83_FR_18089 83 FR 18009 - Request for Input on LabCFTC Prize Competitions

83 FR 18009 - Request for Input on LabCFTC Prize Competitions

COMMODITY FUTURES TRADING COMMISSION

Federal Register Volume 83, Issue 80 (April 25, 2018)

Page Range18009-18013
FR Document2018-08673

In May 2017, the Commodity Futures Trading Commission (``Commission'' or ``CFTC'') launched a new initiative, LabCFTC, to spearhead the CFTC's effort to facilitate the development and implementation of market-enhancing financial technologies (``FinTech''). As part of that effort, CFTC staff are exploring opportunities to play a constructive role to stimulate innovation and leverage FinTech solutions that can enhance our regulated markets and help make the Commission more effective and efficient in satisfying its mission. The Science Prize Competition Act (``SPCA'') authorizes the CFTC to invest federal funds in science and early-stage technology research and development as well as in science, technology, engineering, and mathematics education. Under this authority, the CFTC may implement a competition and award prizes to stimulate innovation designed to advance the CFTC's mission. Accordingly, the Science Prize Competition Act may offer a useful mechanism to further the goals of LabCFTC and the CFTC's mission. This Request for Input solicits feedback on focus areas for potential prize competitions, and how competitions could best be structured and administered. The Commission welcomes all public comments.

Federal Register, Volume 83 Issue 80 (Wednesday, April 25, 2018)
[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Notices]
[Pages 18009-18013]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08673]



[[Page 18009]]

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COMMODITY FUTURES TRADING COMMISSION


Request for Input on LabCFTC Prize Competitions

AGENCY: Commodity Futures Trading Commission.

ACTION: Request for input.

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SUMMARY: In May 2017, the Commodity Futures Trading Commission 
(``Commission'' or ``CFTC'') launched a new initiative, LabCFTC, to 
spearhead the CFTC's effort to facilitate the development and 
implementation of market-enhancing financial technologies 
(``FinTech''). As part of that effort, CFTC staff are exploring 
opportunities to play a constructive role to stimulate innovation and 
leverage FinTech solutions that can enhance our regulated markets and 
help make the Commission more effective and efficient in satisfying its 
mission. The Science Prize Competition Act (``SPCA'') authorizes the 
CFTC to invest federal funds in science and early-stage technology 
research and development as well as in science, technology, 
engineering, and mathematics education. Under this authority, the CFTC 
may implement a competition and award prizes to stimulate innovation 
designed to advance the CFTC's mission. Accordingly, the Science Prize 
Competition Act may offer a useful mechanism to further the goals of 
LabCFTC and the CFTC's mission. This Request for Input solicits 
feedback on focus areas for potential prize competitions, and how 
competitions could best be structured and administered. The Commission 
welcomes all public comments.

DATES: Comments must be received on or before July 24, 2018.

ADDRESSES: You may submit comments, identified by the title, ``LabCFTC 
Prize RFI,'' by any of the following methods:
     CFTC Website: https://comments.cftc.gov. Follow the 
instructions to Submit Comments through the website.
     Mail: Send to Christopher Kirkpatrick, Secretary of the 
Commission, Commodity Futures Trading Commission, Three Lafayette 
Centre, 1155 21st Street NW, Washington, DC 20581.
     Hand Delivery/Courier: Same as Mail, above.
    Please submit comments by only one of these methods.
    All comments should be submitted in English or accompanied by an 
English translation. Comments will be posted as received to 
www.cftc.gov. You should submit only information that you wish to make 
available publicly. If you wish the Commission to consider information 
that may be exempt from disclosure under the Freedom of Information Act 
(``FOIA''), a petition for confidential treatment of the exempt 
information may be submitted according to the procedures established in 
the Commission's regulations at 17 CFR 145.9.\1\ The Commission 
reserves the right, but shall have no obligation, to review, prescreen, 
filter, redact, refuse, or remove any or all of your submission from 
www.cftc.gov that it may deem to be inappropriate for publication, such 
as obscene language. All submissions that have been redacted or removed 
that contain comments on the merits of the Request for Information will 
be retained in the public comment file and will be considered as 
required under the Administrative Procedure Act and other applicable 
laws, and may be accessible under the FOIA.
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    \1\ 17 CFR 145.9. All Commission regulations cited herein are 
set forth in chapter I of Title 17 of the Code of Federal 
Regulations.

FOR FURTHER INFORMATION CONTACT: Daniel Gorfine, Director of LabCFTC 
and Chief Innovation Officer, (202) 418-5625; Brian Trackman, Counsel 
on FinTech and Innovation, Office of General Counsel, (202) 418-5163; 
Jorge Herrada, Senior Technical Data Specialist, Office of Data and 
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Technology, (202) 418-5346; or [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

A. LabCFTC

    In May 2017, the CFTC launched the LabCFTC initiative to further 
the CFTC's goal of evolving as a 21st century regulator and keeping 
pace with technological innovation. LabCFTC is dedicated to 
understanding and facilitating market-enhancing financial technology 
(``FinTech'') innovation, promoting fair market competition, and 
ensuring proactive regulatory excellence. LabCFTC is designed to make 
the CFTC more accessible to FinTech and regulatory technology 
(``RegTech'') innovators, and to inform the Commission's understanding 
of emerging technologies and their regulatory implications.
    Further to that effort, LabCFTC seeks to spur innovation and 
innovative applications of FinTech through prize competitions as 
described further below. By focusing attention on aspects of CFTC 
operations or regulated markets that could benefit from FinTech and 
actively encouraging development of innovative solutions, LabCFTC can 
act as a catalyst to drive progress.

B. FinTech and RegTech Opportunity

    Technology-driven innovation is rapidly transforming the markets 
CFTC oversees, and the way market participants operate and interact. 
Examples include automated trading, which now constitutes up to 70 
percent of trading on regulated futures markets,\2\ ``big data'' 
capability to enable more sophisticated data analysis and 
interpretation,\3\ machine learning and artificial intelligence to 
guide highly dynamic trade execution,\4\ ``smart'' contracts that value 
themselves and calculate payments in real-time,\5\ behavioral 
biometrics that can detect and combat online fraud,\6\ and blockchain 
and distributed ledger technologies.\7\ Shared ledger systems,

[[Page 18010]]

