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Investor Bulletin, July 25: Initial Coin Offerings

sec.gov

21–30 of 50 posts

Re: Investor Bulletin, July 25: Initial Coin Offerings

#21

Earlier quoted context omitted.

Annoyingly enough, that's not sufficient to make those ICOs scam. The easiest counterexample would be Ethereum itself, who had a teenager as its public face, and raised large amounts of funds on top of mostly just a whitepaper, yet turned out to actually deliver all the crazy stuff they promised.

> deliver all the crazy stuff they promised. I dunno; I'm still trying to figure out whether it's a great idea or the worst idea. I don't want to have to do a code review on my investments; at large enough scale, lawyers are way cheaper than losing money.

Lawyers perform code review on contracts. Sadly, they don't have debuggers or reference compilers, just written language definitions and consultable output collections.

Re: Investor Bulletin, July 25: Initial Coin Offerings

#22

I wrote an in-depth analysis of this bulletin and its associated report on The DAO: https://medium.com/@andrew311/thoughts-on-the-secs-initial-c... In the post, I explore what constitutes a security by examining case law and draw comparisons to other means of raising money for companies that are typically outside the purview of securities (gift cards, Kickstarter). Hopefully this helps provide perspective.

Not written by a lawyer. This really needs an analysis from a securities lawyer.

The SEC concluded that the DAO was a security, but that they were not going to take action on it. That's within their discretionary authority. They may simply decided that they weren't going to go after this issue retroactively. They've now published some guidance on the subject, so future issuers can't claim there were no rules in that area.

Expect the SEC to go after somebody who does an initial coin offering and converts the money to their own use, without generating any benefit for the investors.

Re: Investor Bulletin, July 25: Initial Coin Offerings

#23
post #21

Earlier quoted context omitted.

> deliver all the crazy stuff they promised. I dunno; I'm still trying to figure out whether it's a great idea or the worst idea. I don't want to have to do a code review on my investments; at large enough scale, lawyers are way cheaper than losing money.

Lawyers perform code review on contracts. Sadly, they don't have debuggers or reference compilers, just written language definitions and consultable output collections.

> Sadly, they don't have debuggers or reference compilers, just written language definitions and consultable output collections.

Why on earth would you want this? That's tantamount to replacing the court system itself, and I definitely prefer juries and judges to compilers and debuggers.

Re: Investor Bulletin, July 25: Initial Coin Offerings

#24
post #4

Earlier quoted context omitted.

Not prescient, real. There have been ICOs where the blockchain wasn't running yet. That's just a "send us your money" scam.

Annoyingly enough, that's not sufficient to make those ICOs scam. The easiest counterexample would be Ethereum itself, who had a teenager as its public face, and raised large amounts of funds on top of mostly just a whitepaper, yet turned out to actually deliver all the crazy stuff they promised.

> Ethereum .. turned out to actually deliver all the crazy stuff they promised

I'm just a bystander in all this but I distinctly remember the phrase the code is law bandied about, followed by a hard fork.

Re: Investor Bulletin, July 25: Initial Coin Offerings

#25

The SEC uses quite a mild language here. Issuers often avoid mentioning even what they sell: revenue flow, profit, or just hashes. White papers has no traces of legal entities involved, dispute resolution jurisdiction, financial statements. A proper prospectus: - https://www.sec.gov/Archives/edgar/data/1447599/000119312515... And how ICO white papers look like: - https://detectortoken.com/docs/DetectorToken_White_Pap…

The cryptocurrency community is hilariously bad (well, it would be funny if people weren't getting fleeced) about putting blog posts through Latex and acting like they've written a "paper". The people who have written dozens of real papers that end up in a dustbin somewhere are jealous. The funny thing is most of these docs would be more accessible as blog posts, but those don't provide the same faux-academic thing c…

Could be a new idoimatic phrase:

"And if you believe that then have I got a paper for you..."

Re: Investor Bulletin, July 25: Initial Coin Offerings

#26
post #4

Earlier quoted context omitted.

Not prescient, real. There have been ICOs where the blockchain wasn't running yet. That's just a "send us your money" scam.

Annoyingly enough, that's not sufficient to make those ICOs scam. The easiest counterexample would be Ethereum itself, who had a teenager as its public face, and raised large amounts of funds on top of mostly just a whitepaper, yet turned out to actually deliver all the crazy stuff they promised.

i agree with you but in ethereum's case they had several beta versions before the raise

Re: Investor Bulletin, July 25: Initial Coin Offerings

#27
post #21

Earlier quoted context omitted.

Lawyers perform code review on contracts. Sadly, they don't have debuggers or reference compilers, just written language definitions and consultable output collections.

> Sadly, they don't have debuggers or reference compilers, just written language definitions and consultable output collections. Why on earth would you want this? That's tantamount to replacing the court system itself, and I definitely prefer juries and judges to compilers and debuggers.

Whoosh

Re: Investor Bulletin, July 25: Initial Coin Offerings

#28

I don't have anything to add to this discussion, but I just wanna say that I'm impressed by the bulletin's clarity. I'm used to reading government information that's difficult to parse and dive into. It's easy to fall into a belief that government agencies don't really know what they're doing, and it's just a bunch of monkeys banging at typewriters, but seeing clearly written posts discussing current and relevant eve…

$1.7B has been raised so far this year... it's a big deal.

Re: Investor Bulletin, July 25: Initial Coin Offerings

#29
post #2

> Ask whether the blockchain is open and public, whether the code has been published, and whether there has been an independent cybersecurity audit. That's an entirely prescient statement that suggests the SEC has done a serious bit of homework and has put careful thought into the subject.

The fact that they've grammatically classified the noun "blockchain" correctly makes me agree. There is more than one blockchain! I don't know why the copy editors as news orgs believe otherwise. Someone smarter than, please let me know if I'm wrong!

Re: Investor Bulletin, July 25: Initial Coin Offerings

#30

Earlier quoted context omitted.

Annoyingly enough, that's not sufficient to make those ICOs scam. The easiest counterexample would be Ethereum itself, who had a teenager as its public face, and raised large amounts of funds on top of mostly just a whitepaper, yet turned out to actually deliver all the crazy stuff they promised.

i agree with you but in ethereum's case they had several beta versions before the raise

...followed by a few alpha versions after the raise.
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