages the largest professional table tennis league, China Table Tennis Super League (CTTSL).3536 Zhang Jike, currently the reigning Olympic and World champion, is sponsored by Coca-Cola (his image actually appears on the cans).  Domestically Jike is sponsored by Yanjing Beer Group (netting a $70,000 bonus for his Olympic win) and State Grid.37

In tennis, Li Na became the first Chinese national to win a grand slam tournament.  She won the 2011 French Open and subsequently signed 10 sponsorship deals including those with Hagen-Daz, Rolex and Nike as well as a three-year contract with Mercedes Benz and is on track to be the highest earning female athlete globally.38 And in swimming, Sun Yang broke an Olympic record in London last year and has signed 10 million RMB ($1.6 million) worth of sponsorship agreements including those with Yili Dairy, 361 Degrees (a sports manufacture) and Coca Cola.39 The 361 Degree deal was purportedly for 1 million RMB ($157,000).

Thus along with a social media strategy that I outline later in Chapter 12, if you or your company plans to sell goods and services to consumers on the mainland, it is important to look at potential sponsorship deals with popular athletes in leagues across the country.  And once again, if you do not, your competitors (both US and Chinese) could very well be looking to sign the next Yao Ming or Lin Dan.40

Professional know-how

What other services could you provide that are not available or are in scarce supply in China?

In his book Red Flags, Matt Garner notes that because Westerners – and specifically Americans – are exposed to the best advertising campaigns, the most concerted marketing efforts and the most methodical media plans, Westerners are by-and-large the most sophisticated and savvy consumers on the planet.

How can you use this to your advantage?

Colin Colenso is an Australian businessman who illustrates how Garner’s “saviness” can be put into practice.  He is the CEO of Human Action Media and with no qualifications or work experience in marketing, media or event managing, within 18 months of pursuing his dream to start a business in Shanghai running billiards events, Colenso’s small company – aided by two English speaking Chinese friends – managed the first nationally televised snooker event in China with a western multinational brand as sponsor.4142

In an October 2012 interview I had with Colenso, he noted that “this national snooker event was actually presented to me by the government officials as they hadn’t the marketing or public relations skills or resources to sell sponsorship packages to professional westernized companies in China.  Such gaps in skills and knowledge in sports and many other aspects of China are numerous, as services and products adapt to a growing and freer market.  This market phenomenon occurs everywhere, but the gaps in China’s rapid evolution to a market economy have been wider and deeper than in developed countries where such obvious opportunities had been snatched up long ago.”

So where does this leave a sport marketing expert in the developed world?  Is there a way you can translate your experience to the Chinese market?  Or is it too late?

I asked Colenso these same questions and he advised that while, “the development of sports business in China has been rapid, particularly in the last decade, so the gaps may be narrower and shallower for beginners.  Thus opportunities may not be obvious or easy to discover.  But in a market of dozens of cities with millions of residents whom have a growing desire and capacity to procure sports entertainment and products, I have no doubt Chinese sports will be grabbing headlines around the world in years to come, not just in athletic performances, but in business developments related to sports.  In fact, sports, as well as other markets are maturing to the point that they are more capable of providing opportunities for experienced professionals and companies from the West.  Snooker provides but one example of this, as China has become a key ally in World Snooker’s strategy for international expansion.  I’m sure the same is true for golf and various other sports, as the various organizations and companies involved have evolved.”43

And remember, just because you might not know who Lin Dan or Li Na are does not mean that Chinese consumers are equally unaware.  For perspective consider that the English Premier League generates almost the same revenue as the NBA ($3.5 billion versus $4.3 billion)44 yet it would be foolish to ignore the marketing potential of sponsoring teams like Manchester United or players like Wayne Roonie (the League’s highest paid player) just because you did not like the sport.  In fact, due in part to its large fan base on the mainland, Manchester United recently signed a 3-year sponsorship deal with China Construction Bank and Wahaha, the largest soft drink producer in China.45 Could your firm or clients find similar opportunities?

The Great Outdoors

As I discuss later in Chapter 11, according to the China Daily, in 2011 more than 60,000 Chinese children traveled to the US and participated in various summer programs.4647 While educational attainment is the primary motivation, another reason is that some middle class families have begun looking for outdoor activities for their children.  Why?  According to a recent survey, “Chinese kids under six spend less than an hour outdoors every day, only a quarter of the global average.”48 Thus in an effort to educate their children about nature, some are opting for day-trips to nature preserves and even summer camps.  In fact, according to a McKinsey & Company survey, “Chinese consumers who identify “retail-tainment” as a favourite pastime has fallen from more than half a few years ago to about 40 per cent now, and will be less than a third by 2020.”49

This kind of change in consumer behavior could provide an opportunity for both domestic and foreign companies to provide outdoor services and entertainment to children and adults.  For example, two years ago Club Med opened its first ski resort near Beijing.  During the summer it doubles as a golf course and theme park and was built to accommodate 18,000 customers a day.50 And according to one estimate from Justin Downes, a ski resort advisor, “there are about five million ski tourists in the country” – a number he estimates could reach 20 million by 2020 once new ski resorts are built.51  There are even ski resorts in relatively remote Urumqi, in the northwest province of Xinjiang.52 All told there are over 400 ski resorts nationwide and companies like Mountain China Resorts are investing several billion RMB to develop and build additional resorts and hotels to cater to a customer base which is now about 70% Chinese.53 Thus both foreign and domestic turf experts, course and resort designers, and even ski trainers may find a new revenue source.

Yet one area both foreigners and domestic firms and investors should be cautious of is golf courses.  While the ban on golfing was lifted in 1984, construction of new courses has been officially banned since 2004 (e.g., “it is an elitist game” and “uses scarce fertile land”); there has been a cat-and-mouse game of subsequent construction followed by investigations.  To get around this ban, new golf courses typically use other names like “health clubs” or “country clubs.”54 Those that are discovered (typically via satellite imagery) are sometimes dug up.  For example, several years ago the Anji King Valley country club (southwest of Shanghai) received a 10-day visit from bulldozers who subsequently redesigned the landscaping (tore up the turf and sprinkler system).55 Yet there are others that thrive and generate purportedly large sales; the Qinghe Bay club that opened in 2008 charges 880,000 RMB ($141,000) for lifetime membership.56

In fact, one estimate is that the Chinese golfing industry generated nearly $10 billion in revenue in 2008 (from course costs and equipment) and is expected to grow from 700 courses in 2012 to 2,700 in 2015.57 Even Mission Hills, the world’s biggest golf resort operator has opened several courses in the face of legal uncertainties.  Their largest course is the size of Manhattan and is located in Hainan province which is exempt from the ban.  Yet as I mentioned at the beginning: caveat venditor.  This boom may only be temporary.58

Six Minute Abs

As China both ages and develops (see Chapter 6 and 19) the demand for professional recreational facilities may also increase.  For example, water aerobics is generally considered a healthy, physically beneficial activity for elderly consumers in the West.  Yet aquatic facilities do not exist in China at the level as they do in some foreign countries.  And it is not due to a lack of popularity as anyone who has visited a public pool can attest; these facilities can become very crowded.59 Similarly, just as all other developing countries go through growing pains, one literal example that is increasingly relevant is physical stress.60 Or rather, many segments of the mainland do not feel they have enough time to both work hard at work and exercise afterwards.  In fact, according to the World Health Organization, the obesity rate for those 15 years or older in China reached 38.5% in 2010 (up from 25% in 2002) and another study by the General Administration of Sport (国家体育总局) found that “overweight rate among students between the age of 7-22 climbed to a new high.”6162 And as I mentioned in Chapter 6, in terms of overall numbers China is now the capital of diabetes, with 92.3 million or 9.7% of the population suffering from this affliction compared with 11% in the US.63

Part of the predicament leading to this rise in obesity is that quite simply, many students are encouraged and required to study more that in the past.  The increased competitiveness in obtaining academic placement (see Chapter 9) has led to many primary, secondary and even tertiary students to typically attend school from 7:30am to 5pm and then spend an additional 3-4 hours doing homework.  As a consequence they have little time to play or participate in physical activities.64 In fact, according to a recent Global Times report, “[i]n comparison with data collected in 2005, scores in men’s 1,000 meters fell by 3.37 and 3.09 seconds for urban and rural students, while breathing capacity of college students as a general dropped by nearly 10 percent from the 1985 level.”65 According to Qiao Xiaoshan a physical education researcher, “[f]rom 2002 to 2010 in China, more than 40 participants in long-distance running events aged 16 and over died suddenly.”66 In 2012 two more college students died from heart exhaustion after participating in a marathon in Guangdong and another student died in Shanghai while playing basketball.67 This has led to cancellations of running-based tests and competitions across many cities and provinces.  In fact according to Qiao, “more than 30 universities in Xi’an no longer held long-distance races because of the decline in students physical fitness, leading to concerns the students may suffer injury or even death if they took part in intense physical activity.”6869

In other cases, the consumer may not feel comfortable at existing facilities.  For example, in my own anecdotal experience at participating in gyms in China, one common concern I have heard by female patrons is that they would prefer to work out in their own women-only gym so they can receive train in a more supportive, focused environment.  Thus foreign, women-oriented firms such as Curves may find opportunities to cater to niche clientele.70 Similarly, specialty gyms like CrossFit may be able to capitalize on its status as a non-traditional, unconventional training program that could market itself towards the insatiable demand for wushu (e.g., Shaolin kung fu) which similarly involves training in creative ways and carrying, throwing, contorting and kicking unusual apparatus.71 However, all told, by one estimate, the penetration rate for fitness facilities is a mere 0.3% on the mainland compared with 16% in the US and 13% in the UK.72

