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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

#311

Earlier quoted context omitted.

So I see CoinList uses AngelList, which I think verifies accreditation via financial accounts. From what I've read, the SEC doesn't mandate any particular method to verify net worth. In this space, wouldn't it make sense to accept a signature proving ownership of a large ETH balance?

Doesn't help--could just have your wealthy friend sign for you.

Your wealthy friend could also loan you 1M for a bank statement. There must be trust of some kind, no?

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

#312

Earlier quoted context omitted.

Ah, the classic SV "he or she has a real adult life, and thus cannot understand my h4xx0r skillz" chestnut.

Real adult activities and hacking are extremely opposed endeavors. One can make time for both, but the prior probability is quite low that a person with a real adult life will also be on the cutting edge of technology.

If being on the cutting edge is microdosing and working 100 hours a week, to hell with that. Takes a rare person to prefer that to human interpersonal relationships and contact. Solidity contracts aren't going to love you back.

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

#313
post #34
post #10

Earlier quoted context omitted.

This literally changes nothing. Regulated companies already knew what the findings would be. Unregulated companies still don't care.

What is an "unregulated company"? A bunch of geeks in a US basement could get prosecuted. A bunch of geeks in a non-US basement illegally selling unregistered securities to US persons might, too. And, if they did it personally instead of through a limited liability company of some sort, and they are found liable for their investors' losses, that will be a personal liability.

> What is an "unregulated company"?

Something like a DAO contract that doesn't have an issuer (assuming the DAO had an issuer, not sure). Or a payout mechanism like zcash where the mining function pays out to founders wallets over time.

It seems inconsistent that ICOs are seen as securities whereas the underlying asset isn't. I think the differentiating factor is the degree of decentralization. If the SEC could shut down bitcoin they would. But they can't. So instead they'll go after ICO issuers who happen to be in the US. But many ICOs won't have to be in the US, or issued by humans for that matter.

Personally, the genie is out of the bottle. Value exists in the decentralized digital world, and it now has programmable properties. Trying to regulate securities has become the equivalent of regulating TCP packets. It can be done but at what cost..

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

#314

Earlier quoted context omitted.

Jesse from CoinList & Protocol Labs here -- completely agree that following securities regulation is an especially great idea. Unfortunately doing that correctly can be really challenging. Despite several misleading doom-and-gloom articles written today ( http://fortune.com/2017/07/25/sec-says-digital-tokens-are-se... ) the SEC has not said that all tokens are securities. Rather, application tokens are a promising ne…

So I see CoinList uses AngelList, which I think verifies accreditation via financial accounts. From what I've read, the SEC doesn't mandate any particular method to verify net worth. In this space, wouldn't it make sense to accept a signature proving ownership of a large ETH balance?

Yes, we accept cryptographic proof of ownership for accreditation purposes.

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

#315

Earlier quoted context omitted.

Is it still ok to use ICOs as as glorified Patreon or Kickstarter without worrying you'll run afoul of the securities laws? As long as no one is expecting profits from the tokens they buy from you. Where it gets strange is if your tokens are picked up by an exchange. What happens if someone buys your tokens with the expectation that they can sell them to someone else? Then the price of your tokens might rise, and the…

Im curious why would the price of tokens (which are not equity backed securities) rise? If I understand it right, your hypothetical is just a kickstarter project where a funding level reward is a "virtual token" and just as say a reward of a t-shirt this token doesn't represent equity in the project? Would anyone expect the value of the t-shirt to go up? Is it possible, yeah actually, imagine if Apple originated thro…

As far as I can see from observing the market, the expectation that literally any token will rise in price is evidenced in the market. If you doubt this just go to https://coinmarketcap.com/all/views/all/ which lists over 1000 different tokens, the first 300 of which have a market cap of over one million USD (e.g. HTMLCOIN). In other words, tokens do tend to increase in price after their launch, but only because people expect that their price will increase after launch. It's like the housing market in 2005, except the investment sums are relatively minuscule. It's a self-fulfilling prophecy, for the time being, and the issuers have nothing to lose. Only the buyers risk a loss.

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

#316

Earlier quoted context omitted.

That's not an externality. An honest business is not entitled to any customer's business. If the customer wants to squander their money away at the casino, leaving them with no money to spend at the honest business, they have that right. It's their money, and they are not obligated to spend it at the honest business. And in any case, the market for lemons is a theoretical exercise. It does not actually happen in real…

the point isn't about anyone's "rights" about having money spent on them/spending their money. The point is that everyone is worse off in a situation like this, both customer and (legitimate) business. It is a type of market failure, everyone loses.

I think this is a special case of Gresham's law that bad currency drives out good. The problem is information asymmetry. You may be trying to buy SEC securities, but if they are swamped with fakes, it causes huge friction costs to figure out whether to transact and that hurts the market. Only experts (accredited investors?) have the resources to play.

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

#317
post #211

Earlier quoted context omitted.

At one point, financial regulations were somewhat optional. The SEC was created to put an end to securities fraud, because it turns out that having no rules on speculation is a bad idea. Do we need to repeat history, just to prove that financial regulations are a good idea? We had a Depression once. I'd not like to do it again.

Are you saying the SEC would have prevented the depression?

It just did a few years ago.

So, yes.

It's easy to see why poor decisions repeat cyclically.

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

#318

Earlier quoted context omitted.

Ah, the classic SV "he or she has a real adult life, and thus cannot understand my h4xx0r skillz" chestnut.

Real adult activities and hacking are extremely opposed endeavors. One can make time for both, but the prior probability is quite low that a person with a real adult life will also be on the cutting edge of technology.

Not when it's one job to be on that cutting edge, and it's the SEC's job to be on the cutting edge of securities technology.

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

#319

Earlier quoted context omitted.

So I see CoinList uses AngelList, which I think verifies accreditation via financial accounts. From what I've read, the SEC doesn't mandate any particular method to verify net worth. In this space, wouldn't it make sense to accept a signature proving ownership of a large ETH balance?

Doesn't help--could just have your wealthy friend sign for you.

I believe that most people are wary of defrauding the United States government. It tends to throw the book at you when you do that.

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

#320
post #271

Earlier quoted context omitted.

Is it still ok to use ICOs as as glorified Patreon or Kickstarter without worrying you'll run afoul of the securities laws? As long as no one is expecting profits from the tokens they buy from you. Where it gets strange is if your tokens are picked up by an exchange. What happens if someone buys your tokens with the expectation that they can sell them to someone else? Then the price of your tokens might rise, and the…

Is there any advantage of using ICOs as as glorified Patreon or Kickstarter compared to just taking orders in ETH? Why are you issuing a token to begin with?

there are secondary community engagement and customer/user retention (lock-in?) benefits to using a token

if the token is part of or essential to a yet-to-be-developed app, but not themselves traded, I cannot see why there would be any sense of an investment. but I would in such cases never market the sale of such tokens as an ICO or crowdfunding. I would offer them up for sale, as a product pure and simple. buy now. use later.

i see it as selling an atari 2600 with no game cartridges, and then selling games later when available.

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