News for hackers. Stuff that matters.
Re:The SEC has told us it wants to sue us over Lend. We don’... by bjackman on Wednesday September 08, 2021 @04:14AM (#28454474)
I'm not an expert here but I read their argument as they don't expect this lending to be regulated as "investment" because the capital is not in theory at risk. So it's more like a savings account than an investment account.

That's the impression I got from the article, but reading other comments in the thread it doesn't seem like that's an at all relevant definition of the term!

Re:The SEC has told us it wants to sue us over Lend. We don’... by JumpCrisscross on Wednesday September 08, 2021 @09:23AM (#28456596)
> the capital is not in theory at risk

The capital is in theory at risk. The DeFi protocol could get hacked. Coinbase could get hacked. Coinbase could steal your money. Coinbase could go bankrupt.

The fact that their marketing leads reasonable people like you to compare Lend to a savings account with no risk, even in theory, is the choking canary of the mess.

Re:The SEC has told us it wants to sue us over Lend. We don’... by tw04 on Wednesday September 08, 2021 @09:40AM (#28456790)
Sure, they want to rewind to a time when your bank account was unsecured and banks themselves had 0 regulation. Because it's a heck of a lot easier to make money when you can take massive risks with other people's money while lying to them and claiming there's no risk at all.
Re:The SEC has told us it wants to sue us over Lend. We don’... by hajile on Wednesday September 08, 2021 @10:05AM (#28457174)
Central banking is itself insecure.

In 2008, the banks failed. They put a gun to the heads of everyone in America and said "bail us out or you lose everything". So the bankers kept all their profits and everyone else lost big.

That is just one of many central bank failures. The only difference from the many small bank system that came before is that instead of a bank here or there failing and everyone else moving on, all banks fail at the same time. Don't count on that FDIC money either. It is setup as if only one or two banks will partially fail at any given time. In massive failures, there's not enough money to secure what they promise to secure (thus the gun to your head).

The real answer is to do away with the fractional reserve lending where a bank gets $100 and then proceeds to loan out $900. That would require banks to have much smaller profit margins and maybe even become not-for-profit entities, but we certainly can't entertain that idea..

Re:The SEC has told us it wants to sue us over Lend. We don’... by throwaway34241 on Wednesday September 08, 2021 @12:08PM (#28459127)
> So the bankers kept all their profits and everyone else lost big.

I believe the government actually made a profit on the bailouts (the TARP program), probably because they bought while prices were low. Not that there isn’t a lot to criticize about how things went down.

I wouldn’t put too rose-colored-glasses on the pre-central bank era either, we still had financial panics and bank failures and the fact that the world is more globalized/interconnected now is probably true regardless of if we have a central bank or not.

> The real answer is to do away with the fractional reserve lending

I saw an interesting thought experiment related to this a while back.

Say country A is careful about making loans, and B is less careful. Country B takes out 300% more loans, and runs into a huge bad debt problem, and has to write down 20% of the total of all lending. Say people lose 20% of their bank accounts (maybe because the currency depreciates after a bailout).

Which country was more responsible? Country A right?

But if you look at the results, after the write down, country B has 240% as much stuff (housing, infrastructure, etc). And the people there also have 240% as much savings in the bank, since that’s mostly bank credit backed by debt.

The author made the argument that country A resembled Russia and county B resembled China.

Examples like this make me feel that the most responsible way to handle debt (at least at the public policy level) is not really very clear, since even doing things that seem responsible can have huge costs in the end.

Re:The SEC has told us it wants to sue us over Lend. We don’... by KuhlMensch on Thursday September 09, 2021 @12:38PM (#28471613)
Interesting. Remeber where you read the though experiment?
Re:The SEC has told us it wants to sue us over Lend. We don’... by throwaway34241 on Friday September 10, 2021 @05:01PM (#28486841)
I don't remember where I read that, sorry. On the general topic though I can recommend Ray Dalio (a retired guy who founded the largest hedge fund), who has some pretty good free stuff online that isn't too jargon heavy.

For example his video at [1] is a pretty time efficient introduction to country-level debt dynamics (and it's endorsed by some high level people like the Khan Academy guy), and he also has a free book [2] that goes into detail for bunch of historical cases.