which hold promise in increasing operational efficiencies (e.g., 
identity confirmation, KYC/AML compliance, and trade lifecycle 
management), may also help facilitate real-time, standardized, and 
lower-cost regulatory reporting, which benefits both market 
stakeholders and CFTC. Application of self-executing machine logic, 
often called ``smart contracts'' could result in the potential decrease 
of execution risks, more efficient use of trade-related margin and 
collateral, and the incorporation of automated regulatory compliance 
provisions into the contract code.
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    \2\ J. Christopher Giancarlo, Chairman, Commodity Futures 
Trading Commission ``Remarks at the Singapore FinTech Festival,'' 
November 15, 2017 (citing a March 2015 report of the CFTC's Office 
of the Chief Economist ``Automated Trading in Futures Markets'' that 
reviewed over 1.5 billion transactions across over 800 products on 
the Chicago Mercantile Exchange over a two-year period, available at 
http://www.cftc.gov/idc/groups/public/@economicanalysis/documents/file/oce_automatedtrading.pdf). See also McKinsey & Company and 
Greenwich Associates study reprinted in Bank for International 
Settlements, Markets Committee, Electronic Trading in Fixed Income 
Markets, January 2016, http://www.bis.org/publ/mktc07.pdf.
    \3\ Trevir Nath, ``How Big Data Has Changed Finance,'' 
Investopedia, April 9, 2015, http://www.investopedia.com/articles/active-trading/040915/how-big-data-has-changed-finance.asp; Central 
Banking Focus Report, Big Data in Central Banks, Central Banking 
Journal, November 13 2017, https://www.centralbanking.com/content-hub/big-data-in-central-banks-focus-report-2017-3315066; Ciara 
O'Brien, Irish Firm Siren raises 3m in funding for data 
investigation technology, The Irish Times, February 8 2018, https://www.irishtimes.com/business/technology/irish-firm-siren-raises-3m-in-funding-for-data-investigation-technology-1.3383335; Andrew 
Zolli, ``After Big Data: The Coming Age of `Big Indicators'''; 
Stanford Social Innovation Review, January 22, 2018, https://ssir.org/articles/entry/after_big_data_the_coming_age_of_big_indicators.
    \4\ Tom Upchurch, ``Technology: AI and the Spectre of 
Automation,'' Euromoney, August 2016, http://www.euromoney.com/Article/3575461/Technology-AI-and-the-spectre-of-automation.html.
    \5\ Nigel Farmer, ``Making Contracts Smarter,'' TabbForum, May 
3, 2016, http://tabbforum.com/opinions/making-contracts-smarter?print_preview=true&single=true&ticket=ST-14742885819637-OxE2RQ6CSK3LXd6HsvaWwJ8v3ewjlyh208guDvuC; Jay Cassano, What Are 
Smart Contracts? Cryptocurrency's Killer App, Fast Company, 
September 17, 2014, https://www.fastcompany.com/3035723/app-economy/smart-contracts-could-be-cryptocurrencys-killer-app.
    \6\ Anna Irrera, Experian enlists behavioral biometrics startup 
to combat fraudsters, Reuters, April 7, 2017, http://www.reuters.com/article/us-experian-fraud-idUSKBN1792XT.
    \7\ Oscar Williams-Grut, WEF: Blockchain Will Become the 
`Beating Heart' of Finance, Business Insider, August 12, 2016, 
http://www.businessinsider.com/world-economic-forum-potential-of-blockchain-in-financial-services-2016-8; see generally William 
Mougayar, The Business Blockchain: Promise, Practice, and 
Application of the Next internet Technology (Wiley 2016).
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    For market participants, new technologies can improve operational 
efficiencies, create better workflows, increase transparency, and 
strengthen compliance. Indeed, emerging financial technologies ranging 
from blockchain to machine learning to predictive data analytics are 
already changing the way financial markets operate. And, importantly, 
for regulators too, including the CFTC, RegTech can help drive more 
effective and efficient internal operations, as well as surveillance 
and oversight of regulated markets.\8\
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    \8\ Remarks of J. Christopher Giancarlo at the Singapore FinTech 
Festival, May 17, 2017, http://www.cftc.gov/PressRoom/SpeechesTestimony/opagiancarlo32.
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C. Science Prize Competition Act \9\
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    \9\ Section 401 of the American Innovation and Competitiveness 
Act, Public Law 114-329 updated previous authority to sponsor prize 
competitions under the Stevenson-Wydler Technology Innovation Act of 
1980 (15 U.S.C. 3719), subsequently known as the America Competes 
Act, and renamed the law to be ``Science Prize Competition Act.''
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    The SPCA authorizes the Chairman of the CFTC to carry out a program 
to award prizes competitively to stimulate innovation that has the 
potential to advance the mission of the agency.\10\ Generally, the 
subject of the prize competition, eligibility rules to participate, 
registration process, conduct of the competition, prize, and winner 
selection criteria must be published in advance.\11\ Notice must be 
given on a publicly available Government website such as 
challenge.gov.\12\ The head of an agency is required to advertise a 
prize competition widely to encourage broad participation.\13\
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    \10\ See 15 U.S.C. 3719(b).
    \11\ See 15 U.S.C. 3719(f).
    \12\ See id.
    \13\ See 15 U.S.C. 3719(e).
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    A competition may have a cash prize purse or a non-cash prize 
award.\14\ To win a cash award, an individual or entity must comply 
with the competition requirements and be U.S.-based.\15\ Individuals 
must be U.S. citizens or a permanent resident of the U.S.\16\ Private 
entities must be incorporated in and maintain a primary place of 
business in the U.S.\17\ While eligibility to win cash awards is 
limited to individuals and entities that are U.S. based, as described 
above, there is no limitation on participation in a competition or 
eligibility to win a non-cash prize award.
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    \14\ See 15 U.S.C. 3719(f)(4). To the extent a competition 
includes a cash prize, the competition may not commence until the 
funds to pay out the amount have been appropriated or committed in 
writing. See 15 U.S.C. 3719(m)(3)(A). The amount of a cash prize 
purse, if offered, is up to the sponsoring agency; there is no 
specific amount required.
    \15\ See 15 U.S.C. 3719(g).
    \16\ See 15 U.S.C. 3719(g)(3).
    \17\ See id. Awards may not be won by federal entities or 
employees acting within the scope of their employment. See 15 U.S.C. 
3719(g)(4).
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    The SPCA includes guidelines concerning liability and 
insurance,\18\ intellectual property rights,\19\ prize competition 
judges,\20\ administering the competition,\21\ and funding.\22\ 
Competitions under the SPCA are not intended to be a substitute for the 
standard procurement process. Rather, they are aimed at developing 
solutions to challenges where the solution is not yet well-defined or 
developed.
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    \18\ See 15 U.S.C. 3719(i).
    \19\ See 15 U.S.C. 3719(j).
    \20\ See 15 U.S.C. 3719(k). Judges may come from within or 
outside the federal government, including the private sector. 15 
U.S.C. 3719(k)(1). A judge may not have personal or financial 
interests in, or be an employee, officer, director, or agent of any 
entity that is a registered participant in a competition, or have a 
familial or financial relationship with an individual who is a 
registered participant. 15 U.S.C. 3719(k)(2). Also, any committee, 
board, commission, panel, task force, or similar entity, created 
solely for the purpose of judging prize competitions is exempted 
from the Federal Advisory Committee Act (5 U.S.C. App.) under 15 
U.S.C. 3719(k)(4).
    \21\ See 15 U.S.C. 3719(l).
    \22\ See 15 U.S.C. 3719(m).
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    Beyond the basic requirements specified in the SPCA, the Commission 
has a great deal of flexibility in defining and structuring a 
competition.\23\ For example, the competition could be scheduled for a 
day or two, or instead extend over several weeks. The competition may 
have one single prize, or interim stages of selection. The competition 
need not be run in the CFTC's IT environment. Participants could create 
their submissions in their own environments. Participant submissions in 
prize competitions could be designated fully public or kept 
confidential, in whole or part. And the Commission is free to determine 
the prize, whether to offer a cash prize purse or non-cash prize award. 
In that regard, the Commission notes that it does not, at this time, 
anticipate offering a cash purse prize.
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    \23\ The Commission notes that it does not currently anticipate 
that a competition would involve the use or release of any 
confidential regulatory or market oversight data. To the extent such 
types of data might be relevant to a competition, the participants 
would likely use either alternate, publicly available data sets, 
fully anonymized, aggregated data, or substitute data.
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II. Request for Input

    The Commission believes that science prize competitions offer an 
exciting opportunity to encourage and spotlight innovation that can 
benefit the quality, transparency, and integrity of our markets, the 
market participants who depend on them, the operations and activities 
of the CFTC, and broader American public. The Commission has begun 
considering potential competition topics and potential ways to 
structure competitions under the auspices of its LabCFTC initiative. 
The SPCA encourages broad consultation in and outside of government 
when selecting topics.\24\ Accordingly, to develop its ideas further 
and help ensure that competitions achieve their objective of 
facilitating market-enhancing innovation, the Commission is issuing 
this Request for Input to gather feedback on potential competition 
topics as well as on the structure and administration of its prize 
competitions, i.e., what approach would be most effective. The 
Commission welcomes any comments, including potential competition 
topics not discussed here or any other element that a commenter 
believes should be considered.
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    \24\ See 15 U.S.C. 3719(d) (``In selecting topics for prize 
competitions, the head of an agency shall consult widely both within 
and outside the Federal Government, and may empanel advisory 
committees.'').
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A. Potential Prize Competition Topics

    FinTech is rapidly evolving, and there are many areas where 
innovation and technology have the potential for significant impact. 
Accordingly, because the scope of FinTech is so broad, the range of 
potential FinTech prize competitions is expansive. The Commission would 
like to identify specific challenges and use cases where a prize 
competition is especially suited to spur the creation and demonstration 
of innovative solutions. Ideally, a prize competition would both 
highlight how new technology can benefit the CFTC as well as the 
derivatives markets we oversee, and also lead to actionable next

[[Page 18011]]