For perspective, in 2011, there were 29,365 fitness-related businesses providing 43.6 million gym memberships in the US.73  Yet just because there is potential in one country does not mean there is instant success in another.  For instance, Bally’s Total Fitness has actually reduced its fitness centers in China from 44 in 2008 to less than 30 today.  And 24-Hour Fitness sold its centers to a local Chinese group (Ansa) in August 2012.  Why?  Because according to Walter MacDonald, a wellness management consultant, “[a]ll the ideas that work in the West mostly don’t work here.  Fitness is not like fast food chains that can easily change the menu according to local taste.”74  Similarly Theo Hendriks, the CEO of Sports and Leisure Group explains that “[t]he international clubs that have a difficult time in China are franchises, and they just have one concept for their gyms in different countries and cultures.”75

And again for those willing to stick with the mainland, the revenue potential could be rewarding.  According to Walter Macdonald, in terms of market size only $11 billion is spent on fitness in Asia compared to $21 to 25 billion in the US.76 For example, Hosa Fitness Clubs is one of the largest on the mainland with more than 500,000 members and plans to increase its centers “from the current 82 to 300 by the end of 2013.”77 Thus perhaps if foreign firms can figure out how to localize and cater fitness to specific consumer behavior (e.g., group based activities like tai chi, yoga, cycling) instead of the traditional Western model commonly tried they may be able emulate Hosa’s success.7879

In my conversation with Kirt Greenburg (see Chapter 1), he also noted that foreign firms should conduct research to specifically discover consumer behavior patterns regarding scheduling preferences at the gym.  For example, based on his cursory research he has found that many local gyms do not cater to consumers who prefer to work out in the morning, that gyms are typically only open beginning at 8:00 am.  According to him, “because the gym itself and formal fitness culture have not been established in most urban regions, customers and entrepreneurs are still adjusting and learning how to utilize and cater to peak hours.  The idea that you can take your work clothes to the gym, workout, shower and then head straight to work is still not fully embraced by urban workforces.”  Thus it may take some long-term planning and even education to cater to this new segment of time-conscious customers.

Takeaway: China’s sports base and sport development continue to create world-class athletes.  Professional leagues are beginning to mature and have attracted significant fan bases.  As a consequence, sponsorship and advertising revenues continue to climb both for sport franchises and athletes.  If you plan to sell your products and services in China you should also consider looking for potential athletes and sports – even those seemingly unpopular in the US such as badminton or table tennis – because if you do not take the opportunity to sign them, your competitors (both Chinese and American) very well might.


Endnotes:

  1. China reaches for the big leagues from The National []
  2. NBA China Revenue to Increase at Least 10% Annually, Stern Says from Bloomberg []
  3. NBA, CCTV to boost basketball coverage in China from Variety []
  4. NBA, CCTV to expand partnership from China Daily []
  5. Yao Gives Reebok An Assist in China from The Wall Street Journal []
  6. O’Neal the real deal as Li-Ning goes global from People’s Daily []
  7. 2012 was a relatively difficult year financially and strategically for Li Ning and it may not exist in a year or two.  See A Year of Rebuilding for China’s Li Ning from The Wall Street Journal, Li Ning Torches Inventory from The Wall Street Journal, Li Ning tumbles on fundraising plan from Financial Times and Is the end nigh for Li-Ning? from The Li-Ning Tower []
  8. Chinese Shoe Deal Could Make Dwayne Wade The Richest Athlete of All Time from Celebrity Networth []
  9. Wade to sign with shoe brand Li-Ning from ESPN []
  10. I would be remiss if I did not mention a story Matt Garner originally told me.  Qiaodan is what they call Michael Jordan in China, but it was also a knock-off Air Jordan brand that Chinese consumers thought was actually American.  The reality is that the brand was registered as “Qiaodan,” not Jordan.  But most Chinese consumers cannot tell the difference.  It is like having a place in the US called “Hafo Business School” which has nothing to do with the real Harvard Business School yet most Chinese consumers do not know what they call Harvard in English.  See In China, Air cheow-DAN Cries Foul from The Wall Street Journal. []
  11. J.Crew to Open First Asian Store in Hong Kong from Bloomberg []
  12. See p. 204, Sports Around the World [4 Volumes]: History, Culture, and Practice by John Nauright and Charles Parrish and STATS Delivers the NBA to China’s Leading Web Portals from STATS []
  13. Pro basketball hits a wall in China from FORTUNE []
  14. It’s Official: NBA Star Tracy McGrady to Play in China from The Wall Street Journal []
  15. How Big is Tracy McGrady in China? from The Wall Street Journal []
  16. The two ‘followings’ are different.  Whereas KFC operates more stores on the mainland than anywhere else outside of the US, many basketball fans have enjoyed the rise of Jeremy Lin (born in Los Angeles to Taiwanese immigrants).  See Jeremy’s KFC Photo Shoot and More Photos From Volvo Shoot from Confessions of a Jeremy Lin Addict. []
  17. Another high-profile NBA import is Gilbert Arenas who currently plays for the Shanghai Sharks which is owned by Yao Ming.  See Zero Sum Game from Slam Online []
  18. NBA Washouts Have China Calling Foul from Bloomberg []
  19. Beyond Yao: The Future of Chinese Basketball from Knowledge@Wharton []
  20. Yao Ming’s Cure for What Ails Chinese Basketball from The Wall Street Journal []
  21. One Billion Fans, One Terrible Team from The New Republic []
  22. IMG Sees ‘Tremendous’ Sponsor Interest in Chinese Soccer from Bloomberg []
  23. See Beckham’s CSL ambassadorial role now confirmed from The Li-Ning Tower and Chinese Super League hoping Beckham can restore its battered image from South China Morning Post []
  24. See China bans former soccer chiefs for life, slaps heavy fines on clubs from Xinhua and Soccer in China from Facts and Details []
  25. Where are China’s Soccer Stars? from The New York Times []
  26. Asian Cup final smashes viewing records from the Asian Football Confederation []
  27. Chinese soccer clubs pay high salaries to foreign players from Want China Times []
  28. How world stole the brains behind Australian sport from The Daily Telegraph []
  29. How a swim school in Redcliffe is driving China’s Olympic gold rush from News Limited []
  30. Back in the swim from Financial Times []
  31. Skateboarding out of the shadows from China Daily []
  32. SMP Skate Park []
  33. Action Sports and Sport Participation in China from China Sports Review []
  34. The world’s 33rd most marketable athlete – Lin Dan from SportsPro []
  35. See China, Still the World Champ, Is Falling Out of Love With Table Tennis from The Atlantic and Ping Pong Diplomacy from China.org.cn []
  36. The late Zhuang Zhedong was one of the best known table tennis players on the mainland.  He was instrumental in ‘Ping Pong Diplomacy’ which presaged the normalization of relations between China and the US in the early 1970s. []
  37. See Zhang Jike: An Eligible Bachelor from Table Tennista and State Grid Welcome Visitors to the Brazil Junior and Cadet Open from ITTF []
  38. She was most recently the runner-up in the 2013 Australian Open.  See Li Na wins three-year Mercedes endorsement from SportsPro and Li Na on course to be world’s highest earning female athlete from The Li-Ning Tower []
  39. He was recently disciplined and his “commercial activities” (sponsorships) were put on hold.  See Sun Yang, advertising’s next big thing from China.org.cn and Sun Yang suspended from commercial activities from China Daily []
  40. Zou Shiming, gold-medal winner in Olympic boxing, is just one of many potential world-class athletes coming out of China.  See Zou Shiming’s professional example set to lead boxing revolution in China from Global Times []
  41. Human Action Media []
  42. Amway sponsors snooker from SportBusiness []
  43. World Snooker []
  44. Bumper revenues for Premier League clubs tempered by soaring wages from CNN []
  45. The wealthiest man in China is Zong Qinghou, founder of Wahaha which is the largest beverage producer in China.  See Man Utd signs up Chinese sponsors from Financial Times, Manchester United Signs Sponsorship Deal with Wahaha in China from Business Wire and China’s Richest Man Says Capital Markets ‘Suck’ from The Wall Street Journal []
  46. Chinese parents turn to US summer camps from China Daily []
  47. Some of these summer school programs may come under scrutiny due to relatively lax transfer credit requests.  See Chinese Summer Schools Sell Quick American Credits from The Chronicle of Higher Education []
  48. China discovers its inner tree-hugger from Financial Times []
  49. Ibid []
  50. Club Med looks to profit from China’s skiing craze from Agence France-Presse []
  51. Ibid []
  52. See Ski fields in Urumqi opens for business from Xinhua, Ice and Snow Festival kicks off in Xinjiang from Global Times and Urumqi attractions from China Daily []
  53. The ski’s the limit from China Daily []
  54. Golf course boom points to China corruption from Financial Times []
  55. The Forbidden Game from Slate []
  56. Golf course boom points to China corruption from Financial Times []
  57. See Golf defies rules to gain ground from China Daily and Mission Hills puts share float idea on table from South China Morning Post []
  58. Golf construction is booming in China, though it’s banned from Los Angeles Times []
  59. See Swimming: Chinese pools often too crowded to swim from Agence France-Presse and China’s Dead Sea Is World’s Most Packed Swimming Pool from The Daily Mail []
  60. This is a phenomenon that Matt Garner calls “stress stratification.”  In fact, due to time constraints Garner and others have predicted that many families will begin consuming pre-made food packages such as TV dinners like Hungryman.  This is further discussed in Chapter 3 (e.g., “frozen foods”). []
  61. Another estimate is much lower, 13.3% of urban Chinese male college students were classified as obese compared with 19.6% Americans in the same demographic group.  See China’s young in crisis of declining fitness from Associated Press []
  62. See Obesity in China: Waistlines are Expanding Twice as Fast as GDP from USC US-China Institute, Deaths in sports means more exercises needed from China Daily and What’s Making China Fat? from The Atlantic Cities []
  63. Another report from the International Diabetes Foundation puts the Chinese percentage slightly lower at 8.8% and in the US at 9.3%  See Prevalence of Diabetes among Men and Women in China from Yang et al. and China’s diabetes epidemic exacerbated by one-child policy from News Track India []
  64. Deaths in sports means more exercises needed from China Daily []
  65. Children’s tug of war between classroom, sports ground from Global Times []
  66. Races canceled as students struggle to stay in shape from China Daily []
  67. See Second death from Guangzhou marathon reported from Xinhu and Sudden death of college student raises attention from China Daily []
  68. See Races canceled as students struggle to stay in shape from China Daily and China’s young in crisis of declining fitness from Associated Press []
  69. Compounding this problem is air pollution (as noted later in Chapter 18).  According to John Balmes, a professor of medicine at UC San Francisco, due to the poor air conditions and relatively high levels of pollution in cities like Beijing, “it’s actually unhealthy for kids to be exercising outdoors. When you’re playing sports outside – or just being a kid and being very active – you get a high exposure to pollution because you’re breathing more per minute. Also, when you’re exercising, you breathe through your mouth instead of your nose, which has a filter.”  See Eye-Stinging Beijing Air Risks Lifelong Harm to Babies from Bloomberg []
  70. Compared to the rest of the industry, Curves has actually fallen on financial difficulties.  Thus competing firms that operate in this niche may be able to take this opportunity to expand overseas.  See In Search of More Muscle from The Wall Street Journal []
  71. The first official CrossFit gym on the mainland was recently opened in Shanghai.  See Iron Dragon: Crossfit []
  72. Down at the gyms from China Daily []
  73. Ibid []
  74. Ibid []
  75. Ibid []
  76. See Gym, Health & Fitness Clubs in the US: Market Research Report from IBISWorld, The Shape of the Fitness Industry from South Source and Industry Research from IHRSA []
  77. Down at the gyms from China Daily []
  78. For perspective consider that a year ago in 2011 Bally’s had large expansion plans for the mainland however those do not seem to be panning out.  Similarly, the fitness market has been another area that seems to have suffered from hype as back in 2002 it was reported that China’s sport and leisure market had 400 million consumers who spent $1.7 billion on sporting goods in 2000.  Thus, again while the potential remains, it may take many more years for any kind of critical mass or market penetration rates that are equivalent to the West, if ever.  See China’s Next Revolution Is in Fitness from The New York Times, Little Weight to China’s Gym Fad from Los Angeles Times and The New Sweatshops from TIME []
  79. An area of personal interest is the sport supplement and dietary supplement industry (which I did my graduate research on in the US).  While specific market research numbers are hard to come by, products from GNC are readily sold in CityShop (see Chapter 3) locations and some yogurt shops sell MuscleMilk.  And because of the prevalence of TCM (traditional Chinese medicine) and herbal supplements at every local pharmacy, perhaps foreign firms specializing in supplements could find a new market to generate revenue from if properly localized, branded and marketed. []

