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SEC Claims All of Ethereum Falls Under US Jurisdiction

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Re: SEC Claims All of Ethereum Falls Under US Jurisdiction

#31

This sounds like bad news but I see it as good news. The only way the SEC can go after fraudsters is to have jurisdiction over what they have done. The SEC can now go after the frauds against Ethereum users no matter where the fraud was committed. Crypto will never be a legitimate investment class if people can't trust that they will get their investment back. It's also impossible for it grow to fill a need without t…

If you take that angle then crypto will still never be a legitimate investment class either way, because all of it (including BTC and ETH and everything else) is a giant fraud predicated on the falsehood that it is "decentralized" and somehow that makes it unregulated. There is no other reason for it to exist. This is just another nail in the coffin, they can't lie about it anymore. If crypto-land really wants to fol…

Wouldn’t it make more sense to legalize the market?

Re: SEC Claims All of Ethereum Falls Under US Jurisdiction

#32

Earlier quoted context omitted.

That's missing the point, I think. Cryptocurrency applications and services are of course subject to the laws of local jurisdictions in which they operate. But for a decentralized protocol, what law enforcement can do is limited. Maybe better to consider the same problem in a different domain: encryption. A court can order you to give up your encryption key or password. They can even do this if you don't know or have…

I don't think this works because even if a transaction is irreversible, the court could still impose monetary damages, if it has jurisdiction. Or some other penalty. And it seems hard to keep US machines (or any other country) out of a permissionless distributed algorithm? Effectively, any country could claim jurisdiction pretty easily, if it wanted, by adding a machine to the network.

I agree on the first point. I think this is fully compatible with what I said too.

Re: SEC Claims All of Ethereum Falls Under US Jurisdiction

#33
post #24

Earlier quoted context omitted.

That's missing the point, I think. Cryptocurrency applications and services are of course subject to the laws of local jurisdictions in which they operate. But for a decentralized protocol, what law enforcement can do is limited. Maybe better to consider the same problem in a different domain: encryption. A court can order you to give up your encryption key or password. They can even do this if you don't know or have…

> but they can't force you to decrypt it if the key is lost or you don't give in. A very US-centric view is it not? Many places can force you to decrypt something by law. In fact the US does on entry to the country and can refuse entry if you do not comply. > there ain't shit they can do to actually enforce that demand. Watch forks become more commonplace and "official" forks being recognised and non-official forks b…

> A very US-centric view is it not? Many places can force you to decrypt something by law. In fact the US does on entry to the country and can refuse entry if you do not comply.

I must not be explaining well, because you're saying the same thing I am. There can be consequences for refusing to comply, ranging from being turned away at the border to being thrown in jail, all the way to, in some countries, torture and execution. That's how the government gets you to comply.

But--here's the critical point--your compliance is required to actually decrypt the email/drive/whatever. This is unlike, say, a cloud hosting provider where the government can just show up with a warrant or probable cause and get the data without your involvement. With strong encryption your data is protected by math, and the math insures that the government or whoever has to go through you to get it. No exceptions. They might throw you in prison for the rest of your life, or threaten to kill your family to get you to give up the encryption keys. But they do need to get you to comply to get access to the decrypted data.

Likewise with blockchain technology. A court or law enforcement agency can't just appropriate stolen bitcoin. They have to either (1) recover the keys, or (2) have the thief pay an equivalent amount in reparations. What I'm saying is that they can't just show up at the Bank of Bitcoin with a warrant and request a stop payment, recovering the funds that way as they're used to with the legacy financial system. The blockchain is irreversible even in the face of the law, for reasons rooted either in physics (proof-of-work) or math (staking).

> The courts will have the power to force blockchains to reverse transactions or other fraud this way - at a technical level still quite difficult but if it becomes law then solutions to make it easier will be created.

No, at a technical level it is impossible. You could no more do this than legislate that pi=3 or raise the speed of light.

Re: SEC Claims All of Ethereum Falls Under US Jurisdiction

#34

Earlier quoted context omitted.