steps, which could include further use case development, additional 
research or investment, proofs of concept, and implementation.
    The Commission has given some preliminary consideration to several 
topics, described below, that may satisfy its stated objectives. These 
examples are just that: examples. There are many other potential areas 
where a prize competition or series of competitions under the SPCA 
might advance the development of beneficial solutions, which could 
improve market participants' ability to serve the needs of clients, 
enable the CFTC to better fulfill its mission, or enhance the overall 
quality and integrity of our markets. Therefore, in addition to 
feedback on any of the potential competition topics described below, 
the Commission would appreciate suggestions for additional competition 
topics.
    The Commission emphasizes that, as noted, this Request for Input is 
meant to stimulate thinking about potential prize competitions. The 
Commission is not endorsing any particular topic, nor is the Commission 
committing to pursue a prize competition or engage in follow-on 
procurement to implement specific solutions.
(1) Transaction, Position, and Margin Data and Analysis
    Several potential topics relate to challenges around market data: 
transaction reporting by market participants, data dissemination by the 
CFTC, data management and analysis, and data cleansing and 
harmonization. In each case, innovation driven by new technology has 
the potential greatly to improve current processes and ``output,'' 
enabling both market participants and regulators to engage with data 
more effectively.
    For example, standardization of forms and processes, simplified 
reporting mechanisms, shared, comprehensive data ontologies, and new 
modes of reporting all offer the potential to greatly enhance the 
accessibility, quality, and utility of market data that is reported to, 
and disseminated by, the CFTC. Disseminating data reports in machine 
readable format, new techniques in data visualization or new ways of 
combining data streams could help make sense of market activity, 
educate the public on the role of derivatives markets in the broader 
economy, identify opportunity and risks, and improve the overall 
quality of our markets. Likewise with respect to data management,\25\ 
cleansing,\26\ and analysis, new technology could help the agency and 
stakeholders make good use of available market data to gain insight 
about market interactions, risk flows, and aggregate exposures. A prize 
competition in any of these areas could thus be useful.
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    \25\ Data management is a broad discipline that defines and 
governs how an organization makes use of data. It includes such 
areas as data governance, data architecture, data security 
management, data quality, reference and master data, meta data, and 
data transformation.
    \26\ Data cleansing is vital to making use of data resources. It 
refers to the process of preparing data for analysis. The CFTC 
handles numerous data sets that range in complexity. In many cases, 
the utility of the dataset is reduced because the quality of the 
data is imperfect. Entries in fields may not be consistent in form 
or format. Data requirements may be interpreted differently by 
different respondents (or even within different divisions of the 
same firm), resulting in different types of entries. Data elements 
may be entered improperly or inadvertently omitted. Manual data 
cleansing, however, cannot scale.
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(2) Enhancing Market Transparency and Oversight
    FinTech innovation may enhance market transparency and oversight in 
a number of ways. Already, the Internet of Things (IoT) is making new 
kinds of information available that may be relevant to pricing 
derivatives and assessing market risks. A prize competition could 
address, for example, how FinTech can be deployed in the derivatives 
markets to detect behavior or information that may assist the 
Commission in detecting fraud or abuse.
    A more ambitious competition topic could address leveraging FinTech 
innovation to enhance the availability of accurate, timely 
transactional data, including trade prices. Commentators have noted 
that new technologies have the potential to improve market transparency 
and oversight at a lower cost.\27\
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    \27\ See, e.g., Dong He et al. IMF Staff Discussion Note, 
Fintech and Financial Services: Initial Considerations (June 2017), 
http://www.imf.org/~/media/files/publications/sdn/2017/sdn1705.ashx; 
``Capital Markets: innovation and the FinTech landscape,'' Report of 
Innovate Finance and EY (2016), http://www.ey.com/Publication/
vwLUAssets/EY-capital-markets-innovation-and-the-finTech-landscape/
$FILE/EY-capital-markets-innovation-and-the-fintech-landscape.pdf; 
Jo Ann Barefoot, ``Reglabs: Time for a major regulatory 
experiment?'' July 13, 2017, http://www.bankingexchange.com/blogs-3/unconventional-wisdom/item/6940-reglabs-time-for-a-major-regulatory-experiment (``Today's technology is creating a possibility that has 
never before existed--the opportunity to improve the public policy 
results of financial regulation, and reduce the costs of achieving 
them, at the same time.'').
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(3) Systemic Risk Analysis
    The Commission believes it is critical to its core function to 
successfully monitor and prevent the build-up of systematic risk.\28\ 
New technologies can help the Commission discharge this vital 
responsibility by providing new ways to track and assess risk. Using 
distributed ledgers, Cloud-based storage, machine learning, and other 
new technologies could enable new methods for conducting stress tests, 
for example, and gauging the impact(s) of unforeseen events on the 
financial system as a whole.
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    \28\ Excessive systemic risk is understood to have been a 
significant contributing factor to the financial crisis. See, e.g., 
Ian Goldin and Chris Kutarna, ``Risk and Complexity,'' Finance and 
Development September 2017, http://www.imf.org/external/pubs/ft/fandd/2017/09/pdf/goldin.pdf; Chairman Ben S. Bernanke, ``Causes of 
the Recent Financial and Economic Crisis,'' Testimony Before the 
Financial Crisis Inquiry Commission, Washington DC, September 2, 
2010, https://www.federalreserve.gov/newsevents/testimony/bernanke20100902a.htm.
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(4) Improving the Accessibility of CFTC Regulations
    A longstanding critique of regulatory frameworks is their 
complexity. Over time, as regulations continue to evolve, rulesets tend 
to become more intricate. Updates may be difficult to track and 
engender unintended consequences. For regulated entities this presents 
a tremendous compliance challenge. Each entity must know which rules 
apply to it, understand what those rules require, structure an 
appropriate compliance program, and keep the program up to date. These 
challenges may be even more significant for relatively young or lean 
entities looking to scale their activities in an increasingly fast-
moving market. For other market participants, regulators, and the 
public more broadly, complex regulations can obscure straightforward 
regulatory goals and impede meaningful review of the overall regulatory 
framework.
    The Commission believes that technology may offer meaningful 
opportunities to make the regulatory framework more accessible, reduce 
burdens and enhance overall compliance.\29\ There are a variety of 
potential approaches, including:
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    \29\ Other regulatory authorities are already exploring these 
possibilities. For example, the UK Financial Conduct Authority 
hosted an event where participants demonstrated technology to link 
regulatory obligations to internal policies in a cost effective, 
automated and auditable fashion. See Yaa Asare, ``JWG and 
ClauseMatch Launch Next Generation Regulatory Policy Management 
Solution,'' https://regtechfs.com/jwg-and-clausematch-launch-next-generation-regulatory-policy-management-solution/.
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     Coding rules to make them machine readable,
     Creating common ontologies to make rules more 
understandable and

[[Page 18012]]

highlight where rules may be inconsistent or diverge,
     Creating visual, interactive representations of the 
regulatory framework, that enable linking of related rules and mapping 
of regulatory requirements to specific function, teams and individuals 
within a regulated entity, and
     Developing machines that ``digest'' rules to determine 
data and other requirements, as well as ideal compliance approaches for 
specific entities.
(5) Strengthening CFTC's Administrative Process
    Technology-based solutions geared to address regulation, regulatory 
process, and the day-to-day operations of market regulators present the 
CFTC a meaningful opportunity to leverage innovative FinTech directly. 
For example, as a market regulator the CFTC's rulemaking process is of 
vital importance. A key element of that process is the opportunity for 
public comment. But when the CFTC puts out a rule proposal, the agency 
may receive hundreds, sometime thousands, of comment letters. While the 
Commission currently uses some technology solutions, the review process 
remains labor intensive and could benefit from automation. How can 
innovative technology make the notice-and-comment process ``smarter,'' 
more dynamic, and more effective?

B. Administration of Prize Competitions

    In addition to comment on potential competition topics, the 
Commission also seeks public input on the administration of any prize 
competition. The SPCA provides significant flexibility to agencies in 
how a prize competition is conducted. The Commission wishes to 
structure prize competitions to attract broad interest, to be fair to 
all participants, and to encourage market-enhancing innovation. 
Broadly, the Commission is interested in how these goals can best be 
accomplished through a prize competition. We are particularly 
interested in the following areas:
(1) Eligibility
    The SPCA requires that prize competition winners be, in the case of 
entities, U.S. based or, in the case of individuals, U.S. citizens. The 
Commission seeks input on what additional requirements, if any, should 
govern participation in a CFTC-sponsored FinTech prize competition.
(2) Format
    Prize competitions may take many forms. Hackathons, for example, 
may take place over a short period: one or perhaps a few days.\30\ 
During that time, competitors come together to create and submit a 
solution that meets the challenge presented. By contrast, a FinTech 
prize competition could be structured to permit competitors to work at 
their own pace over a longer period, and then submit their solution by 
a stated deadline. In the case of a CFTC-sponsored FinTech prize 
competition, the Commission seeks public input on what format may be 
most suitable.
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    \30\ Generally, a hackathon is an event typically of short 
duration at which participants engage in collaborative computer 
programming, often to address a coding challenge or to develop a 
solution to an identified problem. Federal agencies such as the 
Department of Health and Human Services have sponsored successful 
hackathons, for example, the HHS Opioid Code-a-Thon in December 
2017, https://www.challenge.gov/challenge/hhs-opioid-code-a-thon/.
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(3) Conditions of Participation
    The Commission is considering what, if any, conditions of 
participation it should impose around a potential prize competition.
(4) Advertising
    The Commission is interested in reaching the widest range of 
potential participants that it can in regard to CFTC-sponsored FinTech 
prize competitions.
(5) Evaluation Standards
    Once entries are submitted as part of a competition, they must be 
reviewed and evaluated to determine a prize winner. The Commission 
seeks public input on the evaluation process and appropriate standards 
of evaluation (e.g., how easily might a proposed solution be scaled, 
how robust is a proposed solution, how resilient, how adaptable to 
market changes or changes to the regulatory framework, etc.).
(6) Judges
    As part of a prize competition, judges must be selected to evaluate 
entries and select the winner(s). The Commission seeks input on the 
judge selection process and the appropriate mix of judges from among 
various stakeholder groups: financial market participants, commercial 
end-users, researchers and academics, FinTech innovators, specialists 
and experts (e.g., data scientists, technologists, etc.), financial and 
technology press, government officials, CFTC staff, and members of the 
general public.
(7) Prize
    The Commission seeks feedback on the selection of a suitable prize. 
For example, the Commission could offer a ``CFTC Market Innovator of 
the Year'' award to recognize select competition participants. 
Generally, the Commission seeks input on what type of prize may best 
encourage meaningful participation that results in real-world solutions 
relevant to the competition topic. As noted, the Commission does not at 
this time anticipate providing a cash purse, but notes that under the 
SPCA, an agency may partner with outside entities which may sponsor 
cash awards.\31\
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    \31\ See 15 U.S.C. 3719(m).
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Specific Questions for Input