Chapter 9 – The education market

[Note: below is Chapter 9 from Great Wall of Numbers]

Over the past four years I have had a chance to live and work throughout China.  This was done in the capacity as an instructor, teacher and professor at a variety of colleges and schools across the country.  Along the way I have met numerous fellow travelers, international teachers and businesspersons who have worked across the wide expanse of China’s educational systems.

I say systems because there is a cornucopia of private international schools, public schools, specialized Montessori schools and a seemingly infinite amount of training centers called bǔxíbān (companies and institutions that typically offer after-school programs such as EFL, GRE, GMAT, art, business and math training).  These all exist to meet the demand of an extraordinarily large population that culturally values formalized schooling for educational attainment.

For example, in 2006 there were an estimated 16.7 million students studying at 336,200 elementary schools and 21.2 million students studying at 361,300 junior high schools (the reason for the relative decline and difference in the cohort sizes has to do with the one-child policy).123 More than 9 million high school seniors take the national college examination (gaokao) each year, the top percentage of which typically then study overseas.4 And approximately 8 million college students now graduate each year in China, a rate that has quadrupled since 2002.5

In addition, as I mention below, there are a number of extra-curricular training centers called bǔxíbān that cater to the growing domestic demand for foreign educational services.  For instance, in 2011 more than 20,000 Chinese high school students took the SAT as part of their quest to study overseas.67 With 58,196 test-takers from the mainland, one in five people who took the GMAT in 2011 was from China – a 45% increase from the previous year (and up from 11,000 in 2008).89 Both tests are conducted entirely in English.  New Oriental Education – among many other training centers – alone trains and tests up to 200,000 students a year in standardized tests like TOEFL and SAT.1011

EFL market

In January 2009, then-Premier Wen Jiabao stated that there were roughly 300 million English learners in China.  For perspective, there are 600 times more Chinese studying English than Americans who study Mandarin.12 From primary school through the first two years of college, nearly every student in China is required to take English.  One of the subjects tested during the gaokao, the annual national college entrance exam, is English.  And with great commitment comes great costs.  In 2002 the estimated price tag on EFL education was $1.4 billion and according to a 2009 McKinsey & Company report, “China’s foreign-language business is worth $2.1 billion annually.”13 As I mention below, this is substantially lower (5x) than their peers such as Japan and South Korea.

Who teaches these EFL courses?  According to People’s Daily, approximately 100,000 foreign teachers and experts are recruited each year to work on the mainland.1415 But before jumping on a plane and starting a new EFL division of your company overseas consider that not only would you need various licenses to start up a new firm, but that the EFL market is already sorting the wheat from the chaff.16 For example, a large number of nation-wide EFL providers including: Disney English, Wall Street English and English First (EF) are owned and operated by foreign companies.  EF is actually the world’s largest EFL company, with 34,000 employees and more than 500,000 paying students globally.  New Oriental Education and Ambow Education were both founded by Chinese nationals.17 They rank among the top EFL providers in China and are even traded on the NYSE.

So like all business startups, be sure to do a SWOT (strengths, weaknesses, opportunities, threats) analysis and identify what your company can provide that is not already being serviced.  Even with these well-funded incumbents, a case could be made that entrepreneurs (both foreign and domestic) can still create a profitable business model, catering to specific niches (e.g., first-contact health care providers, hospitality managers, financial and securities traders, lawyers and paralegals).18

While some have argued that EFL might be bubble activity, there is arguably a lot of organic, bottom-up support for this drive into English.  For instance, according to Jun Liu, English professor at the University of Arizona, as of 2007 about “40,000 foreign companies have been set up within China and employ 25 million people.”19 As a consequence a lot of the day-to-day operations are conducted in English, such as emailing, accounting, finance and sales.  And this outward push from within organizations can be illustrated by firms such as Air China – the third largest carrier in China – which has introduced an incentive program for its employees to learn English from a large TEFL provider.  Similar incentive programs exist at foreign-owned multinationals such as Eli Lilly, Metro (a large German supermarket chain) and Intel.  On a governmental level, in a bid to help tourists and foreigners, one such firm – English First – was even hired to teach taxi drivers and volunteers during the Shanghai 2010 Expo; they were also the official trainers for the 2008 Beijing Olympics.

And with a goal of becoming distinguishable and eventually an international brand, most businesses and large SOEs have adopted English names such as China Unicom, Lenovo, Agricultural Bank of China, China National Petroleum, State Grid and China Railway.2021 As I mention later in Chapter 12, this push outward presents an opportunity for US companies and institutions to help market and educate Chinese firms looking to do business overseas.  On this note, in June 2012, Shaun Rein, the author of “The End of Cheap China,” made the case that China will continue to need American education and American educators.22 He makes a persuasive call for US-based educational entrepreneurs as well as educational companies and institutions to set up shop on the mainland.  And if you do not, someone, perhaps even your competition will.

What you and your firm can do

For perspective, South Korea, which invests more on EFL education than any other country, collectively spends between $10-$15 billion a year on EFL education; one 2005 estimate put the figure even higher, 1.9% of GDP (approximately $16 billion).23 And with a number of domestic programs similar to its neighbors, Japan spends about $8 billion a year on EFL.24 Thus with a population ten times the size of Japan and a GDP six times the size of South Korea, there is a lot of potential room for EFL growth in China, which as noted above, spent $2.1 billion on EFL in 2009.