I'm discussing the law, not an analogy. It's a real system that was made in the United States. You don't have to be a company to be subject to the law. If you make something in a country, it's subject to that country's laws. Think about it: you're basically suggesting that if you call something "a protocol," somehow it's no longer subject to the rule of law. We go through "well yeah but it's not a" every couple of ye…

> It's a real system that was made in the United States Not sure that's true (most of the founder folk appear to be non-US based, and the foundation is Swiss if I'm not mistaken), nor is it what the US Govt is claiming. The SEC appears to be saying "45% of the validator nodes on the network are US based, therefore the transactions happened here, and our laws apply". Which is a horribly bad statistical assumption by a…

> Not sure that's true (most of the founder folk appear to be non-US based, and the foundation is Swiss if I'm not mistaken)

Sorry, I could have been more clear when writing. This was my fault.

I meant this physically. The network nodes are physical, and they're in the United States.

If you are from France, you go to Japan, buy a bunch of arcade machines, then bring them to the US, and make an arcade company, I'm likely to say you built your company here, even though you did your planning, financing, and purchasing somewhere else.

That's (as far as I can see, maybe I'm wrong) what the SEC is actually arguing - a substantial portion of the physical network has been built here, therefore our laws apply.

As far as I know, that's just a core concept in the law. Where the thing happens, physically, determines which laws the thing is subject to, worldwide.

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> The SEC appears to be saying "45% of the validator nodes on the network are US based, therefore the transactions happened here, and our laws apply". Which is a horribly bad statistical assumption by an agency that would, one hopes, employ actual mathematicians.

This is the norm in the legal system.

I'm actually not entirely certain what assumption is being made here, or how mathematicians would be involved. Maybe this is because there's something I don't understand about the Eth network. I'm worried I'm missing something, or discussing the wrong thing.

I thought from reading the document that this was just them saying "we know who these nodes are, they're American, and let's divide." Am I misunderstanding?

As far as I understand it, what they're saying is "if any ETH goes over American nodes, then American law has to be considered when trying to figure out if ETH is legal in America." I believe that's entirely correct.

I believe the observation they're actually making is "a bunch of Americans using American nodes are on this network - nearly half of it - so since that's at least one, it applies."

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> this feels like an exact reminder of why centralization (Even at the country level) is bad

As a gentle reminder, this was what Ross Ulbricht said, was that the rule of law was bad because he didn't like it, and therefore we should decentralize to evade the law.

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There's a tendency, in my opinion, for these discussions to focus a lot on why each person thinks everyone else's opinion is wrong.

I'll ask you directly. What do you think is right, here? I personally think that's a lot harder to answer.

Should Ethereum, or if you prefer individual transactions, be bound to any country's laws? If so, which ones? If not, why not? If this isn't the right question to ask, can you suggest a better one to me?

I think that after people have answered what they think is right, they'll find it's pretty similar to what people are saying is wrong.

I am not able to see much wiggle room here. As I see it, if any decision is to be made, then the answer basically has to be one (or more) of the following:

1. The country where the hardware is running gets to set the laws

2. The countries where the transaction is happening get to set the laws

3. Both 1 and 2 (this is what I believe current international law supports)

4. No laws apply

5. The scale is something different than "country," but otherwise still 1-3

It's not clear to me what other options even exist. (Maybe I'm missing stuff?)

I think that as soon as people try to look for anything other than those five, and realize that something has to be chosen, they might start coming to some different viewpoints.

Do you prefer one of those five? If not, do you have an alternative, or maybe a replacement question?

I don't think almost anyone actually wants a lawless anarchy like in #4. But also, I think this discussion is rejecting countries as arbiters of laws here on the presumption that that's somehow obviously wrong, and it's not obvious at all, to me. Who else would do this but governments?

Just my beliefs, though. I'm happy to be wrong, and if you can think of a sixth option, I would like to know what it is, even if you don't think it's the right choice.

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I also have a really hard time with the amount of pollution this is all dumping, even after POS, to be honest. I think that gets downplayed too much. It's why I've never been willing to participate.

Just the ETH POW -> POS change dropped a third of a percent of the entire planet's power, they said, and that doesn't quite half-fix the consumption.

A third of a percent of the entire planet, for less-than-half-fixed, for the second largest network.

Two large countries' worth of pollution to, in effect, run a stock trading simulation.

Here, we debate whether the transactions should be subject to the laws of the countries.