[1] https://economicprinciples.org/

[2] https://www.principles.com/big-debt-crises/

Re:The SEC has told us it wants to sue us over Lend. We don’... by toomuchtodo on Wednesday September 08, 2021 @10:24AM (#28457482)
Your issue is not with the central bank. It is with the social contract a nation state has with its citizens (which is expressed through monetary policy), which can't be solved through code.
Re:The SEC has told us it wants to sue us over Lend. We don’... by frm210 on Sunday September 12, 2021 @09:53PM (#28507044)
The social "contract" is only useful up to the point that it is enforceable. Cryptography can in fact hide much from the state.
Re:The SEC has told us it wants to sue us over Lend. We don’... by phkahler on Wednesday September 08, 2021 @11:30AM (#28458556)
>> The real answer is to do away with the fractional reserve lending where a bank gets $100 and then proceeds to loan out $900.

That is simply not true. It's a fiction (of sorts) told by people who feel fucked by the financial system.

Re:The SEC has told us it wants to sue us over Lend. We don’... by hajile on Wednesday September 08, 2021 @01:54PM (#28460707)
It is basically true.

I work hard and get paid $100 for what I did. I then deposit $100.

The bank loans $90 to person X.

Person X gives the money to person Y for some good or service.

Person Y deposits $90 and now there is $190 in the bank.

The bank loans $81 to person X+1.

Person X+1 gives the money to person Y+1 for some good or service.

Person Y+1 deposits $81 and now there is $271 in the bank.

The bank loans $72.90 to person X+1.

...

The last person deposits and there is now $900 in the bank when only $100 worth of actual work has been done. $900 has been printed out of nothing and the original $100 has been devalued.

I get 0.05% interest off my hard work while the bank gets 5-25% interest off of $900 in imaginary money (future earnings, whatever).

If I printed $900 and loaned it out, I'd be arrested.

Re:The SEC has told us it wants to sue us over Lend. We don’... by joshuamorton on Wednesday September 08, 2021 @02:16PM (#28461028)
> The last person deposits and there is now $900 in the bank when only $100 worth of actual work has been done. $900 has been printed out of nothing and the original $100 has been devalued.

Are you claiming that when person x gives $90 to person y for some good or service, no work was done?

It seems to me that there were 3 transactions totalling 271$ in goods or services rendered, and $271 put into the bank.

> If I printed $900 and loaned it out, I'd be arrested.

Yes, because you aren't subject to the various banking regulations. Oftentimes privileges come with responsibilities.

> I get 0.05% interest off my hard work while the bank

Well of course, leaving your money in a savings account is kinda dumb. You too should invest it in a more active way if you want to make a profit.

Re:The SEC has told us it wants to sue us over Lend. We don’... by phkahler on Wednesday September 08, 2021 @04:51PM (#28462894)
What you're really complaining about is the bank lending out money. There is no way to know if deposit X+1 is money that was already loaned out. Your accounting of the work done is plain wrong - each of the people in the chain (person Y for example) did some real work and got paid for it (otherwise why did X pay Y at all?). If whomever paid you the $100 got it from a bank, that doesn't invalidate the work you did.

What you're describing is related to the "velocity of money" and "propensity to save" which are odd concepts but also one of the most direct ways behavior effects the economy.

>> If I printed $900 and loaned it out, I'd be arrested.

The bank didn't print one damn thing in your example. They loaned out money that people gave them as deposits.

Re:The SEC has told us it wants to sue us over Lend. We don’... by rspeele on Wednesday September 08, 2021 @04:00PM (#28462289)
You claim the original $100 has been devalued. But has it? Person X, person X+1, etc. all owe money to the bank to pay back their loan. So it's not like we're all suddenly swimming in cash in this new $1000 economy and nobody cares about your little $100 anymore. When you sum the value in everybody's account, including debts, you still get $100 total. And cash looks pretty desirable to all those debtors.
Re:The SEC has told us it wants to sue us over Lend. We don’... by morpheos137 on Wednesday September 08, 2021 @02:02PM (#28460824)
I think it is more people who are ignorant about how monetary economics works. Try living in an economy without fractional reserve banking. You'll find credit is very hard to come by and interest rates are high.
Re:The SEC has told us it wants to sue us over Lend. We don’... by spiralx on Wednesday September 08, 2021 @02:37PM (#28461302)
Fractional reserve banking doesn't apply to the modern economy though, because we no longer use commodity-backed money where the economy is based on shuffling round physical tokens. Money is created by banks lending money when they update your balance.

https://www.bankofengland.co.uk/-/media/boe/files/quarterly-...