How much do these programs at a language center typically cost?  I spoke with a high level Chinese manager in charge of operations at a large EFL training center in Pudong, Shanghai who has had 20 years of experience working at Disney English, Wall Street English, EF, Web English and Huapu (the latter two are Chinese-owned and managed).  According to her, “ten years ago it was a seller’s market as there were relatively few language centers and as a consequence they could charge enormous tuition fees, upwards of 400,000 RMB [$64,000] a year primarily because there was and still is a large demand for authentic face-to-face experiences.  In return the centers provided one-on-one intensive training with laowai – native English speakers – for hours each day.  Today, because the market has matured over the past decade, the average high-end language package now costs about 30-40,000 RMB [$4,800-$6,400] annually in larger cities like Shanghai and Beijing – which is still a somewhat high amount considering the annual wages for most urban residents is less than $9000 a year.  Yet, there still a number of firms such as RISE and baite (百特英语) that specialize in providing English-only, total immersion environments for their customers – at a substantial cost.”

One of the ongoing issues that any service provider in any country must continuously deal with is figuring out the right price point for attracting potential customers.  Online education is one way to create flexible rates; as a consequence several EFL programs are now available at substantially lower costs compared with ten years ago (e.g., 500 RMB per month).  Another example is while the value of an EFL package is subjective based on each individual’s preferences, there are ways to make repayment easier.25 Take for instance, payment plans.  At some language centers they are now allowing customers to pay by installment.  And according to this same source, even though 10-20,000 RMB [$1,600-$3,200] a year is now considered a “reasonable sweet spot” in the mind of the typical middle class worker in a Tier 1 city; some of these consumers still would like flexibility and assistance and thus providing month-to-month billing allows them to achieve a win-win compromise.

Catering to specific clientele

In November 2012 I spoke with Cathy Su, a six-year marketing veteran at English First (EF) and Fujian native, about education-related business opportunities in China.  According to Su, “parents will go to great lengths to sacrifice themselves for their child’s educational future.  For example, in order to send their children overseas, many are essentially price inelastic.  Some are willing to invest and spend substantial amounts in order to help their children get an overseas education.  They do this for multiple reasons, yet in every case, the students all need both coaching and training to prepare for standardized tests like the SAT, GMAT and TOEFL in order to matriculate overseas.”

While there are cultural components (such as li or 禮) to this seeming inelasticity one of the key issues that Chinese families currently face is as Charles Zhang (the founder of internet giant Sohu) recently explained in an interview,

“I believe the US system is definitely better than the Chinese system. First of all, China just has way too many people. The entire system becomes very competitive and thus opportunities are limited. Education in China is not education; it is selection. Of course, the biggest selection process is the national college entrance exam, the Gaokao. The Chinese system naturally must prepare children to study for this inevitable exam, but the preparation is the complete destruction of creativity.”26

Zhang’s comments were similarly echoed by Paul French, the Chief China Market Strategist at Mintel who recently noted that, “[t]here simply aren’t enough places at enough good universities for all the Little Emperors capable of attending and passing the required exams.”27 Little Emperors (八零後) are single children born and raised under the one-child policy.  And due to this confluence of scarcity and demographic pressures, this ultra-competitive labor market has motivated parents to push their only child to accumulate other degrees and certificates (see below).  For example, according to a report from Mintel, “three-quarters of middle-class Chinese parents expect their child to earn a postgraduate degree, while only 32% said they would be happy if their child stopped at the undergraduate level.”28

This sentiment was similarly noted by Wendy Bao, with whom I also spoke in November 2012.  She is originally from Zhejiang and has worked throughout EF over the past 10 years in positions such as a product manager, market analyst and in business intelligence.  According to Bao, “Chinese parents care more about education for kids than themselves.  Or rather, if there was an investment decision between the two, Chinese parents will invest more in their children’s education and extracurricular activities because they see their progeny as more important than their own personal achievements.”

Such sacrifice is illustrated by the family of Wu Caoying, who now attends a three-year polytechnical school.  Growing up in Shaanxi province, she is the only child of her parents.  Her father works in a coal mine, earning $500 a month and her mother earns $12 a day “tying little plastic bags one at a time around 3,000 young apples on trees, to protect them from insects.”29 Together they have scrimped and saved for their daughters education and spend more than 50% of their monthly earnings so that their daughter could attend a boarding school during high school and can now matriculate to the polytech.  In return, Caoying is expected to help take care of her parents after they retire.

While part of the education-centric ethic stems from various Confucian teachings (e.g., xiushen or修身) that most Chinese are taught from a young age another reason why foreign degrees are sought is that this highly competitive labor market has led to credentialism (e.g., obtaining a certificate or degree merely to collect it for your resumé and CV).30 As a consequence Cathy Su also thinks that because of this education ethic, that in addition to traditional EFL training there is essentially an insatiable demand for niche services such as SAT coaching.  This may be especially true since the middle class is expected to grow from 300 million today to an estimated 600 million by 2020.31 And as I noted in Chapter 6, with a growing middle class comes growing disposable incomes.  Furthermore, wealthier Chinese families are increasingly looking to send their children abroad in part because of the hyper competitive domestic climate and due to the perceived creativity-friendly environment at Western institutions.  For example, a 2012 report from Hurun regarding high net worth individuals (there are approximately 2.7 million HNWI in China), “85% plan to send their children abroad for education.”3233

And what do these Chinese students do after completing their degrees?  While many of them obtain permanent residency, others return to the mainland (see ‘brain drain’ in Chapter 19) as future innovators and policy makers.  For instance, several of the largest internet companies in China were founded by Chinese nationals who attended US institutions for college and graduate school.  Charles Zhang (Sohu) graduated from MIT; Robin Li (Baidu) graduated from SUNY Buffalo; Joseph Chen (Renren) graduated from University of Delaware, Stanford and MIT; Gary Wang (Tudou) graduated from Johns Hopkins and the College of Staten Island; James Liang (Ctrip) graduated from Georgia Institute of Technology; Victor Koo (Youku) graduated from Stanford and UC Berkeley; and numerous executives in the management teams at Sina and Tencent attended a US college.  In addition many others at Alibaba attended other Western institutions or joint ventures like the China Europe International Business School, the first business school to offer an MBA on the mainland.3435 Harvard has several programs designed specifically to educate and facilitate information exchange with future Chinese policy makers.  One of its programs called China’s Leaders in Development brings in “50 to 60 official each year.”36 Its Kennedy School has trained 150 Chinese officials since its program began in 1998.  All told about half of the 668 Chinese students in the 2012-2013 school year at Harvard are enrolled in the Graduate School of Arts and Sciences.37

In fact, while the legal issues are still being sorted out, there may be opportunities for both non-profit and for-profit traditional brick-and-mortar schools in larger mainland cities.  For example, many Chinese families are faced with a dilemma in terms of educational options on the mainland.  On the one hand they can send their children – or usually the only child – to public schools.  While some of the public schools are opening special classes for students wanting to study abroad (SAT, AP, A-level prep), public schools are usually considered substandard due to lack of funding and rote memorization learning methods.  Another viable choice is for families to try and help send their kin overseas yet this is financially cumbersome to most middle-class families.38 A third option is private schools, yet there are currently very few private schools on the mainland, thus the other two options above place many families in an uncomfortable bind (e.g., they would like their children to receive the best education possible but have limited choices).

This may be changing however.  Two years ago Wellington School, a 150-year old British school, was replicated in Beijing.39 For £15,000 a year ($23,800), Beijing parents can now send their children to this new school based on the British public school system.  Oxford International College (unrelated to Oxford University) charges up to $41,700 a year in its private schools located on the mainland and also emulate the British education system.40 And while it take  some time before such imports are more widely accepted, the only other alternative currently is international schools, though while relatively popular, they are also both very exclusive (you typically need to have a foreign passport to be eligible) and prohibitively expensive ($10,000-$35,000 a year).41 Yet the trend towards international schools is growing.  According to Reuters, there are now 338 such schools (up from just 22 twelve years ago) whom collectively enroll 184,073 students.42

Or conversely perhaps your firm can help place Chinese students in American schools.  For example, according to the Association of Boarding Schools, “about 5,600 students from China [are] enrolled in its 285 member schools in the US this academic year [2012-2013].”43  According to the US Department of Homeland Security, in 2010-2011 the amount of Chinese students studying at private schools in the US was 6,725, up from 65 in 2005.44 In terms of costs, some international programs like Leman Manhattan Preparatory School in Manhattan cost $68,000 a year (30 out of the 40 international students at Leman are currently from China).45 Other boarding schools in the New York metro area cost an average of $46,875 a year.  As a consequence, the opportunities for foreign experts and entrepreneurs looking to wade into both sides of the market may be viable, even for administrative tasks.

For instance, US institutions and organizations collectively spend $980 billion annually on education, twice as much as China.4647 Due to a variety of factors including large spending per capita, US institutions continue to attract foreign talent.  For example, there were 765,000 foreign nationals studying in the US in 2011 – including 158,000 Chinese (there are now 194,000 Chinese studying in the US).4849 And according to the US Department of Commerce, these foreign students contributed $22.7 billion to the economy and many stay after graduation (Chinese students alone added $5 billion to the US economy in 2012).50  Thus in an effort to  improve both the quantity and quality of its graduates as well as raise its standing on league tables and rankings, every level of the Chinese government is implementing plans to invest ever larger sums of funds into education; including recruiting foreigners (for comparison, 24,000 Americans studied in China in 2011).51

Yet, with the administrative, marketing and teaching prowess gained from over six decades of being at the top of the international educational marketplace, managers and entrepreneurs at US institutions could conceivably capitalize on their skill bases and leverage them in China’s expanding market.5253 A year ago, in March 2012, Stanford University opened the doors to a new joint venture, Stanford Center at Peking University making it one of the first permanent higher education facilities to open on a Chinese campus.54 NYU has set up the first Sino-US joint venture university that will award a double bachelor’s degree (from both the local Shanghai branch and NYU in Manhattan).  Classes began in the fall of 2012 and students from the mainland will pay 100,000 RMB ($15,948) a year to attend.55 And Julliard, the performing arts conservatory, is building a campus in Tianjin (southeast of Beijing) catering to students aged 8 to 18.56

At the same time however, enthusiasm should be tempered as a joint Yale University – Peking University undergraduate program “collapsed” this past July due to “high expenses, low enrolment and weaknesses in its [Yale] Chinese-language programme.”57 Similarly, Duke University’s venture with Wuhan University has run into several major problems.  The construction of the new Duke Kunshan joint campus has been delayed five times over the past three years due to “slow” and “shoddy” workmanship.58 Thus success in this segment is not necessarily a foregone conclusion.