    As noted, the Commission seeks feedback on candidate prize 
competition topics and on the administration of a prize competition. 
The Commission's broad goal is to stimulate thinking and highlight 
efforts to apply new technology in ways that may enhance our markets. 
In addition to any general input, the Commission is interested in 
responses to the following:
    Regarding prize competition topic selection:
    1. Are there subject matter areas or specific topics that the 
Commission should particularly consider or focus on for a potential 
prize competition?
    [ssquf] In each case, what is the relevant challenge to be 
addressed?
    [ssquf] In what ways can FinTech innovation potentially address 
this challenge?
    [ssquf] How would a prize competition spur development, interest, 
or broader adoption? Please be specific as possible or provide examples 
where appropriate.
    2. What criteria should the Commission use to select prize 
competition topics?
    3. Are there subject matter areas or specific topics that are not 
suitable for a prize competition? Please be specific as possible or 
provide examples where appropriate.
    4. What competition topics may help illuminate areas where new 
technology can reduce costs or improve services for market participants 
and end-users who depend on these markets to manage risk?
    5. What competition topics may highlight areas where the regulatory 
framework could work better or needs significant revision to 
accommodate market-enhancing FinTech?
    6. Which existing regulatory compliance or regulatory reporting 
processes do you feel would most

[[Page 18013]]

benefit from RegTech? Please be specific as possible or provide 
examples where appropriate.
    Regarding administration of a prize competition:
    7. What ground rules should govern participation in a CFTC-
sponsored FinTech prize competition?
    [ssquf] For example, are there particular eligibility requirements 
that the agency should adopt?
    [ssquf] Should competition entries be designated ``open source,'' 
or should each participant retain full control of its entry and any 
decision about its availability?
    [ssquf] Should any different rules apply to winning entries?
    8. How should prize competition judges be selected?
    [ssquf] Should the Commission select a single judge or panel to 
evaluate prize competition submissions?
    [ssquf] If a panel, how large?
    [ssquf] And what is the appropriate mix of stakeholders?
    [ssquf] What additional requirements, if any, should apply to 
judges?
    9. What general evaluation standards or criteria may be appropriate 
in the context of a CFTC-sponsored FinTech prize competition? Regarding 
the evaluation process, are there models or protocols that the 
Commission might adapt with regard to prize competitions it sponsors?
    10. What type of prize is likely to encourage the greatest 
participation from a broad range of innovators? What factors should the 
Commission consider? If the prize is other than a cash purse, what type 
of prize may be suitable?
    11. Generally, are there any rules, policies, or practices that the 
Commission should adopt to facilitate a prize competition or encourage 
participation? For example, what modes of advertising and publicity may 
be most effective? And, likewise, are there any rules, policies, or 
practices that could impede participation in a prize completion?
    In providing your responses, please be as specific as possible, and 
offer examples where appropriate. The Commission encourages all 
relevant comments; commenters need not address every item.

III. Conclusion

    The Commission appreciates your time and effort responding to this 
Request for Input on potential CFTC-sponsored FinTech prize 
competitions. The information provided by stakeholders will help us 
refine our understanding and future approach, and identify how the 
Commission can best structure prize competitions to maximize their 
positive impact.
    More broadly, the input from this request will further aid the 
Commission in identifying FinTech trends and areas where emerging 
technologies and innovation may offer significant potential benefit.
    In that respect, we look forward to continuing to engage 
proactively with the innovator community and market participants to 
promote market-enhancing FinTech, to identify opportunities to update 
our regulatory framework, and to implement new technology-based 
approaches to fulfill the CFTC's mission on behalf of the American 
people.

    Issued in Washington, DC, on April 20, 2018, by the Commission.
Christopher Kirkpatrick,
Secretary of the Commission.

Appendix To Request for Input on LabCFTC Prize Competitions--Commission 
Voting Summary

    On this matter, Chairman Giancarlo and Commissioners Quintenz 
and Behnam voted in the affirmative. No Commissioner voted in the 
negative.
[FR Doc. 2018-08673 Filed 4-24-18; 8:45 am]
 BILLING CODE 6351-01-P



                                                                             Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices                                                    18009

                                                COMMODITY FUTURES TRADING                               to make available publicly. If you wish                innovative solutions, LabCFTC can act
                                                COMMISSION                                              the Commission to consider information                 as a catalyst to drive progress.
                                                                                                        that may be exempt from disclosure
                                                Request for Input on LabCFTC Prize                                                                             B. FinTech and RegTech Opportunity
                                                                                                        under the Freedom of Information Act
                                                Competitions                                            (‘‘FOIA’’), a petition for confidential                   Technology-driven innovation is
                                                                                                        treatment of the exempt information                    rapidly transforming the markets CFTC
                                                AGENCY:  Commodity Futures Trading                                                                             oversees, and the way market
                                                Commission.                                             may be submitted according to the
                                                                                                        procedures established in the                          participants operate and interact.
                                                ACTION: Request for input.                                                                                     Examples include automated trading,
                                                                                                        Commission’s regulations at 17 CFR
                                                SUMMARY:    In May 2017, the Commodity                  145.9.1 The Commission reserves the                    which now constitutes up to 70 percent
                                                Futures Trading Commission                              right, but shall have no obligation, to                of trading on regulated futures markets,2
                                                (‘‘Commission’’ or ‘‘CFTC’’) launched a                 review, prescreen, filter, redact, refuse,             ‘‘big data’’ capability to enable more
                                                new initiative, LabCFTC, to spearhead                   or remove any or all of your submission                sophisticated data analysis and
                                                the CFTC’s effort to facilitate the                     from www.cftc.gov that it may deem to                  interpretation,3 machine learning and
                                                development and implementation of                       be inappropriate for publication, such as              artificial intelligence to guide highly
                                                market-enhancing financial technologies                 obscene language. All submissions that                 dynamic trade execution,4 ‘‘smart’’
                                                (‘‘FinTech’’). As part of that effort, CFTC             have been redacted or removed that                     contracts that value themselves and
                                                staff are exploring opportunities to play               contain comments on the merits of the                  calculate payments in real-time,5
                                                a constructive role to stimulate                        Request for Information will be retained               behavioral biometrics that can detect
                                                innovation and leverage FinTech                         in the public comment file and will be                 and combat online fraud,6 and
                                                solutions that can enhance our regulated                considered as required under the                       blockchain and distributed ledger
                                                markets and help make the Commission                    Administrative Procedure Act and other                 technologies.7 Shared ledger systems,
                                                more effective and efficient in satisfying              applicable laws, and may be accessible
                                                                                                                                                                  2 J. Christopher Giancarlo, Chairman, Commodity
                                                its mission. The Science Prize                          under the FOIA.
                                                                                                                                                               Futures Trading Commission ‘‘Remarks at the
                                                Competition Act (‘‘SPCA’’) authorizes                   FOR FURTHER INFORMATION CONTACT:                       Singapore FinTech Festival,’’ November 15, 2017
                                                the CFTC to invest federal funds in                     Daniel Gorfine, Director of LabCFTC                    (citing a March 2015 report of the CFTC’s Office of
                                                science and early-stage technology                                                                             the Chief Economist ‘‘Automated Trading in
                                                                                                        and Chief Innovation Officer, (202) 418–               Futures Markets’’ that reviewed over 1.5 billion
                                                research and development as well as in                  5625; Brian Trackman, Counsel on                       transactions across over 800 products on the
                                                science, technology, engineering, and                   FinTech and Innovation, Office of                      Chicago Mercantile Exchange over a two-year
                                                mathematics education. Under this                       General Counsel, (202) 418–5163; Jorge                 period, available at http://www.cftc.gov/idc/groups/
                                                authority, the CFTC may implement a                                                                            public/@economicanalysis/documents/file/oce_
                                                                                                        Herrada, Senior Technical Data                         automatedtrading.pdf). See also McKinsey &
                                                competition and award prizes to                         Specialist, Office of Data and                         Company and Greenwich Associates study
                                                stimulate innovation designed to                        Technology, (202) 418–5346; or                         reprinted in Bank for International Settlements,
                                                advance the CFTC’s mission.                             LabCFTC@cftc.gov.                                      Markets Committee, Electronic Trading in Fixed
                                                Accordingly, the Science Prize                                                                                 Income Markets, January 2016, http://www.bis.org/
                                                                                                        SUPPLEMENTARY INFORMATION:                             publ/mktc07.pdf.
                                                Competition Act may offer a useful                                                                                3 Trevir Nath, ‘‘How Big Data Has Changed
                                                mechanism to further the goals of                       I. Background                                          Finance,’’ Investopedia, April 9, 2015, http://
                                                LabCFTC and the CFTC’s mission. This                                                                           www.investopedia.com/articles/active-trading/
                                                                                                        A. LabCFTC                                             040915/how-big-data-has-changed-finance.asp;
                                                Request for Input solicits feedback on
                                                                                                                                                               Central Banking Focus Report, Big Data in Central
                                                focus areas for potential prize                            In May 2017, the CFTC launched the                  Banks, Central Banking Journal, November 13 2017,
                                                competitions, and how competitions                      LabCFTC initiative to further the CFTC’s               https://www.centralbanking.com/content-hub/big-
                                                could best be structured and                            goal of evolving as a 21st century                     data-in-central-banks-focus-report-2017-3315066;
                                                administered. The Commission                            regulator and keeping pace with                        Ciara O’Brien, Irish Firm Siren raises 3m in funding
                                                                                                                                                               for data investigation technology, The Irish Times,
                                                welcomes all public comments.                           technological innovation. LabCFTC is                   February 8 2018, https://www.irishtimes.com/
                                                DATES: Comments must be received on                     dedicated to understanding and                         business/technology/irish-firm-siren-raises-3m-in-
                                                or before July 24, 2018.                                facilitating market-enhancing financial                funding-for-data-investigation-technology-
                                                                                                        technology (‘‘FinTech’’) innovation,                   1.3383335; Andrew Zolli, ‘‘After Big Data: The
                                                ADDRESSES: You may submit comments,                                                                            Coming Age of ‘Big Indicators’’’; Stanford Social
                                                identified by the title, ‘‘LabCFTC Prize                promoting fair market competition, and                 Innovation Review, January 22, 2018, https://
                                                RFI,’’ by any of the following methods:                 ensuring proactive regulatory                          ssir.org/articles/entry/after_big_data_the_coming_
                                                   • CFTC Website: https://                             excellence. LabCFTC is designed to                     age_of_big_indicators.
                                                                                                                                                                  4 Tom Upchurch, ‘‘Technology: AI and the
                                                comments.cftc.gov. Follow the                           make the CFTC more accessible to
                                                                                                                                                               Spectre of Automation,’’ Euromoney, August 2016,
                                                instructions to Submit Comments                         FinTech and regulatory technology                      http://www.euromoney.com/Article/3575461/
                                                through the website.                                    (‘‘RegTech’’) innovators, and to inform                Technology-AI-and-the-spectre-of-automation.html.
                                                   • Mail: Send to Christopher                          the Commission’s understanding of                         5 Nigel Farmer, ‘‘Making Contracts Smarter,’’

