Jake Chervinsky Profile picture
Aug 26, 2020 9 tweets 2 min read Read on X
1/ My last thoughts on security tokens & then I'll stop triggering everyone trying to shill their STO products here:

I agree it's possible to eke out some efficiencies by putting any financial instrument on a blockchain, & yes, disrupting central securities depositories is neat.
2/ To me, this fits the blockchain use case of "companies can save a few dollars by automating their back office."

That's fine! Nothing wrong with that!

It's just not particulary interesting in the broader context of crypto, & it gives off a very "blockchain, not bitcoin" vibe.
3/ What *is* interesting, maybe revolutionary, is allowing self-custody of financial instruments & exposing them to the composability of open protocols.

The problem is that security tokens are somewhat unfit for these goals, not only due to regulation, but by their very nature.
4/ Self-custody is extremely powerful for bearer assets like bitcoin, where the holder of a private key has an absolute, uncensorable property right to the value of the asset.

Security tokens aren't that; they derive value only if the issuer (a trusted third party) says they do.
5/ Composability is also tough for security tokens, at least for now. This is largely due to regulation (in the US context) but not entirely.

For example, true composability means possession by pseudonymous parties, which is incompatible with owning shares of a corporation.
6/ Composability also means irrevocable transactions.

If a holder trades security token X for asset Y on a DEX, the issuer can't unwind the trade, even though the ability to do so is often necessary.

Composability is permissionless, but security tokens must be permissioned.
7/ To be fair, you can solve these problems by designing new semi-composable protocols that allow some types of interesting transactions.

But these would have to be highly restricted; subject to (most of) the same intermediation & oversight as the old system. Again, that's fine!
8/ But it's a far cry from the zero-to-one innovation that blockchains offer elsewhere, e.g., decentralized money.

It may be a case where a blockchain is better than an Excel spreadsheet or SQL database, but by how much . . . ?
9/ I admit I may be missing the point & I'm open to being convinced otherwise (especially if there's something really exciting to see here).

But right now, to me, this feels like another version of "sprinkle some blockchain on it" hype years away from proving its promise.

[end]

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More from @jchervinsky

Aug 29, 2023
1/ Grayscale's victory over the SEC is *massive.*

It's very rare for a federal circuit court to find that an agency has violated the APA by acting arbitrarily and capriciously.

The DC Circuit just delivered a huge embarrassment for the SEC.

But the ETF isn't approved yet 🧵
2/ The DC Circuit soundly rejected the SEC's view that Grayscale's ETF proposal was not "designed to prevent fraudulent and manipulative acts and practices."

The SEC has spent a full decade denying spot bitcoin ETF proposals under this reasoning. That era has now come to an end.
3/ But the court didn't order the SEC to approve Grayscale's ETF proposal. It just said the SEC's analysis on the "fraud and manipulation" issue was wrong.

Now, the SEC has to go back and review Grayscale's proposal again, with the court's ruling in mind.

What will the SEC do?
Read 8 tweets
Jun 29, 2023
1/ SEC Chair Gary Gensler has wrongly prejudged that all digital assets are securities.

As a result, federal law requires that he recuse himself from all enforcement decisions related to digital assets.

@MTCoppel and I wrote a paper explaining why 👇
theblockchainassociation.org/chair-gensler-…
2/ Every SEC enforcement action must follow the “Wells process.”

In that process, the SEC Commissioners are meant to act as neutral arbiters, impartially weighing the evidence and arguments presented by SEC staff (the prosecutors) and the enforcement target (the defendant).
3/ When it comes to digital assets, Chair Gensler is far from a neutral arbiter.

Since his appointment, he has repeatedly stated his view that all digital assets other than bitcoin are securities, end of story.

We list many of these statements in our paper.
Read 10 tweets
Mar 16, 2023
1/ Today, @BlockchainAssn sent FOIA requests to the Fed, FDIC, and OCC, demanding information about the unlawful debanking of crypto companies.

We are also collecting evidence of debanking. Share your story with us:

debanked@theblockchainassociation.org

Here's the situation 🧵
2/ There are troubling reports of crypto companies having their bank accounts closed, often with no notice and no explanation. They've struggled to open new accounts too.

This disturbing trend suggests that regulators are trying to cut crypto entirely out of the banking system.
3/ These reports are especially concerning this month after the failures of Silvergate, Silicon Valley Bank, and Signature Bank.

Those banks had many crypto companies as customers, who are now rushing to open new accounts elsewhere to make payroll and stay in business.
Read 21 tweets
Mar 9, 2023
1/ Today, @KMSmithDC and I sent a letter to Congress from @BlockchainAssn urging prompt action on stablecoin legislation.

There is already bipartisan, bicameral support for new laws on stablecoins. The US is falling behind on crypto. It's time to act.
theblockchainassociation.org/blockchain-ass…
2/ In the letter, we explain what stablecoins are and why they represent such a categorical improvement on legacy payment infrastructure.

We also explain how important stablecoins are for the US dollar's status as global reserve currency, given China's focus on the digital yuan.
3/ We also outline five fundamental principles that are crucial for good stablecoin legislation.

First: Congress should focus on "custodial" stablecoins, meaning those issued and redeemed by firms holding assets backing the stablecoins in a bank or other financial institution.
Read 8 tweets
Feb 15, 2023
Today, the SEC proposed changes to the investment adviser custody rule that seem designed to prohibit US firms from investing in US crypto companies.

This proposal would flagrantly violate the SEC's mission by making investors *less* safe and by *discouraging* capital formation.
Commissioner Uyeda explains:

"This approach to custody appears to mask a policy decision to block access to crypto as an asset class. It deviates from the Commission’s long-standing position of neutrality on the merits of investments."
sec.gov/news/statement…
Commissioner Peirce writes sharply, as always:

"[T]he sweeping 'just about every crypto asset is a security' statements also seem to be part of a broader strategy of wishing complete jurisdiction over crypto into existence."
sec.gov/news/statement…
Read 5 tweets
Feb 14, 2023
1/ After a streak of hostile moves by US regulators, with rumors of more to come, fears of a crypto crackdown have never been higher.

It may be tough, but we can chart a path through it.

Let’s discuss the state of crypto policy: what’s happening, why, and what we do next 🧵
2/ Before we start, some comfort for the concerned:

The recent flurry of activity is jarring, but it's not a surprise and it doesn't spell doom for crypto in the USA.

Far from it: we have champions in key roles across government, and our industry is strong and ready to fight.
3/ To begin, some important scene-setting.

2022 was the worst year in crypto history from a policy perspective, by far. It may have been the worst year in DC for any industry in recent memory.

The whole year was one thing crashing after another, ending with the collapse of FTX.
Read 21 tweets

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