Another role that foreign administrators may be able to utilize is that of an agent, or admissions consultant.  According to one estimate, “8 out of every 10 Chinese undergraduate students use an agent to file their applications.”59 These agents in turn will help candidates fix their admissions essays, find the best references to write recommendation letters and otherwise guide clients through a streamlined process to foreign-based colleges.60 Maybe you and your company can utilize your expertise to work with new clientele.

However, as touched on above, the mainland education industry can also be tricky.  For example, in order to be granted a license, certifications have to be recognized by the Ministry of Education.61 Online-awarded degrees and certifications are typically not accredited by the Ministry.  As a consequence you may have to set up a physical brick-and-mortar office in order to do business within the Chinese marketplace.  In addition, alternative certification programs such as Microsoft’s MCSE, Cisco’s CCNA, Huawei’s HANA and others like Certified Nutritionist are increasingly prevalent – so as long as they are recognized by what the Ministry deems as a legitimate institutional authority.

For instance, what if your company trains and educates workers in an ISO management process in the US?  If you wanted to expand into China you may need to reinvent your firm on the mainland by creating a brick-and-mortar office location before you can legally market within China.  A consequence for failing to do so would be the trials faced – according to a source at the company – by the University of Phoenix, which despite its 35 years of history, was originally not seen as a legitimate degree awarding institution in China.

National Quality Assurance (NQA) is one of the largest ISO registrars in the world and an Accredited Certification Body (ACB) that coordinates with regional sub organizations to train, audit and certify organizations and companies in ISO 9000 family of quality management certifications.  SNQA is the organization in charge of verifying, confirming and auditing ISO 9001, ISO 13485, TL9000, BRC-CP and several other standards on the mainland.62 In January 2013 I spoke with Jason Jia, who is managing the new Wuhan, Hubei office for SNQA.  Jia is originally from Anhui but has spent the last 3 years working in sales for SNQA.  He noted that, “there are long-term opportunities for foreign ISO experts that can provide to mainland firms such as training and auditing services.  However one of the challenges facing these same companies is that communication issues are usually a big problem.  In addition, the maintenance and foreign labor overhead expenditures relative to local labor are usually cost prohibitive and as a consequence the daily maintenance fees are typically so high that most Chinese firms cannot afford it.  For example, we as a certification organization pay the auditor company a daily training and on-site verification fee and this quickly adds up when taking into account the relatively higher per hour costs charged by foreign companies.”

Recruitment

One lively human resource area within the education labor market provides large compensation packages yet has relatively few candidates: if you have internationally recognized awards, Chinese institutions will hire Western superstar teachers to improve their table rankings.63  For example, three years ago Jiao Tong University in Shanghai scored a coup, recruiting French virologist Luc Montagnier, who discovered HIV and subsequently received the Nobel Prize in 2008.  Another case is, Rao Yi, who grew up in China but spent 22 years at Northwestern University before being lured back to become the dean of Life Sciences at Peking University.64 All told, the Chinese national government in a project dubbed the “1,000 talents program” (see more below in Chapter 15) is offering perks and bonuses up to $150,000 in an attempt to lure “foreign-educated Chinese scientists, academics, financial experts, and M.B.A.s.”65 And according to Wang Huiyao, head of the Center for China and Globalization, approximately 15,000 individuals have come to the mainland through this program.66

At the same time, if your goal is acting as an intermediary and talent recruiter, expectations should be tempered with a dose of reality.  For example, Pat Sullivan, an accountant and chairman of international recruiting at Young Harris College told me in March 2013 that there are a number of obstacles created by current US immigration policies, which put numerous roadblocks in the way of foreign students seeking to study in the United States.  According to her, “The paperwork required for US Visas, health certificates, assurances of financial solvency, and other forms are always more time consuming than one would expect.  Planning for the arrival of foreign students must begin months in advance and requires the active participation and assistance of the host educational institution.”

Consequently, for those entrepreneurs looking to open up a new seminar or class room system, several questions need to be answered: where will you find customers who are willing and able to pay?  How will you build, manage and incentivize a sales force team to convert leads into customers?  Who will teach and design the curriculum for the courses?  Where will these seminars and courses be held?

In terms of taxes, there is one other challenge for foreign-owned companies that is not entirely unique to the EFL industry, yet should be recognized and addressed.  As mentioned above, each province has its own legal requirements for business licenses and certifications.67 For example, in Shanghai, in addition to a college degree a foreign teacher is required to have at least 2 years of previous teaching experience as well as a TEFL certificate from an authorized institution.  On the business end, due to relatively strict capital controls (e.g., individuals are limited to $50,000 in transfers annually) it can be relatively complex to repatriate your profits and assets from schools as there are also numerous taxes, tariffs and levies that do and do not apply specifically to educational companies.  While not explicitly discouraged, creative accounting, subcontracting and the “Hong Kong shuffle” (see Chapter 10) have become increasingly popular tactics by EFL firms to reduce tax liabilities.6869 Thus it is recommended that you speak with an attorney or tax expert before you invest in a new EFL program.

Cloud education

In terms of educational activities irrespective of being indoors or outdoors, according to its September 2012 report, Distimo noted that the popularity of English-based apps in China for the iPhone still remains very high.70 It is the 2nd largest installed language for apps overall and thus foreign entrepreneurs – including those in the education industry – may be able to turn this embedded built-in language base to their advantage.  Because the userbase is already largely familiar with Romanization, that is one less problem to be concerned with.  You might consider creating online virtual EFL classrooms based on apps for smartphones and tablets or rolling out cloud-based video courses that can be viewed by anyone with an internet connection.

In fact, one point Wendy Bao explained to me was that online classes and programs like Khan Academy will be the future of education.  Khan Academy is a popular non-profit educational organization that focuses on making micro lessons on a variety of topics and has delivered more than 200 million lessons online.71 In Bao’s words, “while online courses may have a slower uptake in China due to a limited – yet growing – telecommunication infrastructure, because of their inherent flexibility for being offered and accessed throughout a wide variety of time slots, this will enfranchise rural and urban students who can now utilize global knowledge databases.  These same students – who due to their inland locations and schools lacking the funds would otherwise not have access to experts including foreign instructors whose language skills are highly sought after and could be substantially cheaper via telepresence.”

Yet again, one challenge, as Bao mentioned, is that the telecom infrastructure is still relatively limited in bandwidth.  For example, as I note later in Chapter 15, according to their Q3 2012 speed survey, ChinaCache, the largest domestic content delivery network (CDN), notes that while the overall speeds are a little slower than previous speed rankings, Shanghai currently leads the country in average speeds at roughly 3.44 Mb/s and Beijing is 10th at around 2.5 Mb/s.7273 Akamai Technologies (a global  content delivery network provider) ranked China’s average internet-connection speed at 94th globally, at 1.6 Mb/s.74 In addition, depending on the regulatory and monitoring issues discussed in Chapter 20 with the Great Firewall, quality of service and bandwidth may decline as you leave the larger Tier 1 cities.  Thus entrepreneurs should take these factors into account while making a business plan.

In December 2012 I spoke with Eric Azumi, vice-president of information systems at EF.  According to him “the online market is just now beginning to be tapped.75 There have been limitations that continue to be overcome including computational and bandwidth issues that arise in every country but especially in China.  Voice recognition services similar to Siri will probably be the next technology incorporated into this segment and eventually, as the online industry matures, it will be commoditized.  What I mean by that is that at some point all competitors will have very similar software stacks in terms of features and functionality, yet there is always room for value-added services – especially as more direct-teacher training is replaced with mobile learning.”

Azumi gives as an example, the technical changes over the past 15 years as online classrooms evolved from text-only, to incorporate audio, then video via telepresence (e.g., webcams) and as he predicts in the near-term, real-time voice recognition.  Yet again even with all of these competitive forces with large, well-funded, experienced incumbents he thinks that “because of the relatively low barriers to entry just about anyone can still set up an educational center in China and elsewhere, especially if they cater to niche groups or provide a unique environment such as how coffee shops in Japan have been turned into English conversation centers that provide both relaxed and informal way of improving language skills.  And because people by-and-large still insist on face-to-face time, the general acceptance of online education will take time to diffuse here and around the globe.  Furthermore even with the advent of on-demand instructional services there are still many opportunities for traditional schools in 2nd & 3rd Tier cities which are still nascent markets that have not been exploited yet.”  These technological challenges and opportunities related to cloud computing are further expanded on in Chapter 13.