                                                Kirkpatrick, Secretary of the                           emerging technologies and their                        TabbForum, May 3, 2016, http://tabbforum.com/
                                                                                                        regulatory implications.                               opinions/making-contracts-smarter?print_
                                                Commission, Commodity Futures                                                                                  preview=true&single=true&ticket=ST-
                                                Trading Commission, Three Lafayette                        Further to that effort, LabCFTC seeks               14742885819637-OxE2RQ6CSK3LXd6HsvaWw
                                                Centre, 1155 21st Street NW,                            to spur innovation and innovative                      J8v3ewjlyh208guDvuC; Jay Cassano, What Are
                                                Washington, DC 20581.                                   applications of FinTech through prize                  Smart Contracts? Cryptocurrency’s Killer App, Fast
                                                   • Hand Delivery/Courier: Same as                     competitions as described further
                                                                                                                                                               Company, September 17, 2014, https://
                                                                                                                                                               www.fastcompany.com/3035723/app-economy/
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                                                Mail, above.                                            below. By focusing attention on aspects                smart-contracts-could-be-cryptocurrencys-killer-
                                                   Please submit comments by only one                   of CFTC operations or regulated markets                app.
                                                of these methods.                                       that could benefit from FinTech and                       6 Anna Irrera, Experian enlists behavioral

                                                   All comments should be submitted in                  actively encouraging development of                    biometrics startup to combat fraudsters, Reuters,
                                                English or accompanied by an English                                                                           April 7, 2017, http://www.reuters.com/article/us-
                                                                                                                                                               experian-fraud-idUSKBN1792XT.
                                                translation. Comments will be posted as                   1 17 CFR 145.9. All Commission regulations cited        7 Oscar Williams-Grut, WEF: Blockchain Will
                                                received to www.cftc.gov. You should                    herein are set forth in chapter I of Title 17 of the   Become the ‘Beating Heart’ of Finance, Business
                                                submit only information that you wish                   Code of Federal Regulations.                                                                      Continued




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                                                18010                        Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices

