1/ I shared some thoughts with @nikhileshde on XRP delisting.

I believe XRP is a security & that Ripple's years of dumping on brainwashed retail investors is way overdue to be stopped. But the SEC's approach is pain-maximizing to XRP holders, who are exchange *customers*....
2/ The best customer experience would have been to listen to more conservative securities lawyers (& technologists who flagged XRP is trash) and never list XRP in the first place. We shouldn't easily forgive that mistake, to be clear.
3/ Second best to that though, you want to understand what's happening and not decide rashly. Unlike some previous settlements, the SEC's complaint does not seek to make Ripple comply with the Exchange Act re: XRP (i.e., it does not seek to make Ripple become an SEC-reporting co)
4/ Instead, it seeks to have Ripple & its principals "disgorge all ill-gotten gains" and be enjoined from "delivering XRP to any persons..."
5/ B/c XRP is indeed centralized, this would doom XRP from a value perspective. B/c there is no cryptonative validation incentive, it seems unlikely the chain itself would continue for long if Ripple was no longer able to support it by e.g. distributing XRP to commercial partners
6/ A legitimate question--assuming XRP is held to be a security, will a federal court approve such a 'nuclear option' for XRP, thus destroying all accumulated value, or will it instead order the more natural remedy, that Ripple become an SEC-reporting company?
7/ We don't know. And the SEC's caginess on exactly what theories it is asserting--is XRP a security today, all the time, or only when Ripple sells it?--doesn't help exchanges make informed decisions.
8/ If there is a path forward for XRP to not be utterly destroyed and its investors wrecked, well if you're Coinbase you don't want to be the one that wrecks your customers (and maybe yourself) prematurely by delisting XRP based on allegations that could take years to play out.
9/ The SEC is also known for coming out guns blazing then essentially settling for precedential value with a slap on the wrist (see Kik/KIN). Coinbase could look pretty silly for delisting if, a year from now, the SEC wins, but their victory is similarly (inexplicably) Pyrrhic.
10/ There is plenty of blame to go around:
*greeedy lawyers in 2015-2017 with absurd securities law theories
*greedy exchanges listing shit assets for sale to the public
*Ripple & other snakeoil centralized token issuers profiting from idiots
*SEC being gun-shy & cagey for YEARS
11/

as @collins_belton was quick to point out, people have been pointing to XRP's Coinbase listing as proof that XRP is not a security

no, enforcement can take YEARS--hire your own lawyer and make your own *independent* assessment; the "crypto rating council" is a joke
12/ the newest iteration of that is "oh a16z invests in that company, that company did x, y or z, a16z has an army of lawyers and D.C. connections, so it must be legal"

ummm, no. stahp. just stahp. listen to your lawyer and don't assume a16z has it all wired

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More from @lex_node

18 Dec
crypto, it seems, is simultaneously regulated as everything that is highly regulated and nothing that isn't

it's a security for all the parts of securities laws that require intermediation, but none that allow for P2P
it's a commodity, but only if that means the CFTC's authority is non-exclusive
it's currency if you're transmitting it, but if you're transacting in it for profit, it's a taxable sale of property
Read 4 tweets
20 Oct
I'm actually disappointed SEC did not pursue a fraud claim against Kik. It was warranted--Kik never intended to build the promised Ethereum scaling solutions, and only mentioned them to induce ETH holders to invest.
I would never have invested if not for the representations about Ethereum scaling work, and I bet the same is true of many other KIN ICO buyers.
Believing that Kik 'changed its mind' about Ethereum requires believing that:
-they studied Ethereum enough to know it needed new scaling solutions & to promise building them
-they didn't study it enough to know that building those scaling solutions would be hard
Read 4 tweets
20 Oct
little by little, the yearn community is figuring out this 'decentralized governance' thing, and I think the key was tightrope-walking without a safety net

if you have a VC-backed company as a safety net, the tokenholders are more likely to engage in dangerous antics
having one set of funds that comes from system fees both justifies the existence of a governance token and keeps its holders disciplined

the devs now answer directly to the token holders, can get hired and fired by token holders, and the governance matters
securities law arbitrage attempts have led to totally the wrong incentives--i.e., for devs at a VC-backed company to hide their token-value-increasing efforts, be coy about whether they will affect the token, and not take direction from the community to avoid duties
Read 6 tweets
19 Oct
I don't get the UNI governance panic. As far as I can tell no one is even obligated to follow UNI voting results. This list of things UNI holders "own" (lol) is a combination of forkable things and meaningless things. Image
Basically, UNI govern a limited set of parameters of specific deployed bytecode. Uniswap could deploy v2.1 tomorrow and fork out any assholes, create a new treasury, etc. and there would be nothing anyone could do to stop them, legally or otherwise. So who cares?
"Omfg we can't lower quorum on the official uniswap token list, someone might add a shitcoin!"
Read 8 tweets
19 Sep
To @ameensol 's point, anyone interested in this thread should read this, written by @ameensol, @pet3rpan_ and me. We've been working on these issues a long time.

github.com/metacartel/MCV…
Read 8 tweets

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