Yet for those willing to face these technical challenges, the financial rewards could be lucrative.  According to one recent estimate, up to 380 million people in China will “need high-quality education and training resources across the country” from 2012 to 2017.76 And a large percentage (~30%) of these people are expected to utilize online services and tools, creating a potential market worth an estimated $11 billion in revenue.  However, to temper any get-rich-quick enthusiasm, the amount of investment into Chinese education companies fell to $46 million in 2012, less than a quarter of the previous year.77 Why?  David Chen of AngleVest – a venture capital group focusing on angel rounds – noted that “the timeframe for growing an education business can be drawn-out, and a challenge for fund managers who have to achieve returns by a specific date.”78 Thus once again, while there is potential revenue there is also required patience for returns on investment.

Takeaway: The education market in China has the potential to be both large and profitable.  However, gone are the days when you could merely jump on an airplane, get off and instantly set-up a market-leading company.  The industry has become increasingly competitive with both professionalized workforces and various rules and regulations such as licensing and certification guidelines.  But as long as the Chinese economy and population continue to grow, there should be continued opportunities for entrepreneurs and companies who have done their due diligence.  This chapter does not discuss guanxi, a cultural phenomenon involving personal connections within the hiring and deal making process in all Chinese business transactions.  But that is a very complex topic worthy of several copious volumes and touched on in Chapter 10.


Endnotes:

 

  1. Number of Elementary Schools Shrink in China as Population Ages from Xinhua []
  2. Age will weary the Chinese miracle from BusinessSpectator []
  3. More specifically, “Despite a 40% increase in population since 1976 the number of primary school students has gone down by 33%, from 150 million to 100 million, and there were half as many primary schools in 2010 as there were in 2000.”  See 停止计划生育政策的紧急呼吁 from Eduzx.net []
  4. The peak was 9.5 million in 2006.  It has declined in part because of the one-child policy and also because many students are matriculating overseas for education.  See More students choose to study abroad from People’s Daily and The gaokao: still life’s most important test? from China Daily []
  5. The number of higher education institutions doubled in ten years, from 1,022 to 2,263 in 2011.  This includes a combination of both universities and junior colleges.  For comparison roughly 3 million students graduate from US universities and junior colleges each year.  There are now 11 times as college students in China as it had in 1989.  See China’s Ambitious Goal for boom in College Graduates from The New York Times, China’s Graduates Face Glut from The Wall Street Journal, Chinese Graduates Say No Thanks to Factory Jobs from The New York Times and A work in progress from The Economist []
  6. Testing time for study abroad from China Daily []
  7. Currently there are no SAT test centers on the mainland due to restrictions by the government.  Thus students wanting to take the SAT must go elsewhere, typically Hong Kong.  See ”洋高考”来势凶猛国内高校面临挑战 from Sohu []
  8. See Chinese Flock to the GMAT from The Wall Street Journal and China Outperforms U.S. on GMAT from The Wall Street Journal []
  9. This growth in GMAT testing and overseas matriculation is one of the reasons why US institutions that provide MBAs have grown from 26,000 to more than 168,000 annual graduates from 1970 to 2009.  There are a number of mainland based MBA schools as well including the top ranked Cheung Kong Graduate School of Business in Beijing.  See Is the MBA Obsolete from Forbes, China Best Business School Leadership MBA from Forbes and Game Changers: Guanghua Cai from Fortune []
  10. China’s Test Prep Juggernaut from BusinessWeek []
  11. New Oriental is currently involved with a class action lawsuit that alleges the company did not clearly state that students in franchises (which the company does not own) were counted among the overall headcount (e.g., headcount inflation).  See New Oriental faces class law suit in the US from China Daily and New Oriental Sinks as Block Renews Allegations: China Overnight from Bloomberg []
  12. An education exchange would strengthen ties with China from Politico []
  13. Chinese Learn English the Disney Way from The Wall Street Journal []
  14. China to recruit foreign experts through Internet from People’s Daily []
  15. In addition to traditional formats and courses, the EFL market in China also includes: IELTS, TOEFL, SAT, GRE, GMAT and LSAT. []
  16. For a step-by-step procedure, see Starting a Business in China from the World Bank.  See also New Path for Trade: Selling in China from The New York Times []
  17. Ambow is currently facing a lawsuit by investors who accuse it of fabricating acquisitions to bolster its revenue numbers.  See Ambow Education Investors Pursue Lawsuit as Shares Plunge from Bloomberg []
  18. Teaching English in China: What You Need to Know from Yahoo! Voices []
  19. The Impact of English in China by Jun Liu []
  20. As I note in Chapter 14, through the mass consumption of Western entertainment, the Romanization and Latinization of both mainland businesses and cultures continues.  And yet this is not the only area in which Western culture is absorbed on the mainland.  According to Yasmin Haskell, “The Chinese already appreciate the importance of these sources [European sinologists]. Several years ago they were sending local students on scholarships to learn Latin at European universities. Today, as I am reliably informed by a senior American colleague, they are training up thousands of Chinese teachers of classics – not the Chinese classics of Confucius and Lao Tzu, that is, but those of ancient Greece and Rome.”  See We must look to an ancient tongue to understand Asia from The Australian []
  21. Another on-going long-term opportunity for brand marketers is working with these large SOEs as they internationalize and go abroad.  While they typically dominate their specific market segments domestically (in part because of their monopolistic privilege) they have had uphill challenges in expanding abroad.  See BCG: Chinese State-Owned Firms Not So Muscular Abroad from The Wall Street Journal []
  22. China Needs American Education. Here’s How to Bring It There from Forbes []
  23. See English language education in Korea, fad or the future? from Yonhap and The Economics of English by Hyo-Chan Jeon []
  24. See Japan Launches primary push to teach English from The Guardian, The Economics of English by Hyo-Chan Jeon and Elementary Schools to get English from The Japan Times []
  25. The economic term for this is the “subjective theory of value” in contrast to the classical “labor theory of value.”  See Chapter 4 entitled The Subjective Theory of Value by Thomas Taylor []
  26. An Interview With Charles Zhang, CEO of Sohu from Agenda []
  27. China’s Middle-Class Parents Underwhelmed by Undergrad Degree from The Wall Street Journal []
  28. Ibid []
  29. In China, Betting It All on a Child in College from The New York Times []
  30. As one of my Chinese mentors in Singapore explained, the cultural component should not be overlooked or downplayed.  There is a Confucian virtue called xiushen (修身 or self-cultivation, improvement, rectification) which has been enshrined at a deep cultural level across the Chinese populace that Western education, especially at tertiary levels, and particularly in the fields of science, technology, management, marketing and finance will probably see strong demand for years to come.  This is not simply a calculation concern (to improve one’s income potential), but even more so a cultural phenomenon. []
  31. 600 million middle-class Chinese by 2020: think tank from Xinhua []
  32. See p. 10 The Chinese Luxury Consumer White Paper from Hurun []
  33. The target schools abroad, especially in the US are elite institutions like the Ivy League.  See Chinese flock to elite U.S. schools from CNN []
  34. To be even handed there are also several successful domestic tech firms founded by homegrown talent that did not matriculate overseas such as Jack Ma (Alibaba) and William Ding (NetEase). []
  35. USC’s Marshall School of Business has a joint international venture with Jiao Tong University in Shanghai, offering an executive MBA since 2004. []
  36. Harvard Trained Communists Vie for Power as Party Gathers from Bloomberg []
  37. Ibid []
  38. Some of these new “special” programs (preparatory courses often taught by foreigners) are called “American-Chinese cooperation programs” and are being implemented at public schools, yet they also have their own admissions hurdles.  For example, they all require their own entrance examination and some of these programs charge up to 100,000 RMB ($15,000).  See “洋高考”来势凶猛国内高校面临挑战 from Sohu []
  39. See British public schools exported to China from BBC and China creates a replica of famous British public school Wellington College near Beijing from Daily Mail []
  40. An Oxford in Changzhou? International schools spread across China from Reuters []
  41. SMIC Private School in Shanghai is estimated to cost around $11,000 a year whereas the British International School in Shanghai purportedly costs $30,000 per annum. []
  42. An Oxford in Changzhou? International schools spread across China from Reuters []
  43. Spreading their wings early from China Daily []
  44. Ibid []
  45. Ibid []
  46. Can U.S. Universities Stay on Top? from The Wall Street Journal []
  47. Various levels within the Chinese government are attempting to recreate the education boom laid forth by the G.I. Bill through their own $250 billion a year initiative.  See China’s Ambitious Goal for Boom in College Graduates from The New York Times []
  48. Chinese boost for US colleges from Shanghai Daily []
  49. It is not just US colleges that have benefited from this international student pool.  According to an Al Jazeera report, “British universities receive more students from China than any other country outside of the European Union.”  There were 67,235 Chinese international students in the 2010-2011 cohort in the UK.  See Chinese students choosing to study abroad from Al Jazeera []
  50. Students from China add $5b to US economy from China Daily []
  51. Ten Years of Rapid Development of China-US Relations from Xinhua []
  52. Prior to World War II, the leading institutions of both the sciences and social studies were in German-speaking countries.  German, not English, was the lingua franca of the academic world for nearly a century. []
  53. One tool that all administrators and application departments in any country can now utilize to screen potential candidates is IntialView which is an interview platform that is becoming increasingly popular among both by applicants and administrators (38 out of the top 50 US colleges now accept interviews from this platform).  See China’s InitialView gains traction as most top US universities now accept its candidate interviews from The Next Web []
  54. Stanford research center opens at Peking University from Stanford []
  55. Shanghai NYU will open for fall of 2013 from Shanghai Daily []
  56. Juilliard to Bring New York-Style Teaching to China from The New York Times []
  57. Foreign universities: Campus collaboration from The Economist []
  58. Duke Kunshan University delayed again, following communication and funding problems from The Chronicle []
  59. Forged Transcripts and Fake Essays: How Unscrupulous Agents Get Chinese Students into U.S. Schools from TIME []
  60. While there are many genuine applicants, foreign admissions consultants should be aware that considerable amounts of fraud have taken place in this subindustry.  In fact, one report in 2011 based on a survey of 250 Beijing high school students matriculating to the US “concluded that 90 percent of Chinese applicants submit false recommendations, 70 percent have other people write their personal essays, 50 percent have forged high school transcripts and 10 percent list academic awards and other achievements they did not receive.”  See A Chinese Education, for a Price from The New York Times, The China Conundrum from The New York Times and Busted: Fraud in China by Tom Melcher []
  61. For a step-by-step procedure, see Starting a Business in China from the World Bank.  See also New Path for Trade: Selling in China from The New York Times []
  62. SNQA []
  63. Chinese Universities Send Big Signals to Foreigners from The New York Times []
  64. ‘Sea turtles’ reverse China’s brain drain from CNN []
  65. Steal this Scientist from The Daily Beast []
  66. Reverse brain drain: China engineers incentives for “brain gain” from Christian Science Monitor []
  67. For a step-by-step procedure, see Starting a Business in China from the World Bank []
  68. For a concise explanation see PRC Taxes on Hong Kong & Foreign Companies: Clarifications, Changes, Challenges & Opportunities from Orrick, Herrington & Sutcliffe.  And while not exactly the same, there is a similar method of reducing tax liabilities used by numerous multinationals; see ‘Double Irish With a Dutch Sandwich’ from The New York Times and Google Revenues Sheltered in No-Tax Bermuda Soar to $10 Billion from Bloomberg []
  69. See In Reversal, Cash Leaks Out of China from The Wall Street Journal and The Mechanics of Moving Cash Out of China from The Wall Street Journal []
  70. According to Distimo, “Applications with Chinese as a language in the top 200 were responsible for the largest share of the free downloads in China at 73 percent. English was responsible for only 69 percent of the free downloads among the top 200 in China.” See App Distribution Becomes A Global Game: The Shift Of Power & Impact For Developers from Distimo []
  71. One Man, One Computer, 10 Million Students: How Khan Academy Is Reinventing Education from Forbes []
  72. ChinaCache Releases Third Quarter 2012 China Internet Connection Speed Rankings from China Web Report []
  73. For comparison, the average download bandwidth in the US is 11.6 Mb/s.  See International Broadband Data Report (Third) from the Federal Communications Commission []
  74. China’s ‘Wall’ Hits Business from The Wall Street Journal []
  75. To be balanced I should point out that there are several other competitors that offer online language learning services including TellMeMore and GlobalEnglish. []
  76. Tencent Eyes Growing Online Education Market in China from Caijing []
  77. China Investors: We Don’t Need No Edukation from The Wall Street Journal []
  78. Ibid []