                                                which hold promise in increasing                           A competition may have a cash prize                  or interim stages of selection. The
                                                operational efficiencies (e.g., identity                purse or a non-cash prize award.14 To                   competition need not be run in the
                                                confirmation, KYC/AML compliance,                       win a cash award, an individual or                      CFTC’s IT environment. Participants
                                                and trade lifecycle management), may                    entity must comply with the                             could create their submissions in their
                                                also help facilitate real-time,                         competition requirements and be U.S.-                   own environments. Participant
                                                standardized, and lower-cost regulatory                 based.15 Individuals must be U.S.                       submissions in prize competitions could
                                                reporting, which benefits both market                   citizens or a permanent resident of the                 be designated fully public or kept
                                                stakeholders and CFTC. Application of                   U.S.16 Private entities must be                         confidential, in whole or part. And the
                                                self-executing machine logic, often                     incorporated in and maintain a primary                  Commission is free to determine the
                                                called ‘‘smart contracts’’ could result in              place of business in the U.S.17 While                   prize, whether to offer a cash prize
                                                the potential decrease of execution                     eligibility to win cash awards is limited               purse or non-cash prize award. In that
                                                risks, more efficient use of trade-related              to individuals and entities that are U.S.               regard, the Commission notes that it
                                                margin and collateral, and the                          based, as described above, there is no                  does not, at this time, anticipate offering
                                                incorporation of automated regulatory                   limitation on participation in a                        a cash purse prize.
                                                compliance provisions into the contract                 competition or eligibility to win a non-                II. Request for Input
                                                code.                                                   cash prize award.
                                                   For market participants, new                            The SPCA includes guidelines                            The Commission believes that science
                                                technologies can improve operational                    concerning liability and insurance,18                   prize competitions offer an exciting
                                                efficiencies, create better workflows,                  intellectual property rights,19 prize                   opportunity to encourage and spotlight
                                                increase transparency, and strengthen                   competition judges,20 administering the                 innovation that can benefit the quality,
                                                compliance. Indeed, emerging financial                  competition,21 and funding.22                           transparency, and integrity of our
                                                technologies ranging from blockchain to                 Competitions under the SPCA are not                     markets, the market participants who
                                                machine learning to predictive data                     intended to be a substitute for the                     depend on them, the operations and
                                                analytics are already changing the way                  standard procurement process. Rather,                   activities of the CFTC, and broader
                                                financial markets operate. And,                         they are aimed at developing solutions                  American public. The Commission has
                                                importantly, for regulators too,                        to challenges where the solution is not                 begun considering potential competition
                                                including the CFTC, RegTech can help                    yet well-defined or developed.                          topics and potential ways to structure
                                                drive more effective and efficient                         Beyond the basic requirements                        competitions under the auspices of its
                                                internal operations, as well as                         specified in the SPCA, the Commission                   LabCFTC initiative. The SPCA
                                                surveillance and oversight of regulated                                                                         encourages broad consultation in and
                                                                                                        has a great deal of flexibility in defining
                                                markets.8                                                                                                       outside of government when selecting
                                                                                                        and structuring a competition.23 For
                                                                                                                                                                topics.24 Accordingly, to develop its
                                                C. Science Prize Competition Act 9                      example, the competition could be
                                                                                                                                                                ideas further and help ensure that
                                                   The SPCA authorizes the Chairman of                  scheduled for a day or two, or instead
                                                                                                                                                                competitions achieve their objective of
                                                the CFTC to carry out a program to                      extend over several weeks. The
                                                                                                                                                                facilitating market-enhancing
                                                award prizes competitively to stimulate                 competition may have one single prize,
                                                                                                                                                                innovation, the Commission is issuing
                                                innovation that has the potential to                       14 See 15 U.S.C. 3719(f)(4). To the extent a
                                                                                                                                                                this Request for Input to gather feedback
                                                advance the mission of the agency.10                    competition includes a cash prize, the competition      on potential competition topics as well
                                                Generally, the subject of the prize                     may not commence until the funds to pay out the         as on the structure and administration
                                                competition, eligibility rules to                       amount have been appropriated or committed in           of its prize competitions, i.e., what
                                                participate, registration process,                      writing. See 15 U.S.C. 3719(m)(3)(A). The amount        approach would be most effective. The
                                                                                                        of a cash prize purse, if offered, is up to the
                                                conduct of the competition, prize, and                  sponsoring agency; there is no specific amount          Commission welcomes any comments,
                                                winner selection criteria must be                       required.                                               including potential competition topics
                                                published in advance.11 Notice must be                     15 See 15 U.S.C. 3719(g).                            not discussed here or any other element
                                                given on a publicly available                              16 See 15 U.S.C. 3719(g)(3).
                                                                                                                                                                that a commenter believes should be
                                                Government website such as                                 17 See id. Awards may not be won by federal
                                                                                                                                                                considered.
                                                challenge.gov.12 The head of an agency                  entities or employees acting within the scope of
                                                is required to advertise a prize
                                                                                                        their employment. See 15 U.S.C. 3719(g)(4).             A. Potential Prize Competition Topics
                                                                                                           18 See 15 U.S.C. 3719(i).
                                                competition widely to encourage broad                      19 See 15 U.S.C. 3719(j).
                                                                                                                                                                  FinTech is rapidly evolving, and there
                                                participation.13                                           20 See 15 U.S.C. 3719(k). Judges may come from       are many areas where innovation and
                                                                                                        within or outside the federal government, including     technology have the potential for
                                                Insider, August 12, 2016, http://                       the private sector. 15 U.S.C. 3719(k)(1). A judge       significant impact. Accordingly, because
                                                www.businessinsider.com/world-economic-forum-           may not have personal or financial interests in, or     the scope of FinTech is so broad, the
                                                potential-of-blockchain-in-financial-services-2016-     be an employee, officer, director, or agent of any
                                                8; see generally William Mougayar, The Business         entity that is a registered participant in a
                                                                                                                                                                range of potential FinTech prize
                                                Blockchain: Promise, Practice, and Application of       competition, or have a familial or financial            competitions is expansive. The
                                                the Next internet Technology (Wiley 2016).              relationship with an individual who is a registered     Commission would like to identify
                                                   8 Remarks of J. Christopher Giancarlo at the         participant. 15 U.S.C. 3719(k)(2). Also, any            specific challenges and use cases where
                                                Singapore FinTech Festival, May 17, 2017, http://       committee, board, commission, panel, task force, or
                                                                                                        similar entity, created solely for the purpose of
                                                                                                                                                                a prize competition is especially suited
                                                www.cftc.gov/PressRoom/SpeechesTestimony/
                                                opagiancarlo32.                                         judging prize competitions is exempted from the         to spur the creation and demonstration
                                                   9 Section 401 of the American Innovation and         Federal Advisory Committee Act (5 U.S.C. App.)          of innovative solutions. Ideally, a prize
                                                Competitiveness Act, Public Law 114–329 updated         under 15 U.S.C. 3719(k)(4).                             competition would both highlight how
                                                previous authority to sponsor prize competitions           21 See 15 U.S.C. 3719(l).
                                                                                                                                                                new technology can benefit the CFTC as
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                                                under the Stevenson-Wydler Technology                      22 See 15 U.S.C. 3719(m).
                                                Innovation Act of 1980 (15 U.S.C. 3719),                   23 The Commission notes that it does not
                                                                                                                                                                well as the derivatives markets we
                                                subsequently known as the America Competes Act,         currently anticipate that a competition would           oversee, and also lead to actionable next
                                                and renamed the law to be ‘‘Science Prize               involve the use or release of any confidential
                                                Competition Act.’’                                      regulatory or market oversight data. To the extent        24 See 15 U.S.C. 3719(d) (‘‘In selecting topics for
                                                   10 See 15 U.S.C. 3719(b).
                                                                                                        such types of data might be relevant to a               prize competitions, the head of an agency shall
                                                   11 See 15 U.S.C. 3719(f).
                                                                                                        competition, the participants would likely use          consult widely both within and outside the Federal
                                                   12 See id.
                                                                                                        either alternate, publicly available data sets, fully   Government, and may empanel advisory
                                                   13 See 15 U.S.C. 3719(e).                            anonymized, aggregated data, or substitute data.        committees.’’).



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                                                                             Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices                                                      18011

                                                steps, which could include further use                  data management,25 cleansing,26 and                     monitor and prevent the build-up of
                                                case development, additional research                   analysis, new technology could help the                 systematic risk.28 New technologies can
                                                or investment, proofs of concept, and                   agency and stakeholders make good use                   help the Commission discharge this
                                                implementation.                                         of available market data to gain insight                vital responsibility by providing new
                                                   The Commission has given some                        about market interactions, risk flows,                  ways to track and assess risk. Using
                                                preliminary consideration to several                    and aggregate exposures. A prize                        distributed ledgers, Cloud-based storage,
                                                                                                        competition in any of these areas could                 machine learning, and other new
                                                topics, described below, that may satisfy
                                                                                                        thus be useful.                                         technologies could enable new methods
                                                its stated objectives. These examples are
                                                                                                                                                                for conducting stress tests, for example,
                                                just that: examples. There are many                     (2) Enhancing Market Transparency and
                                                                                                                                                                and gauging the impact(s) of unforeseen
                                                other potential areas where a prize                     Oversight
                                                                                                                                                                events on the financial system as a
                                                competition or series of competitions                      FinTech innovation may enhance                       whole.
                                                under the SPCA might advance the                        market transparency and oversight in a
                                                development of beneficial solutions,                    number of ways. Already, the Internet of                (4) Improving the Accessibility of CFTC
                                                which could improve market                              Things (IoT) is making new kinds of                     Regulations
                                                participants’ ability to serve the needs of             information available that may be                          A longstanding critique of regulatory
                                                clients, enable the CFTC to better fulfill              relevant to pricing derivatives and                     frameworks is their complexity. Over
                                                its mission, or enhance the overall                     assessing market risks. A prize                         time, as regulations continue to evolve,
                                                quality and integrity of our markets.                   competition could address, for example,                 rulesets tend to become more intricate.
                                                Therefore, in addition to feedback on                   how FinTech can be deployed in the                      Updates may be difficult to track and
                                                any of the potential competition topics                 derivatives markets to detect behavior or               engender unintended consequences. For
                                                described below, the Commission                         information that may assist the                         regulated entities this presents a
                                                would appreciate suggestions for                        Commission in detecting fraud or abuse.                 tremendous compliance challenge. Each
                                                additional competition topics.                             A more ambitious competition topic                   entity must know which rules apply to
                                                                                                        could address leveraging FinTech                        it, understand what those rules require,
                                                   The Commission emphasizes that, as
                                                                                                        innovation to enhance the availability of               structure an appropriate compliance
                                                noted, this Request for Input is meant to
                                                                                                        accurate, timely transactional data,                    program, and keep the program up to
                                                stimulate thinking about potential prize
                                                                                                        including trade prices. Commentators                    date. These challenges may be even
                                                competitions. The Commission is not                     have noted that new technologies have
                                                endorsing any particular topic, nor is                                                                          more significant for relatively young or
                                                                                                        the potential to improve market                         lean entities looking to scale their
                                                the Commission committing to pursue a                   transparency and oversight at a lower
                                                prize competition or engage in follow-                                                                          activities in an increasingly fast-moving
                                                                                                        cost.27                                                 market. For other market participants,
                                                on procurement to implement specific
                                                                                                        (3) Systemic Risk Analysis                              regulators, and the public more broadly,
                                                solutions.
                                                                                                                                                                complex regulations can obscure
                                                (1) Transaction, Position, and Margin                     The Commission believes it is critical                straightforward regulatory goals and
                                                                                                        to its core function to successfully                    impede meaningful review of the overall
                                                Data and Analysis
                                                                                                           25 Data management is a broad discipline that
                                                                                                                                                                regulatory framework.
                                                   Several potential topics relate to                                                                              The Commission believes that
                                                                                                        defines and governs how an organization makes use
                                                challenges around market data:                          of data. It includes such areas as data governance,     technology may offer meaningful
                                                transaction reporting by market                         data architecture, data security management, data       opportunities to make the regulatory
                                                participants, data dissemination by the                 quality, reference and master data, meta data, and
                                                                                                                                                                framework more accessible, reduce
                                                                                                        data transformation.
                                                CFTC, data management and analysis,                        26 Data cleansing is vital to making use of data     burdens and enhance overall
                                                and data cleansing and harmonization.                   resources. It refers to the process of preparing data   compliance.29 There are a variety of
                                                In each case, innovation driven by new                  for analysis. The CFTC handles numerous data sets       potential approaches, including:
                                                technology has the potential greatly to                 that range in complexity. In many cases, the utility
                                                                                                                                                                   • Coding rules to make them machine
                                                                                                        of the dataset is reduced because the quality of the
                                                improve current processes and                           data is imperfect. Entries in fields may not be         readable,
                                                ‘‘output,’’ enabling both market                        consistent in form or format. Data requirements may        • Creating common ontologies to
                                                participants and regulators to engage                   be interpreted differently by different respondents     make rules more understandable and
                                                with data more effectively.                             (or even within different divisions of the same
                                                                                                        firm), resulting in different types of entries. Data
                                                   For example, standardization of forms                elements may be entered improperly or                      28 Excessive systemic risk is understood to have

