Crypto Founders Turn to Geofencing as US Regulatory Uncertainty Grows

• Crypto firms are increasingly using geofencing to block US users due to regulatory uncertainty and compliance challenges.
• Major platforms like Binance and Eigenlayer have adopted geofencing to prevent US access, while some block VPN use as an additional measure.
• Geofencing is costly, complex, and may limit market growth, though it helps crypto companies navigate legal and compliance challenges in the US.

Crypto companies are increasingly adopting geofencing strategies to navigate tightening US regulations. This move comes as regulatory uncertainty in the United States forces many firms to block access to their platforms for users within specific geographic locations. 

Geofencing, a method that restricts users in certain jurisdictions, is emerging as a compliance tool. Companies are using this method to avoid regulatory hurdles in the US, a market known for its stringent requirements.

Geofencing Gains Traction as a Compliance Strategy

Jake Chervinsky, Variant Fund’s chief legal officer, recently highlighted the rise of geofencing in the crypto industry. In a post on X (formerly Twitter), Chervinsky described geofencing as an “extreme solution” to regulatory uncertainty in the United States. 

1/ As U.S. regulators continue their war on crypto, many founders are thinking about geofencing as a compliance strategy.

It can work, but only if it's done right.

That’s why @dbarabander and I wrote this Practical Guide to Geofencing:https://t.co/utoNy8fRDU

— Jake Chervinsky (@jchervinsky) September 30, 2024

Furthermore, he noted that many crypto founders view geofencing as a last resort to remain compliant with US laws. By blocking users in countries with strict compliance requirements, such as the United States, firms can avoid the complexities of meeting disclosure and KYC (Know Your Customer) obligations.

Moreover, Chervinsky explained that geofencing creates a virtual boundary around certain regions, preventing users within those areas from accessing specific services. While this method helps companies avoid legal complications, it also shuts out a significant portion of the global market. Consequently, crypto firms may face limitations in their potential growth, particularly in regions with higher demand for digital assets.

Global Crypto Companies Follow Suit

Notably, several crypto platforms have already implemented geofencing to ensure compliance with US regulations. Binance, the world’s largest cryptocurrency exchange, blocks users in the United States from accessing its services. 

Similarly, decentralized finance (DeFi) protocols like Sky and Eigenlayer have blocked US users from interacting with their platforms. Eigenlayer, for instance, restricted users from 30 countries, including the US, Canada, China, and Russia, during an airdrop earlier this year. 

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Moreover, some platforms have taken the additional step of blocking VPN access to prevent US users from circumventing the geofences. Sky faced criticism after blocking VPNs in its Spark Protocol, limiting access not just for US users but for anyone using a VPN. This move highlights the extent to which companies are willing to go to ensure compliance.

The Challenges of Geofencing for Crypto Companies

However, while geofencing offers a clear path for crypto firms to comply with US regulations, it presents several challenges. Implementing geofencing is both costly and complex. 

Hence, firms need to use advanced geolocation data to accurately identify users in restricted regions. This often involves tracking IP addresses, GPS data, and other user information to ensure that individuals in geofenced areas cannot access the platform. Furthermore, firms must continuously monitor VPNs and other tools that users may employ to bypass these restrictions.

GeoComply, a compliance solutions provider, recently emphasized the importance of tailored geofences in expanding into new markets while maintaining regulatory compliance. However, as companies shift resources to avoid US regulations, they may risk alienating a key market. Although geofencing helps firms navigate legal challenges, it remains an extreme measure that could reshape the crypto landscape.

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