Chapter 10 – Legal services

[Note: below is Chapter 10 from Great Wall of Numbers]

I have been more or less fortunate not to have any problems with government authorities at any level (yet).  However whenever you put a group of laowai (foreigners) into social setting you will eventually hear a story or two – sometimes embellished – about legal problems.  The one personal story that I have involves visa delays.  About two months into my most recent teaching position I received a notice from my HR director that my visa was being delayed by the PSB – Public Security Bureau (equivalent to the Immigration Services).  They wanted me to come in person for a face-to-face interview at a local police station with an officer.  My director said while this was unusual we could prepare for it and analyze what they may inquire about.  At around 2pm on a June weekday I went in and met a number of plain-clothes inspectors.  One handed me a worn book of immigration laws covering the sections I possibly had violated.  After a few questions and three hours of sitting next to their terminals, one of them – Zhang (not his real name) – approached me and after a brief exchange allowed me to leave without any recourse.

Fortunately the paperwork had been merely misplaced and nothing came of it.  But what should foreign firms and expats expect when starting a business?  Always be prepared.

There are several ways in which you can proactively protect both your physical assets and employees.  The first almost goes without saying: hire a legal advisor to analyze and asses any liabilities, risks and loop-holes in your contracts and business model.

For example, Dan Harris is an American attorney at Harris & Moure who frequently travels to China and publishes the popular ChinaLawBlog.  In an email exchange in October 2012, he noted “that the most common challenge for US service-oriented SMEs is getting paid. Chinese companies are reluctant and slow to pay for services. Most service companies do not have much IP [intellectual property] so that is not always a big issue for them. And thus I would have to say contracts is their biggest issue, which gets us back to getting paid.”

Dan and his co-blogger Steve Dickinson, who lives and works in China, have written a number of excellent overviews of contract law in China and about protecting your assets, your employees and even your IP.1

Why is professional advice such as theirs important?

Ten years ago when China’s Railway Ministry elicited bids for building a nation-wide high-speed network (called the CRH, HSR or 高速铁路), several foreign companies from France and Japan submitted bids.  As part of the deal to do business on the mainland, the Ministry required that foreign firms set up joint ventures (JV) with domestic suppliers and provide technology transfers to these firms.23 Japanese firms, unfamiliar with the nebulous legal framework in China, ultimately handed over their ‘best practices’ and engineering techniques to the JV.  Their Chinese partner (CSR, 中国南车集团) then quickly replicated and reverse-engineered the technology using domestically sourced parts and labor.  As a consequence the Japanese companies were edged out of the Chinese market by the very machinery they had originally designed.4

Another example is General Motors which, wanting to gain access to China’s car market (now the world’s largest), transferred and exchanged technology to their JV partner, SAIC.  While GM still operates in China (hitting a record 2.54 million in vehicle sales in 2011), they have found themselves between a rock and hard place with China’s new policy regarding electric cars.5 This policy mandates that foreign firms provide technology transfers to their JV partners in order to have access to the Chinese electric car market.6 Since foreign firms are holding out – not wanting to part with their trade secrets and proprietary information – Chinese firms now have a distinct advantage because the national government is offering nearly a 50% subsidy to consumers for each sale of an electric car in China.78

Let’s discuss this over dinner

As noted in Chapter 1, guanxi, or personal connections, can be a very tricky and hard to fully describe to those who have never lived or worked in China.  For example, compared with thirty years ago, contracts are relatively more ironclad in legal disputes – yet the “rule of law” today is not quite the same as it is in Western countries.  This presents a challenge to any firm wanting to do business in China and thus building guanxi, personal connections with suppliers and even buyers is sometimes just as important as the resources spent in drafting contracts, subpoenas and lawsuits.

While guanxi can work for you – you might land a deal with a mere handshake at a KTV (Chinese businessmen typically dine and sing in contrast to discussing business deals on golf courses in the West) – not having enough guanxi, or not having guanxi with the right people could prevent your company from exporting your goods to consumers outside of China.9

Can you just “grease some palms” and make things happen?  Over cocktails with other laowai it may be common to hear insinuations various businesses that used bribes to improve their guanxi.  I should point out that the Foreign Corrupt Practices Act (FCPA) and UK Bribery Act deals specifically with bribery.  To better understand this law and its enforcement, it is highly advised that you consult a lawyer because the FCPA is actively enforced and the penalties for violating it are quite stiff.  Furthermore, as I mentioned in the first story in Chapter 1, even if you know the right people and make the right connections this does not immediately translate into success.

Legal structures

If you do decide to operate a business in China, what legal structure will you use?  Should you try to start up a Wholly Foreign-Owned Enterprise (WFOE), Variable Interest Entity (VIE) or some other joint-venture structure?10 Stephen Dickinson, the Beijing-based American attorney above, has written a number of primers on what legal structures foreign businesses should and should not create.  Because of Chinese regulations that prevent foreign ownership of companies from being directly involved in “sensitive” areas of the economy (e.g., for national security reasons), one way to skirt such limitations was to set up a VIE.11 Yet due to new regulations issued last year, VIEs are no longer an option and the SEC itself is rumored to be investigating how they operate as well.12 While this was not particularly surprising to lawyers and serial entrepreneurs, it may have come as a surprise to the uninformed and those who failed to carry out thorough due diligence.

Similarly, during the summer of 2011 several shareholders of Yahoo were ‘surprised’ when the Alibaba Group (owner of Alibaba, Tmall and Taobao) transferred the ownership of Alipay.13 Alipay is an online payment method (similar to Paypal) that is currently the domestic marketshare leader, at 47%.14 According to Chinese law, online payment processing companies cannot be owned by foreigners, something that a VIE structure was considered as a means to get around.  What resulted was a high-profile, very vocal series of discussions that headlined the business press for several months between May to July of 2011.  The lesson here is that, as Dan Harris noted, this was not unprecedented.  His law firm “has been involved in probably a dozen similar matters.”15 So once again, talk to a legal advisor before you set up any kind of presence in China, even if it is as “simple” as a minority shareholder position.

What kind of opportunities are there for legal professionals?

I asked a couple of Chinese lawyers this question.  They both quickly noted that experienced practitioners can find a number of opportunities in areas such as FDI and M&A.  For example, in addition to Harris & Moure discussed above, King & Wood Mallesons is an international legal firm with offices in China that specializes in more than a dozen areas of law including, Import/Export Credit Facilities, M&A, FDI and PE deals.16 Their foreign expertise allows them to provide services like FDI that local firms – lacking in international experience – sometimes cannot fully provide.