I honestly am not certain that I think any of this stuff will be legal in ten years, with the massive environmental damage it's doing in climate change's 11th hour.

Pakistan's under water, the Great Salt Lake is about to be a dust bowl, the Atlantic Deep Water Formation is failing, we lost Antarctica's three largest ice shelves this year ten years early (conger, thwaites, glenzer,) the Colorado River is drying up, most hydro dams can't produce much power anymore, &c. Food's getting expensive, that's the world's #1 predictor of war, historically, and it looks like it's only going to get worse. I could write this paragraph for pages.

We're starting the real environmental problems, and it will speed up every year. The pitchforks are coming soon, people will want to place blame, and they aren't going to stop with the Koch brothers.

I know I sound extreme when I say this, but I believe we will live to see a time where waste of pollution for personal wealth gain will be seen as criminal, because that's going to be the only practical way to stop the carbon economy, and look what the alternative is. I say this because even the Federal Government is saying "we have less than ten years left" and nothing is changing.

There's nothing ethically wrong with blockchain on a clean grid, but the grid isn't clean, and this bragging about 50% stuff is a clear sign that we can't have honest discussions when money is in play. People like to measure how much of it is solar, but PV solar is 76% natural gas backed on average, US DOE numbers, and CSP 71%, something absolutely nobody wants to face. Wind's hardly different

"It's difficult to get a man to understand something when his salary depends on not understanding it." - Upton Sinclair

Re: SEC Claims All of Ethereum Falls Under US Jurisdiction

#35
This is going to encourage US-based Ethereum users to stop runnning nodes, and users outside of the US to start running nodes, just to weaken the SEC's outrageous argument. The narrow-minded attempt by the SEC expand its jurisdiction, and by extension, budget, is going to cause long-term harm to US innovation and competitiveness.

Another option is for the entire Ethereum network to cloak itself behind an onion-routing network, which given the evident desire by many people to prevent people from using cryptocurrency and force them to submit to centralized regimentation of private financial interaction - even at the expense of basic internet freedoms - may be a prudent step to take.

Re: SEC Claims All of Ethereum Falls Under US Jurisdiction

#37

This sounds like bad news but I see it as good news. The only way the SEC can go after fraudsters is to have jurisdiction over what they have done. The SEC can now go after the frauds against Ethereum users no matter where the fraud was committed. Crypto will never be a legitimate investment class if people can't trust that they will get their investment back. It's also impossible for it grow to fill a need without t…

As long as the SEC (and the rest of the US government) limits itself to going after solely fraud, that might be ok. But inherently falling under US law means being controlled by the US government and that is exactly the OPPOSITE of what crypto is meant to be about. If you have to do KYC, trade only with approved counter-parties, pay fees and taxes not due in your actual location, and be subject to US sanctions and US decisions what is the point of any of this?

Re: SEC Claims All of Ethereum Falls Under US Jurisdiction

#38

I'm confused. Is the idea here that something from the United States is not bound by United States law because the person who made it doesn't want it to? Google's also bound by US law. They're also international This is just how the law works. What am I missing? Why does Ethereum get to be above US law?

The English language is from England. So is it fair and right that you can only use it if you agree to be subject to english law? To pay english taxes to the english crown?

Re: SEC Claims All of Ethereum Falls Under US Jurisdiction

#39
post #2

This battle was always hanging far off in the fog of the horizon, and now it's coming into the spotlight for primetime. Can technology defeat the bureaucrats of the United States Government? Time will reveal all.

If the US government goes to war with crypto, it’s not going to be a long fight. The exodus of corporate capital from the ecosystem will be a fatal blow to crypto prices and projects.

Rule number one is don’t fight the IRS.

Re: SEC Claims All of Ethereum Falls Under US Jurisdiction

#40

This is going to encourage US-based Ethereum users to stop runnning nodes, and users outside of the US to start running nodes, just to weaken the SEC's outrageous argument. The narrow-minded attempt by the SEC expand its jurisdiction, and by extension, budget, is going to cause long-term harm to US innovation and competitiveness. Another option is for the entire Ethereum network to cloak itself behind an onion-routin…

I’d make the opposite argument. Losing ETH will allow US devs and companies to work on actual technologies which are useful for society broadly.
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