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SEC Issues Report Concluding DAO Tokens, a Digital Asset, Were Securities

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Re: SEC Issues Report Concluding DAO Tokens, a Digital Asset, Were Securities

#61
post #28

Earlier quoted context omitted.

This seems like an important distinction, i.e., between an ownership token and a "voucher token," assuming the latter is a token that gives the holder the right to some service. Curious how a groupon isn't a security if a voucher token is.

A groupon doesn't appreciate when the company succeeds.

Maybe a better example would be a concert ticket, beanie babies, or baseball cards.

Re: SEC Issues Report Concluding DAO Tokens, a Digital Asset, Were Securities

#62
post #51

Earlier quoted context omitted.

Same reason SEC exists. Because many people are easy to manipulate, and plenty of malicious people out there will convince (not force) them to invest in their ICO, etc.

Then we should limit who people can vote for, since voters are so easy to manipulate into voting against their own interests. The basic principles of liberal democracy assume that a person has an absolute right to make decisions for their own life. These kinds of restrictions are unconscionable restrictions on the right of free people to their personal autonomy.

We aren't allowed to murder people either, but for some reason, most of us don't consider that to be the antithesis of liberal democracy.

Re: SEC Issues Report Concluding DAO Tokens, a Digital Asset, Were Securities

#63

Earlier quoted context omitted.

Why? Nobody is forcing crypto currenency on anyone. I get that registered companies might have some other deal with the govenment and with hacker organisations, but a free and open (and non-country-bound) system should really not be 'managed' by some random organisation in a random country.

Same reason SEC exists. Because many people are easy to manipulate, and plenty of malicious people out there will convince (not force) them to invest in their ICO, etc.

Should not the individual be held responsible for making a poor decision? Taking the stance that we should be protected from every possible bad thing that can happen is a recipe for economic disaster. Especially when the one offering such protection is the one that manipulates us the most.

Re: SEC Issues Report Concluding DAO Tokens, a Digital Asset, Were Securities

#64
post #21

Earlier quoted context omitted.

Yes. The SEC is indicating that they're not going to apply this retroactively. Any upcoming Initial Coin Offering to US persons, though, is in trouble. Like all the ones listed here.[1] [1] https://www.icoalert.com/

it's not just US persons. Germany has securities laws, France has securities laws, etc. I mean that German equivalent of SEC can go after those selling securities to Germans without following German securities laws

Serious question: Do you know any countries AT ALL that have no securities commission, or one that doesn't strictly regulate sale of securities, while at the same time the country allows formation of a company?

Being that token sales are international, it would seem there is absolutely nothing illegal about opening a company in that country and offering securities. Even if the owners of the company are US citizens. Then you have the company pay YOUR company as its main supplier, as opposed to its parent.

Is anyone on HN familiar with such a country?

Re: SEC Issues Report Concluding DAO Tokens, a Digital Asset, Were Securities

#65
post #11

I'm not terribly happy with the decision, though I can't say I'm surprised. I enjoy the drama of the Wild West that is Ethereum and the rest of the cryptocurrency ecosystem. Minimal regulation encourages innovation, while regulated markets can exist for people who want stability and certain guarantees to prevent fraud (or at least make it difficult). I wonder what would happen if financial regulations became more "op…

There is no (useful) innovation in the ICO space. I would even want to argue that is makes a lot of innovation hard or impossible.

Re: SEC Issues Report Concluding DAO Tokens, a Digital Asset, Were Securities

#66

Removed. I'm not from the US.

I am not sure how that exempts anyone from anything. If you, as a Swiss company, issue tokens that are securities according to country X and sell them to citizens of country X without going through a securities offering, you are violating that country's securities laws and the fact that you are based in Switzerland I don't think is relevant

[deleted]

Re: SEC Issues Report Concluding DAO Tokens, a Digital Asset, Were Securities

#67

Removed. I'm not from the US.

I am not sure how that exempts anyone from anything. If you, as a Swiss company, issue tokens that are securities according to country X and sell them to citizens of country X without going through a securities offering, you are violating that country's securities laws and the fact that you are based in Switzerland I don't think is relevant

[deleted]

Re: SEC Issues Report Concluding DAO Tokens, a Digital Asset, Were Securities

#68
post #58

Earlier quoted context omitted.

There's no room for buyer beware? I mean c'mon. People participating in ICOs are still pretty sophisticated technically. Seems like we're regulating interactions between well informed consenting adults.

How familiar are you with the history of securities laws? Do you know why they were drafted? Every con artist in history has claimed that their mark knew what they were getting into.

DAOs and the JOBS act for sure open up opportunities for crooks to do some "boiler-maker-esque" stuff. I cannot disagree with that. And I do not doubt that gullible people can be hoodwinked by bad people. I would say that fraud and property theft can be handled on a case by case basis. That protecting hypothetical gullible crypto enthusiasts at the expense of the entire industry and putting up huge legal barriers to entry is the wrong move.

Re: SEC Issues Report Concluding DAO Tokens, a Digital Asset, Were Securities

#69
post #43

Earlier quoted context omitted.

The regulations put in place by the SEC are not to help companies, but to protect U.S. citizens from being scammed all the time. Sure, the wild west is fun, but if you are in an economic ecosystem where a large percentage is comprised of scammers/fraudulent companies, then it will be detrimental to long term success.

>but to protect U.S. citizens from being scammed all the time. US citizens shouldn't be treated like children that need to protected from their own stupidity.

Very smart people are scammed and conned all the time.

Re: SEC Issues Report Concluding DAO Tokens, a Digital Asset, Were Securities

#70
post #33

In another thread commenters speculated that ICO hacks were coming from inside jobs.. does this new SEC report change how the government would handle that? Is fraud of securities different from fraud over imaginary coins now?

Fraud is fraud, regardless of whether or not you're stealing securities, magical internet money, or baseball cards.

Certain types of fraud are still likely to garner more attention, particularly when there's a dedicated law enforcement organization tasked with it.
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