Yet before getting on an airplane with your fresh JD and Bar certifications consider the following challenges.  In order to practice on the mainland you need to be licensed in China as well. That means you need to take the National Judicial Exam (国家司法考试) which means you not only need to be fluent in Chinese but because of sovereignty issues, at this time the only people legally eligible for sitting for the exam are citizens from the mainland plus Hong Kong, Macau and Taiwan.  For comparison, in the US, each state has its own residency and citizenship requirements.  Some such as California and New York currently allow foreign nationals to take their bar exams and set-up practices.17

A frequently asked question from friends overseas is if there are many licensed lawyers in China?  Yes.  In fact, according to their new 2012 White Paper on judicial reform, the State Council Information Office states that there are nearly 220,000 lawyers and 18,200 law firms in China (this is substantially higher than the 200 lawyers in 1980).1819 These same lawyers acted as counselors for 392,000 clients and handled 2.315 million litigation cases in 2011.

A legal professional I know in New York recently asked me if there is a work-around for this to provide paralegal services instead.  Perhaps, but you probably would not be able to access large portions of information that have restricted access.  For example, currently in China only licensed lawyers can look up internal business records (e.g., shareholder meeting minutes, the shareholders list, the composition of the board, the balance sheet and other related financial reports).  And there are conditions for even licensed lawyers to access this information.  Currently, the authority granted to lawyers must be justified by some “reasonable concerns.” Access is allowed only for the appropriate purposes – for example, if a shareholder wants to exercise his inspection right, his lawyer then could claim the right to see the company records on the shareholder’s behalf.20 Similarly, doing investment research on the mainland as a WFOE (Wholly Foreign Owned Entity) is not currently legal.21

In contrast, in the US just about anyone can look up the full company records of any public company.  In addition, the domestic legal profession on the mainland has run into a number of barriers that some have called a “clawback” relative to reforms implemented in the 1980s and 1990s.22 Thus the nebulous uncertainty and dynamism for legal professionals is something to consider before establishing a permanent physical presence on the mainland.

Explicit and implicit rules

While many expat companies will set up a Hong Kong office to reduce the tax burden and liability on incomes earned on the mainland (e.g., your workers are paid through the Hong Kong subsidiary and are thus taxed at the lower Hong Kong rates), many Chinese companies also have set up Hong Kong subsidiaries to reduce their tax burden.  For example, in the Chinese energy industry, several companies that manufacture hydrocarbon drilling equipment on the mainland will ship and sell (e.g., “export”) their physical products to a Hong Kong controlled subsidiary, and then re-import them.  In some cases they can reduce their taxes by up to 20%.23

According to Chinese law, the maximum amount of funds that any individual can move out is $50,000.  Thus how to repatriate your assets is another key issue.  The Wall Street Journal has published several reports this past year about the labyrinthine difficulties that both Chinese and foreigners face when attempting to move funds outside of China.24 While not explicitly encouraged, the Hong Kong legal system protects certain activities including money transfer agents who essentially move capital across the border.  It is highly recommend that you consult with an attorney or tax expert before attempting to do the “Hong Kong shuffle.”25 Failure to do so could result in being (temporarily) arrested, like Yan Suiling – who was accused of money laundering in China (because the process she used is illegal on the mainland) but was later acquitted (because the process she did it by was legal in Hong Kong).26

Another example of legal issues and lawful avoidance involves real-estate purchases.27 In an effort to “cool down” the property market, over the past several years larger cities like Beijing and Shanghai have implemented a number of regulations that place restrictions and “curbs” on individuals purchasing multiple homes.28 This move into multi-home ownership was done in part because strict capital controls prevent domestic savers from investing overseas.  As a consequence many savers have few places to park their assets.  Depending on the region, one of the areas where they can typically invest more freely is real-estate.  So in addition to suppressed (low) interest rates set by the central bank which have incentivized construction projects and capital consumption, many savers in the past decade have had few investment choices and thus have purchased, invested and speculated in real-estate markets.29 And due to a perceived “bubble” in the real-estate market, several cities subsequently enacted laws that make it increasing prohibitive to buy multiple homes (e.g., by increasing down payments from 20% to 50%).  In an attempt to legally circumvent this, some prospective home buyers will pool their resources together and purchase housing units in a “group buy” method (e.g., like GroupOn).

Takeaway:  While there are numerous opportunities to do business in China there are also a number of challenges, including legal uncertainties.  This includes the legality of contracts, movement of assets, protecting IP and lowering tax liabilities.  In addition there is a cultural practice called guanxi, or personal connections, which can directly impact many (if not all) business transactions on the mainland.  While there may be opportunities for experienced legal professionals to work in niches, before moving to the mainland it is highly recommended that you do your due diligence to find out what specific niches areas are in demand.  In addition, all proprietors are encouraged to speak with and perhaps hire a legal counsel that is proficiently versed in both the mainland legal system as well as the culture.  Failure to do so may result in being unable to protect your assets and possibly even forfeiting them as well as the market access that your firm had hoped to achieve.


Endnotes

  1. For their series on protecting your IP in China, see How To Protect Your IP from China from ChinaLawBlog []
  2. For their discussion on technology transfers and legal statutes in China see How To Handle Chinese Negotiating Tactics. Part Three. from ChinaLawBlog []
  3. For more regarding legal issues surrounding joint ventures on the mainland see, China Joint Ventures. Watching The Sausage Get Made. from ChinaLawBlog []
  4. See Japan Inc shoots itself in foot on bullet train from Financial Times and IPR fears won’t derail bullet train exports from China Daily []
  5. General Motors closest competitor is Volkswagen, who sold 2.81 million cars in 2012 but initiated one of the largest recalls beginning April 2, 2013.  See Volkswagen recalls over 384,000 cars in China: watchdog from Reuters []
  6. General Motors in China: Coping with the Changes in the Automobile Industry from ICMR []
  7. GM and SAIC join forces on electric cars from Financial Times []
  8. See Road Gets Bumpy for GM in China from The Wall Street Journal and GM and SAIC’s Open Marriage from China Bystander []
  9. There are endless amounts of anecdotes retold by colleagues and coworkers over the years.  One notable story involves a friend who wanted to buy natural and artificial hair in China and ship it to the US targeted specifically for African hair salons for use as braiding.  She spent several hundred hours traveling across Shandong, filing the necessary paperwork, building guanxi, buying hair samples and contacting US hair salons.  Yet due to the thin margins, legal fees related to permits, import & export duties on both sides of the Pacific and transportation costs, her business plan would prove to be unprofitable.  Thus collecting all of the necessary requirements and doing due diligence is highly recommended before investing any significant capital into an overseas endeavor. []
  10. For a step-by-step guide on forming an WFOE see China’s Approval Process for Inboud Foreign Direct Investement from the US Chamber of Commerce.  See also Forming A China WFOE. How Long Will That Be Going On? from China Law Blog and Selling In And Into China. Four Good Tips And Mine. from China Law Blog []
  11. VIEs In China. The End Of A Flawed Strategy. From ChinaLawBlog []
  12. Variable interest entities in China from China Accounting Blog []
  13. Yahoo gets short end of stick in Alibaba deal from Reuters []
  14. According to Analysys research and consulting, as of Q2 2012, Alipay leads with 47.3%.  This is up from 46.9% in Q4 2011.  See Alipay Lead China 3rd Party Internet Payment Market 2011Q4 from Analysys []
  15. Yahoo/Alibaba/Alipay/Jack Ma/Carol Bratz: What Really Happened And What It All Means. from ChinaLawBlog []
  16. See Harris & Moure and King & Wood Mallesons []
  17. See Chart 4 on p. 14 in Comprehensive Guide to Bar Admission Requirements 2012 from National Conference of Bar Examiners []
  18. See p.5 in Judicial Reform in China from the State Council Information Office []
  19. China has 220,000 lawyers from China Daily []
  20. There are other requirements as to the eligibility of the shareholder for claiming the inspection right as well.  In addition, the restrictions on this and on accessing full company records will vary city by city. []
  21. On Doing Investment Research In China As A WFOE. Not Legal. from ChinaLawBlog []
  22. China’s Turn Against Law by Carl F. Minzner []
  23. In some ways this is similar to retailers in Western countries that practice “rolling inventory” at the end of the year.  Speak with a legal professional before conducting this type of transaction. []
  24. In Reversal, Cash Leaks Out of China from The Wall Street Journal []
  25. This issue was directly discussed in Getting Money Out Of China. That’s Illegal. from ChinaLawBlog []
  26. The Mechanics of Moving Cash Out of China from The Wall Street Journal []
  27. Another area that may change in the near future is capital gains tax on returns for private equity firms investing in China.  See Tax Experts: China May Crack Down on Capital Gains from The Wall Street Journal []
  28. Property curbs to stay from Global Times []
  29. One of the reasons this rate incentivizes real-estate speculation is that the interested earned at a bank is usually lower than CPI or inflation.  Thus merely placing funds into a savings account will actually net a loss once adjusted for inflation.  Readers may also be interested in the analysis from Michael Pettis, a finance professor at Peking University and Patrick Chovanec, a finance professor at Tsinghua University as well as Animal Spirits with Chinese Characteristics by Mark DeWeaver. []