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“But the SEC let us go public” and other flawed arguments in Coinbase's defense

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471–480 of 557 posts

Re: “But the SEC let us go public” and other flawed arguments in Coinbase's defense

#471

Earlier quoted context omitted.

vitalik and the ethereum foundation hold less than 0.5% of the eth supply.

"Your Honor, I didn't murder the victim today , just a few years ago. Surely that doesn't count?" They crowdfunded $18M and used that to develop and issue tokens. It was clearly under their control at the time.

"Thou hast committed..." "Fornication? But that was in another country, and besides, the wench is dead."

Re: “But the SEC let us go public” and other flawed arguments in Coinbase's defense

#472

Earlier quoted context omitted.

It's important to note that event for the projects creating new tokens, there is NO WAY to register. It exists, in theory. Many people have tried, nothing has progressed even an inch. It's not even a matter of the SEC putting out a list of clear conditions that people deem unacceptable. Instead, the applications just seem to be mired in bureaucracy. As I understand, there is deliberate gaslighting from the SEC and Ga…

I'd love more details and a source about how all these people have tried and the applications get mired in bureaucracy. Does the process takes too long? Does the SEC demand information they don't have? Bureaucracy takes lots of forms, so something ending up mired in bureaucracy sounds like a bad thing but could also just be the bureaucracy working as designed. A drug manufacturer could describe a drug as "mired in bu…

You reach out to an agency (generally CFTC and/or SEC). An attorney from that agency eventually contacts your attorney. You have a conversation. You hear nothing back, so you reach out again. A different attorney reaches back out again months later and you rehash the same conversation again. Repeat for years. Best case scenario it goes nowhere and you do voluntary third party audit/compliance/monitoring to demonstrate good faith. Worst case scenario despite any good faith you get a notice because you were already on their radar and the newest attorney smelled blood instead of just wanting to talk again.

Re: “But the SEC let us go public” and other flawed arguments in Coinbase's defense

#473

Earlier quoted context omitted.

> I like how another commenter put it: "I think there is very little room for this sequence of events to be considered fine" - from a non-crypto-partisan, rule-of-law perspective. I would encourage you to consider your own priors and read the feedback that you're getting on this idea as well. In spite of your attempts to cut off opposition, there are a lot of very well-reasoned arguments for the SEC's approach.

> In spite of your attempts to cut off opposition, there are a lot of very well-reasoned arguments for the SEC's approach. Which ones do you find convincing?

Take your pick. You've so far only replied to the people calling you out for trying to cut off discussion, not to the people who are actually taking on the claims you consider to be so ironclad.

I'm personally not invested enough (or knowledgeable enough) in this topic to debate you on it, but if you're so sure of your position you'd do well to get out there and defend it.

Re: “But the SEC let us go public” and other flawed arguments in Coinbase's defense

#474
post #442

Earlier quoted context omitted.

It's important to note that event for the projects creating new tokens, there is NO WAY to register. It exists, in theory. Many people have tried, nothing has progressed even an inch. It's not even a matter of the SEC putting out a list of clear conditions that people deem unacceptable. Instead, the applications just seem to be mired in bureaucracy. As I understand, there is deliberate gaslighting from the SEC and Ga…

Did anyone actually try? https://www.sec.gov/education/smallbusiness/goingpublic/regi... Is there a blog somewhere put out by one of these companies with their back-and-forth? It would be informative reasoning.

Yes. See the Reg A token sale filing docs on the SEC Edgar system for the STX token [1].

Disclaimer: I work on STX and its blockchain

[1] https://www.sec.gov/Archives/edgar/data/1693656/000110465919...

Re: “But the SEC let us go public” and other flawed arguments in Coinbase's defense

#475

Earlier quoted context omitted.

It's important to note that event for the projects creating new tokens, there is NO WAY to register. It exists, in theory. Many people have tried, nothing has progressed even an inch. It's not even a matter of the SEC putting out a list of clear conditions that people deem unacceptable. Instead, the applications just seem to be mired in bureaucracy. As I understand, there is deliberate gaslighting from the SEC and Ga…

There is nothing in the law that explicitly prevents the registration of a cryptocurrency. The problem is that the people making them are not able to answer the kinds of questions the SEC asks. How many cryptocurrency companies do you know of that could pass an audit? Even when ICOs aren't out-and-out scams I have never encountered one transparent enough for me to want to touch it with a ten foot pole. Why should the…

STX did. SEC reg A sale docs: https://www.sec.gov/Archives/edgar/data/1693656/000110465919...