                                                and processes, simplified reporting                     inadvertently omitted. Manual data cleansing,           been a significant contributing factor to the
                                                                                                        however, cannot scale.                                  financial crisis. See, e.g., Ian Goldin and Chris
                                                mechanisms, shared, comprehensive                          27 See, e.g., Dong He et al. IMF Staff Discussion    Kutarna, ‘‘Risk and Complexity,’’ Finance and
                                                data ontologies, and new modes of                       Note, Fintech and Financial Services: Initial           Development September 2017, http://www.imf.org/
                                                reporting all offer the potential to                    Considerations (June 2017), http://www.imf.org/∼/       external/pubs/ft/fandd/2017/09/pdf/goldin.pdf;
                                                greatly enhance the accessibility,                      media/files/publications/sdn/2017/sdn1705.ashx;         Chairman Ben S. Bernanke, ‘‘Causes of the Recent
                                                                                                        ‘‘Capital Markets: innovation and the FinTech           Financial and Economic Crisis,’’ Testimony Before
                                                quality, and utility of market data that                landscape,’’ Report of Innovate Finance and EY          the Financial Crisis Inquiry Commission,
                                                is reported to, and disseminated by, the                (2016), http://www.ey.com/Publication/                  Washington DC, September 2, 2010, https://
                                                CFTC. Disseminating data reports in                     vwLUAssets/EY-capital-markets-innovation-and-           www.federalreserve.gov/newsevents/testimony/
                                                                                                        the-finTech-landscape/$FILE/EY-capital-markets-         bernanke20100902a.htm.
                                                machine readable format, new                            innovation-and-the-fintech-landscape.pdf; Jo Ann           29 Other regulatory authorities are already
                                                techniques in data visualization or new                 Barefoot, ‘‘Reglabs: Time for a major regulatory        exploring these possibilities. For example, the UK
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                                                ways of combining data streams could                    experiment?’’ July 13, 2017, http://                    Financial Conduct Authority hosted an event where
                                                help make sense of market activity,                     www.bankingexchange.com/blogs-3/                        participants demonstrated technology to link
                                                                                                        unconventional-wisdom/item/6940-reglabs-time-           regulatory obligations to internal policies in a cost
                                                educate the public on the role of                       for-a-major-regulatory-experiment (‘‘Today’s            effective, automated and auditable fashion. See Yaa
                                                derivatives markets in the broader                      technology is creating a possibility that has never     Asare, ‘‘JWG and ClauseMatch Launch Next
                                                economy, identify opportunity and                       before existed—the opportunity to improve the           Generation Regulatory Policy Management
                                                                                                        public policy results of financial regulation, and      Solution,’’ https://regtechfs.com/jwg-and-
                                                risks, and improve the overall quality of               reduce the costs of achieving them, at the same         clausematch-launch-next-generation-regulatory-
                                                our markets. Likewise with respect to                   time.’’).                                               policy-management-solution/.



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                                                18012                         Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices

                                                highlight where rules may be                             (2) Format                                             (7) Prize
                                                inconsistent or diverge,                                    Prize competitions may take many                       The Commission seeks feedback on
                                                   • Creating visual, interactive                        forms. Hackathons, for example, may                    the selection of a suitable prize. For
                                                representations of the regulatory                        take place over a short period: one or                 example, the Commission could offer a
                                                framework, that enable linking of                        perhaps a few days.30 During that time,                ‘‘CFTC Market Innovator of the Year’’
                                                related rules and mapping of regulatory                  competitors come together to create and                award to recognize select competition
                                                requirements to specific function, teams                 submit a solution that meets the                       participants. Generally, the Commission
                                                and individuals within a regulated                       challenge presented. By contrast, a                    seeks input on what type of prize may
                                                entity, and                                              FinTech prize competition could be                     best encourage meaningful participation
                                                   • Developing machines that ‘‘digest’’                 structured to permit competitors to                    that results in real-world solutions
                                                rules to determine data and other                        work at their own pace over a longer                   relevant to the competition topic. As
                                                requirements, as well as ideal                           period, and then submit their solution                 noted, the Commission does not at this
                                                compliance approaches for specific                       by a stated deadline. In the case of a                 time anticipate providing a cash purse,
                                                                                                         CFTC-sponsored FinTech prize                           but notes that under the SPCA, an
                                                entities.
                                                                                                         competition, the Commission seeks                      agency may partner with outside
                                                (5) Strengthening CFTC’s                                 public input on what format may be                     entities which may sponsor cash
                                                Administrative Process                                   most suitable.                                         awards.31
                                                   Technology-based solutions geared to                  (3) Conditions of Participation                        Specific Questions for Input
                                                address regulation, regulatory process,                     The Commission is considering what,                    As noted, the Commission seeks
                                                and the day-to-day operations of market                  if any, conditions of participation it                 feedback on candidate prize
                                                regulators present the CFTC a                            should impose around a potential prize                 competition topics and on the
                                                meaningful opportunity to leverage                       competition.                                           administration of a prize competition.
                                                innovative FinTech directly. For                                                                                The Commission’s broad goal is to
                                                example, as a market regulator the                       (4) Advertising
                                                                                                                                                                stimulate thinking and highlight efforts
                                                CFTC’s rulemaking process is of vital                      The Commission is interested in                      to apply new technology in ways that
                                                importance. A key element of that                        reaching the widest range of potential                 may enhance our markets. In addition to
                                                process is the opportunity for public                    participants that it can in regard to                  any general input, the Commission is
                                                comment. But when the CFTC puts out                      CFTC-sponsored FinTech prize                           interested in responses to the following:
                                                a rule proposal, the agency may receive                  competitions.                                             Regarding prize competition topic
                                                hundreds, sometime thousands, of                         (5) Evaluation Standards                               selection:
                                                comment letters. While the Commission                                                                              1. Are there subject matter areas or
                                                currently uses some technology                              Once entries are submitted as part of               specific topics that the Commission
                                                solutions, the review process remains                    a competition, they must be reviewed                   should particularly consider or focus on
                                                labor intensive and could benefit from                   and evaluated to determine a prize                     for a potential prize competition?
                                                automation. How can innovative                           winner. The Commission seeks public                       D In each case, what is the relevant
                                                technology make the notice-and-                          input on the evaluation process and                    challenge to be addressed?
                                                comment process ‘‘smarter,’’ more                        appropriate standards of evaluation                       D In what ways can FinTech
                                                dynamic, and more effective?                             (e.g., how easily might a proposed                     innovation potentially address this
                                                                                                         solution be scaled, how robust is a                    challenge?
                                                B. Administration of Prize Competitions                  proposed solution, how resilient, how                     D How would a prize competition
                                                                                                         adaptable to market changes or changes                 spur development, interest, or broader
                                                   In addition to comment on potential                   to the regulatory framework, etc.).
                                                competition topics, the Commission                                                                              adoption? Please be specific as possible
                                                also seeks public input on the                           (6) Judges                                             or provide examples where appropriate.
                                                administration of any prize competition.                                                                           2. What criteria should the
                                                                                                           As part of a prize competition, judges               Commission use to select prize
                                                The SPCA provides significant                            must be selected to evaluate entries and
                                                flexibility to agencies in how a prize                                                                          competition topics?
                                                                                                         select the winner(s). The Commission                      3. Are there subject matter areas or
                                                competition is conducted. The                            seeks input on the judge selection
                                                Commission wishes to structure prize                                                                            specific topics that are not suitable for
                                                                                                         process and the appropriate mix of                     a prize competition? Please be specific
                                                competitions to attract broad interest, to               judges from among various stakeholder                  as possible or provide examples where
                                                be fair to all participants, and to                      groups: financial market participants,                 appropriate.
                                                encourage market-enhancing                               commercial end-users, researchers and                     4. What competition topics may help
                                                innovation. Broadly, the Commission is                   academics, FinTech innovators,                         illuminate areas where new technology
                                                interested in how these goals can best be                specialists and experts (e.g., data                    can reduce costs or improve services for
                                                accomplished through a prize                             scientists, technologists, etc.), financial            market participants and end-users who
                                                competition. We are particularly                         and technology press, government                       depend on these markets to manage
                                                interested in the following areas:                       officials, CFTC staff, and members of the              risk?
                                                (1) Eligibility                                          general public.                                           5. What competition topics may
                                                                                                                                                                highlight areas where the regulatory
                                                  The SPCA requires that prize                             30 Generally, a hackathon is an event typically of
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                                                                                                                                                                framework could work better or needs
                                                competition winners be, in the case of                   short duration at which participants engage in
                                                                                                         collaborative computer programming, often to           significant revision to accommodate
                                                entities, U.S. based or, in the case of                  address a coding challenge or to develop a solution    market-enhancing FinTech?
                                                individuals, U.S. citizens. The                          to an identified problem. Federal agencies such as        6. Which existing regulatory
                                                Commission seeks input on what                           the Department of Health and Human Services have       compliance or regulatory reporting
                                                                                                         sponsored successful hackathons, for example, the
                                                additional requirements, if any, should                  HHS Opioid Code-a-Thon in December 2017,               processes do you feel would most
                                                govern participation in a CFTC-                          https://www.challenge.gov/challenge/hhs-opioid-
                                                sponsored FinTech prize competition.                     code-a-thon/.                                           31 See   15 U.S.C. 3719(m).



