Gensler speaking at @EP_Economics on crypto:
-repeats they are very focused on "platform" (exchanging, lending), "whether centralized or decentralized"
-repeats crypto can be a "catalyst for change";
-repeats he is "technology neutral"
-repeats that tech innovations in finance do not thrive unless brought under "public policy goals" incl. "investor protection"
-notes that DeFi platforms remove broker-dealers, therefore it is incumbent "on the platform" [?] to provide broker-dealer-style protections
-notes they are also very focused on "stablecoins"; says primary purpose of stablecoins is to 'sidestep public policy goals. . .such as AML and tax reporting'
-there's a Q&A; audience doesn't seem much interested in the crypto points, they are asking about ESG issues like developing standards defining when funds can describe themselves as "green" or "sustainable"
Question: 'you recently described cryptocurrencies as the wild west...in that context, have you come across any technologies available now that could be introduced to trading or lending platforms to provide oversight & protect consumers/investors?'
Gensler: 'Larry Lessig wrote 'code is law'. Yes, there are technologies that can help the platforms on AML and ensuring investor protection, and I will work with staff to point those out...
(cont'd) 'The combination of software and law will achieve the protection. We have to make laws that say the platforms themselves [?] have the obligations to comply with regulations [such as AML].'
I have to say it is incredibly frustrating to see someone like Gensler who actually understands the tech to lazily do so much rhetorical work by personifying the word 'platform.' With DeFi, there is no person that *is* or who owns/controls "the platform".
So, every time they say "the platform must do this" "the platform must do that"--wtf does it mean?! Implicitly, the only way of understanding these comments is an interpretation of securities market regs as being about what kind of software is allowed to be written-this won't fly

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More from @lex_node

1 Sep
someone asked me 'isn't coding protected by 1st amendment? how can it be regulated?'
the answer is that publishing code is protected by 1st amendment

there is an open issue/question (I think)--is *deploying* a smart contract to Ethereum a form of 'publication', or is it 'operation'?

to what extent are 'results of operation of software' protected speech?
to get an idea of how complex and debatable the line-drawing exercise is, see here: stanfordlawreview.org/online/softwar… Image
Read 4 tweets
7 Aug
been talking to a lot of DeFi teams lately

some are even more decentralized than I thought & rapidly decentralizing more

don't know what regulators will argue; that it's illegal to create an incentive system that gives rise to a transactional network as an emergent phenomenon?
or maybe that a website can itself be a securities exchange, futures exchange, etc.?

but you realize what that means right?

you can perform the same transactions and get the same info from etherscan

is a block explorer website also a securities exchange?

makes no sense
I think all regulators can do is:

(a) argue governance tokens were securities at some point & get Section 5 liability from founding team

(b) use 'cui bono' logic to say someone who benefits a lot should be liable as an exchange operator, even if they don't operate the exchange
Read 5 tweets
6 Aug
pretty sure this is the first SEC action holding 'governance tokens' per se to be securities (unless you count the DAO report)

needless to say, the platform at issue here is *not* 'decentralized finance' and I am disappointed to see it described thus

sec.gov/news/press-rel…
one takeaway from Gensler's recent remarks as well as this action is that the SEC is going to argue APYs / APRs are "promises"

every single DeFi front-end would do well to adjust how it is talking about them & add in-your-face disclaimers and nuance
a lot of us (@collins_belton, @propelforward, et al) discussed for a long time that there are securities other than investment contracts and tests other than Howey; SEC is now broadening its approach to encompass tokens-as-debt-securities for DeFi
Read 4 tweets
30 Jul
okay, so I went through @DonBeyerVA 's proposed 'Digital Asset Market Structure and Investor Protection Act' more carefully, and here is the obligatory thread

beyer.house.gov/news/documents…
the good:
*this should be a low bar, but the definitions/drafting are non-circular and reasonably technologically accurate--more than I can say for other blockchain legislation
the good (cont'd):
*reasonable approach to securities laws:

-->token is security if it carries equity-ish rights in the issuer or was sold for risk capital (sorry @NYcryptolawyer)

-->can 'de-securitize' Howey tokens

-->3-year grace period prior to desecuritization
Read 29 tweets
29 Jul
Damn, pretty comprehensive.

beyer.house.gov/news/documents…
there's going to be a lot of controversy here but I just want to say that while this bill could be evil af it at least is drafted coherently--for example, it doesn't call tokens "representations of value"
it also enshrines logic similar to @HesterPeirce 's proposal by introducing the notion of a 'desecuritization certificate' for tokens that begin as securities (in this case likely meant for tokens which are tied up in Howey transactions rather than being 'inherent' securities)
Read 6 tweets
29 Jul
good thread from @adamscochran rebutting points from @angela_walch

that miners & other ecosystem players have *some* discretion does not make them TradFi-like intermediaries/fiduciaries

miners compete; one miner will gladly get paid to mine a tx censored by another miner
@adamscochran @angela_walch much of political FUD around blockchain also ignores the natural checks/balances that have arisen in the blockchain ecosystem

sure, core devs have power, but that power is checked by miners, investors, non-mining node runners, app (wallet) providers, DApp teams, etc.
likewise, miner power is checked by the power of core devs + those other constituencies

the resulting system is more robust & trust-minimized than any set of TradFi laws / contracts / regulatory watchdogs could have made it
Read 6 tweets

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