the reason why Elon crashed Bitcoin is the same reason why he's been sued for breach of fiduciary duties, securities fraud, etc.-he thinks his "mission" (sometimes cloaking his mere whims & lulz) preempts every other concern, & his fawning simps agree
for example, this enabled him to bail out his own failing company (Solarcity) at the expense of Tesla stockholders because it's 'solar power' & therefore green & progressive / important--he is set to stand trial for breach of fiduciary duty over this

abcnews.go.com/Technology/wir…
this enabled him to tweet '$420 funding secured' when Tesla was in crisis, get a stock pump that may have saved the company, and get away with a slap on the wrist from the SEC
this enabled him to tweet that his own company's stock is overvalued, an obvious breach of fiduciary duty to his stockholders washingtonpost.com/technology/202…
this is also what's enabling him to try to tank the value of BTC after heavily promoting it

Tesla holds BTC, so this also adversely affects Tesla stockholders (now indirect BTC holders)

there is no excuse--BTC has not changed since he promoted it & PoW was not a hidden feature
for all we know, Elon took out a huge short position in Bitcoin right before his tweet and rationalizes the resulting self-enrichment with "I'll invest in Martian tech"-he probably thinks it's better he have your money because you're too stupid to know what's good for you
yesterday Vitalik singlehandedly tanked SHIBE

okay, it's not as bad as Elon's move b/c Vitalik never supported SHIBE & it might be a scam, but even if SHIBE is a scam, he accelerated the harm to the scam's victims

decrypt.co/70672/dogecoin…
there was seemingly no thought given to non-ultra-rich people who might have bought SHIBE & how they might be affected by this huge donation
Vitalik could have worked with the donees in advance to try to craft a message about how the donation would be used (e.g., not immediately liquidated) that would make the donation itself less likely to crash these tokens and cause investor harm, but didn't
sure, the tokens might ultimately be doomed to harm a lot of investors anyway, but we don't know that for sure, and that does not excuse the accelerationist idea of dumping it all as fast as possible to benefit 'good causes'
the culture of fanbois immediately fawning over Vitalik dumping his SHIBE is the same as the culture of fanbois immediately stanning whatever Musk does--it's thoughtless hero worship, plain and simple
sure, I get that maybe he wanted to teach the founders a lesson and deter others using his name & driving up gas costs for a dumb token, but he didn't need to do it that way
Elon and Vitalik are cool & deserve admiration because they are innovative visionaries for the greater good, but they are also very rich & human
when they engage in impulsive, market-moving activities without making the slightest effort to mitigate harm to vulnerable investors, it's *not* cool or visionary--it's a totally out of touch 'let them eat cake' moment where powerful rich guys pick winners and losers
crypto is about free markets, but free markets only remain free if there is some compassion, empathy & self-restraint on the part of whales & leaders to keep building positive sum effects--otherwise this will just be another game rigged to always have the same winners and losers

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More from @lex_node

11 May
It's a pleasure seeing @BryceWeiner throw down on the 'is XRP a security / part of a securities scheme?' debate in this thread

SEC hasn't done a great job articulating the legally relevant distinctions between BTC & ETH vs. XRP, but they are numerous & meaningful.
I tried to articulate a framework for understanding these issues here:

lex-node.medium.com/defining-decen…
I also recommend checking out @ketsal 's approach, which has a similar flavor to mine:
ketsal.com/wp-content/upl…
Read 4 tweets
27 Apr
'Transactional law' practice (venture, M&A, etc.) is fundamentally broken, marked by an evil convergence of self-perpetuating bad incentives that make it almost impossible to reform or even incrementally improve.

Yes, it's the lawyers' fault.
In any rational world, a deal would just be a checklist of standard terms, and the parties would argue about which boxes to check instead of their lawyers spending weeks trying to trick each other through bespoke verbiage spread out across 10 different docs.
Honestly can't believe I've wasted 11 years of my life on this stupidity. After I wrap up my current slate of deals I will no longer engage in this charade.
Read 14 tweets
16 Apr
is anyone else the proud owner of some @satancoin?:

*october 2017 ICO for a #devilFi goverance token:

*666 totalSupply priced in multiples of 0.666 ETH

*last transaction over 400 days ago

but in 2021, they came back from nowhere to @ lil nas X 😂

satancoin.info/#home-section
Read 5 tweets
15 Apr
Here is a new @iearnfinance governance proposal by @tracheopteryx and me. We worked on it on & off for months, with @tracheopteryx putting in especially heavy time.

I will say a few words about my own thinking on it (speaking only for myself).

gov.yearn.finance/t/proposal-gov…
there are a lot of ideas & narratives out there about DeFi/protocol/DAO/community governance, but they often don't match up to the reality of what happens on the ground:
narrative: if there is a governance token, that means the token holders are in control of 'the protocol'

reality: governance token holders lack off-chain authority & thus rely on a fragile deference-by-rough-social-consensus upheld by devs & users who help define the protocol
Read 9 tweets
14 Apr
I've made my first pull request on @HesterPeirce 's Safe Harbor Proposal 2.0.

It was super cool that she put it on Github. I strongly encourage others to provide feedback in the form of pull requests.

github.com/CommissionerPe… Image
added an issue re: potential exclusion of governance tokens from safe harbor github.com/CommissionerPe…
added another issue, re: distinction between token and network

you should all add issues too; let's make this an experiment in doing cryptolaw the right way 👹

github.com/CommissionerPe…
Read 4 tweets
13 Apr
🚨new token safe harbor proposal from @HesterPeirce

sec.gov/news/public-st…
addresses issues in first version & takes into account feedback from myself & others

theblockcrypto.com/post/55985/an-…
what still seems odd to me is that mere functionality of the token / network takes it out of the securities laws; I do think that's inconsistent with current U.S. securities law, so unless Congress approves that, I would delete clause (ii) of the definition of "Network Maturity" Image
Read 4 tweets

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