"A credit default swap (CDS) is a swap contract in which the buyer of the CDS makes a series of payments to the seller and, in exchange, receives a payoff if a credit instrument - typically a bond or loan - goes into default (fails to pay). Less commonly, the credit event that triggers the payoff can be a company undergoing restructuring, bankruptcy or even just having its credit rating downgraded."
Ever since Bear Stearns, Fannie, Freddie, Lehman Brothers, Merrill, Citi and AIG blew up in 2008 (which all started when two Bear Stearns structured product hedge funds blew up in June 2007 pre-Gov bailout: Bear Stearns Tells Fund Investors `No Value Left' -Bloomberg), credit default swaps were supposed to insure against losses on defaults but instead brought down the whole financial system (AIG Trading Partners Squeeze Insurer Before Bailout Bloomberg June, 09). The Lehman Brothers bankruptcy put the nail in the coffin (Lehman CDS Settlement Disappoints - WSJ) and taxpayers ended up being the credit default swap. Here's a great article from Financial Sense on June 6, 2008 predicting the CDS crisis (CREDIT DEFAULT SWAPS THE NEXT CRISIS by Financial Sense) and Time also had an article. Also Soros warned about CDS in early 2008 in the Financial Times (more below) and Warren Buffet wrote in Berkshires 2002 shareholder letter that they were "financial weapons of mass destruction".
So now that the Government intervened. How the hell do we fix the credit default swap market so it will actually protect from defaults during the next credit crisis and not bring down the whole financial system. Recently the Senate Banking Committee held a hearing on Over-the-Counter Financial Derivatives Regulation (Cspan). It was a very interesting hearing featuring a bunch of CDS wizards. It also featured Ken Griffin of hedge fund Citadel who is starting a CDS clearinghouse with CME Group. They talk about dealers, transparency, valuation risk, illiquidity, capital and margin requirements, systemic risk and exchanges.
Soros also warned about credit default swaps in April, 2008 (The false belief at the heart of the financial turmoil FT.com). A year and 3 months later, Soros thinks they should be banned (Ban CDS as "instruments of destruction" - Soros - Reuters).
I think if credit default swap spreads were more transparent and exchange based they would definitely benefit the public interest. CDS activity could be used by the public to monitor the health of a company or sector. An individual investor, institution, hedge fund or corporation can sense trouble if traders are bidding up CDS to protect from default risk. Analysts even use CDS activity to price out bonds. I'm not a pro on credit default swaps, but I think if used properly they can be used as a market signal and a way to hedge risk.
Markit.com provides credit default swap indices and charts and a free CDS Portal offering credit event details, spread movers (wideners/tighteners), CDS News and indices. This information is compiled from various dealers.
Articles/Past Posts:
Credit Default Swaps Should Be Regulated As Insurance (Reuters/InsuranceJournal)
Credit Default Swap Index, ABX, CMBX Technical Analysis (9/16/08)
An Idea To Prevent The Next Credit Default Swap Illiquidity Crisis (10/5/08)
Credit default swaps and derivatives explained (60 Minutes, CSPAN videos) (11/08/08)
Credit Default Swap Spreads Still Elevated (3/31/09)