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                                                                             Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices                                            18013

                                                benefit from RegTech? Please be specific                structure prize competitions to                       Eilo, 510 L Street, Suite 410, Anchorage,
                                                as possible or provide examples where                   maximize their positive impact.                       AK 99501.
                                                appropriate.                                               More broadly, the input from this                  FOR FURTHER INFORMATION CONTACT:
                                                   Regarding administration of a prize                  request will further aid the Commission               Corrine Eilo, Denali Commission, 510 L
                                                competition:                                            in identifying FinTech trends and areas               Street, Suite 410, Anchorage, AK 99501.
                                                   7. What ground rules should govern                   where emerging technologies and                       Telephone: (907) 271–1414. Email:
                                                participation in a CFTC-sponsored                       innovation may offer significant                      ceilo@denali.gov.
                                                FinTech prize competition?                              potential benefit.
                                                   D For example, are there particular                     In that respect, we look forward to                Background
                                                eligibility requirements that the agency                continuing to engage proactively with                    The Denali Commission’s mission is
                                                should adopt?                                           the innovator community and market                    to partner with tribal, federal, state, and
                                                   D Should competition entries be                      participants to promote market-                       local governments and collaborate with
                                                designated ‘‘open source,’’ or should                   enhancing FinTech, to identify                        all Alaskans to improve the
                                                each participant retain full control of its             opportunities to update our regulatory                effectiveness and efficiency of
                                                entry and any decision about its                        framework, and to implement new                       government services, to build and
                                                availability?                                           technology-based approaches to fulfill                ensure the operation and maintenance
                                                   D Should any different rules apply to                the CFTC’s mission on behalf of the                   of Alaska’s basic infrastructure, and to
                                                winning entries?                                        American people.                                      develop a well-trained labor force
                                                   8. How should prize competition                        Issued in Washington, DC, on April 20,              employed in a diversified and
                                                judges be selected?                                     2018, by the Commission.                              sustainable economy.
                                                   D Should the Commission select a                                                                              By creating the Commission, Congress
                                                                                                        Christopher Kirkpatrick,
                                                single judge or panel to evaluate prize                                                                       mandated that all parties involved
                                                                                                        Secretary of the Commission.
                                                competition submissions?                                                                                      partner together to find new and
                                                   D If a panel, how large?                             Appendix To Request for Input on                      innovative solutions to the unique
                                                   D And what is the appropriate mix of                 LabCFTC Prize Competitions—                           infrastructure and economic
                                                stakeholders?                                           Commission Voting Summary                             development challenges in America’s
                                                   D What additional requirements, if                                                                         most remote communities. Pursuant to
                                                                                                          On this matter, Chairman Giancarlo and
                                                any, should apply to judges?                                                                                  the Act, the Commission determines its
                                                                                                        Commissioners Quintenz and Behnam voted
                                                   9. What general evaluation standards                 in the affirmative. No Commissioner voted in          own basic operating principles and
                                                or criteria may be appropriate in the                   the negative.                                         funding criteria on an annual federal
                                                context of a CFTC-sponsored FinTech                     [FR Doc. 2018–08673 Filed 4–24–18; 8:45 am]           fiscal year (October 1 to September 30)
                                                prize competition? Regarding the                        BILLING CODE 6351–01–P                                basis. The Commission outlines these
                                                evaluation process, are there models or                                                                       priorities and funding recommendations
                                                protocols that the Commission might                                                                           in an annual work plan. The FY 2019
                                                adapt with regard to prize competitions                 DENALI COMMISSION                                     Work Plan was developed in the
                                                it sponsors?                                                                                                  following manner.
                                                   10. What type of prize is likely to                  Denali Commission Fiscal Year 2019                       • A workgroup comprised of Denali
                                                encourage the greatest participation                    Draft Work Plan                                       Commissioners and Commission staff
                                                from a broad range of innovators? What                                                                        developed a preliminary draft work
                                                factors should the Commission                           AGENCY:   Denali Commission.
                                                                                                                                                              plan.
                                                consider? If the prize is other than a                  ACTION:   Notice.                                        • The preliminary draft work plan
                                                cash purse, what type of prize may be                                                                         was published on Denali.gov for review
                                                                                                        SUMMARY:    The Denali Commission
                                                suitable?                                                                                                     by the public in advance of public
                                                   11. Generally, are there any rules,                  (Commission) is an independent Federal
                                                                                                        agency based on an innovative federal-                testimony.
                                                policies, or practices that the
                                                                                                        state partnership designed to provide                    • A public hearing was held to record
                                                Commission should adopt to facilitate a                                                                       public comments and recommendations
                                                prize competition or encourage                          critical utilities, infrastructure and
                                                                                                        support for economic development and                  on the preliminary draft work plan.
                                                participation? For example, what modes                                                                           • Written comments on the
                                                of advertising and publicity may be                     training in Alaska by delivering federal
                                                                                                                                                              preliminary draft work plan were
                                                most effective? And, likewise, are there                services in the most cost-effective
                                                                                                                                                              accepted for another ten days after the
                                                any rules, policies, or practices that                  manner possible. The Commission was
                                                                                                                                                              public hearing.
                                                could impede participation in a prize                   created in 1998 with passage of the                      • All public hearing comments and
                                                completion?                                             October 21, 1998 Denali Commission                    written comments were provided to
                                                   In providing your responses, please be               Act (Act). The Act requires that the                  Commissioners for their review and
                                                as specific as possible, and offer                      Commission develop proposed work                      consideration.
                                                examples where appropriate. The                         plans for future spending and that the                   • Commissioners discussed the
                                                Commission encourages all relevant                      annual work plan be published in the                  preliminary draft work plan in a public
                                                comments; commenters need not                           Federal Register, providing an                        meeting and then voted on the work
                                                address every item.                                     opportunity for a 30-day period of                    plan during the meeting.
                                                                                                        public review and written comment.                       • The Commissioners forwarded their
                                                III. Conclusion                                         This Federal Register notice serves to                recommended work plan to the Federal
                                                  The Commission appreciates your                       announce the 30-day opportunity for                   Co-Chair, who then prepared the draft
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                                                time and effort responding to this                      public comment on the Denali                          work plan for publication in the Federal
                                                Request for Input on potential CFTC-                    Commission Draft Work Plan for Federal                Register providing a 30-day period for
                                                sponsored FinTech prize competitions.                   Fiscal Year 2019 (FY 2019).                           public review and written comment.
                                                The information provided by                             DATES: Comments and related material                  During this time, the draft work plan
                                                stakeholders will help us refine our                    to be received by May 31, 2018.                       will also be disseminated to
                                                understanding and future approach, and                  ADDRESSES: Submit comments to the                     Commission program partners
                                                identify how the Commission can best                    Denali Commission, Attention: Corrine                 including, but not limited to, the Bureau


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Document Created: 2018-11-02 08:17:22
Document Modified: 2018-11-02 08:17:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionRequest for input.
DatesComments must be received on or before July 24, 2018.
ContactDaniel Gorfine, Director of LabCFTC and Chief Innovation Officer, (202) 418-5625; Brian Trackman, Counsel on FinTech and Innovation, Office of General Counsel, (202) 418-5163; Jorge Herrada, Senior Technical Data Specialist, Office of Data and
FR Citation83 FR 18009 

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