Disclaimer: I work on STX and its blockchain

Re: “But the SEC let us go public” and other flawed arguments in Coinbase's defense

#476
post #2

It is scary to me how much legislating is done by these government bodies inside the (executive ?) branch. I do sympathize with anyone trying to get clear requirements in black and white terms of what is and isn’t acceptable . I think this is more of a systemic failure.

> clear requirements in black and white terms of what is and isn’t acceptable. I’ll give you the benefit of the doubt and assume you have been misled by this frequently made claim. It’s just not true. The requirements have been clearly stated for a long time, they’re just not what people in the crypto space want to hear, so they pretend the guidance and law doesn’t exist. This document dates from 2019 and lays out in…

I wish I could upvote this a couple of dozen times, because it's really the core of the issue. All this "the SEC won't give us guidance" is theater.

Re: “But the SEC let us go public” and other flawed arguments in Coinbase's defense

#477
post #475

Earlier quoted context omitted.

There is nothing in the law that explicitly prevents the registration of a cryptocurrency. The problem is that the people making them are not able to answer the kinds of questions the SEC asks. How many cryptocurrency companies do you know of that could pass an audit? Even when ICOs aren't out-and-out scams I have never encountered one transparent enough for me to want to touch it with a ten foot pole. Why should the…

STX did. SEC reg A sale docs: https://www.sec.gov/Archives/edgar/data/1693656/000110465919... Disclaimer: I work on STX and its blockchain

Hmmm, I see that Stacks has 2 seed rounds, a series A, and a VC round all separately listed prior to the token fundraising. Good to see you were able to be partly successful at traditional raising, at least enough to afford the lawyers and the filing fees, before you had to raise from tokens. Not every one has those opportunities or connections.

Re: “But the SEC let us go public” and other flawed arguments in Coinbase's defense

#478
post #391

Earlier quoted context omitted.

If there’s no way to register, why did they proceed?

Someone once told me it costs like $60K to register a crypto as a security... A chicken and egg problem. How will you get $60K without an ITO? Yet if you have an ITO in order to raise the $60K that you need to register your ITO legally, you're already in breach. It has similar vibes as the US law which only allows accredited investors to invest in fast growing startups... 'To protect mom and pop investors' yeah right…

[dead]

Re: “But the SEC let us go public” and other flawed arguments in Coinbase's defense

#479
post #455

Earlier quoted context omitted.

> "Kid-friendly" but really kid-robbing, though I worked in an arcade growing up, and you're not wrong about a lot of them--but pinball doesn't fall into that bucket. Every pinball machine I've ever seen is played pretty straight. Sometimes they have nasty game mechanics, but they don't have the issues you describe here (which is much more in the pseudogambling, Dave and Buster's style of games).

What frequently happens with pinballs though is that the score you need to get a free replay adjusts automatically so that the ratio of free games stays at a certain target percentage.

Absolutely true. That said, in practice, if you can hit a high score (usually extremely high anyway), you can hit the next one. It doesn't get harder to do, you just have to be consistent.

Re: “But the SEC let us go public” and other flawed arguments in Coinbase's defense

#480

Earlier quoted context omitted.

The '33 and '34 Acts give the SEC the ability to write the regulations, via wording like "under rules and regulations which the Commission shall prescribe". Congress defines a variety of things, but the SEC makes most of the nitty gritty procedure/rules out of those definitions and directives. The Howey test exists because the SEC enforced said new-ish regulations against someone, and the court agreed with them, hold…

> the SEC makes most of the nitty gritty procedure/rules out of those definitions and directives The violations the SEC describes in its complaint (¶ 8) are not nitty gritty. It's all bare-boned Exchange Act malfeasance.

Agreed, but entirely irrelevant to the point at hand.
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