> This article explains how the majority of money in the modern economy is created by commercial banks making loans.

> Money creation in practice differs from some popular misconceptions — banks do not act simply as intermediaries, lending out deposits that savers place with them, and nor do they ‘multiply up’ central bank money to create new loans and deposits.

> In the modern economy, most money takes the form of bank deposits. But how those bank deposits are created is often misunderstood: the principal way is through commercial banks making loans. Whenever a bank makes a loan, it simultaneously creates a matching deposit in the borrower’s bank account, thereby creating new money.

Re:The SEC has told us it wants to sue us over Lend. We don’... by phkahler on Thursday September 09, 2021 @11:57AM (#28471114)
That link is rather disturbing. They clearly state that money is created when a bank "makes a loan" and simultaneously creates a deposit in your account. In other words, they enter an amount in your account and simultaneously an IOU to themselves to redeem later.
Re:The SEC has told us it wants to sue us over Lend. We don’... by morpheos137 on Wednesday September 08, 2021 @02:49PM (#28461452)
What part of this is not fractional reserve banking?
Re:The SEC has told us it wants to sue us over Lend. We don’... by Sohcahtoa82 on Wednesday September 08, 2021 @01:44PM (#28460547)
> The real answer is to do away with the fractional reserve lending where a bank gets $100 and then proceeds to loan out $900.

To completely eliminate fractional reserve lending would be economic suicide. Without fractional reserves, lending gets incredibly expensive. Interest rates would have to be sky high to quickly recuperate money distributed from a loan to be able to fund further loans.

Should we raise the minimum reserve? Maybe. But the 2008 crash was caused just as much by people taking out mortgages they couldn't possibly afford. We really need to teach financial literacy and planning in our high schools to prevent people from being taken advantage of from banks that just want to sell as many loans as possible under the assumption that if a borrower defaults, they'll still come out ahead after foreclosure since real estate is assumed to nearly always appreciate.

Re:The SEC has told us it wants to sue us over Lend. We don’... by corey_moncure on Wednesday September 08, 2021 @09:58AM (#28457065)
The inverse take on this is that entrenched rich interests made all their money during such periods and have now used regulation to "pull up the ladder behind them". People who are foolish with their money will always find a way to lose it.
Re:The SEC has told us it wants to sue us over Lend. We don’... by SpicyLemonZest on Wednesday September 08, 2021 @11:10AM (#28458234)
Coinbase is worth $50 billion. I like Brian Armstrong more than I like the typical finance CEO, but his company is definitely an entrenched rich interest, and if we treat them as a scrappy underdog we're going to let them get away with things they probably shouldn't. You should be skeptical on principle when a billionaire tells you that a financial regulator is being unfair to them.
Re:The SEC has told us it wants to sue us over Lend. We don’... by itsme24543 on Wednesday September 08, 2021 @11:43PM (#28465951)
in fact they make a lot of money from institutional investors https://www.theblockcrypto.com/post/116855/inside-coinbases-..., so def not an underdog.
Re:The SEC has told us it wants to sue us over Lend. We don’... by cyanydeez on Wednesday September 08, 2021 @10:40PM (#28465603)
thats basically what uber did to the taxi system and it worked.

but ir the srgument is its a savings account then theres regulatory structures for that which i doubt they are covered either.

people ultimately praise "disruption" itself when half the time its mostly breaking laws that may or may not have grown excessive redtape

Re:The SEC has told us it wants to sue us over Lend. We don’... by dzamo_norton on Thursday September 09, 2021 @02:43AM (#28466987)
> thats basically what uber did to the taxi system and it worked.

Modulo any discernible path to profitability.

Re:The SEC has told us it wants to sue us over Lend. We don’... by plainnoodles on Wednesday September 08, 2021 @10:00AM (#28457089)
It's even more obvious when you flip the relationship around. What's it called when your broker lends you money, at a fixed interest rate, for you to then go and invest in risk assets?

It's a margin loan. Which I hope I don't need to say is NOT risk-free.

Re:The SEC has told us it wants to sue us over Lend. We don’... by SilasX on Wednesday September 08, 2021 @10:01AM (#28457126)
Fair point, but when you take a margin loan, you also don’t have to register it as a security.
Re:The SEC has told us it wants to sue us over Lend. We don’... by mandevil on Wednesday September 08, 2021 @11:18AM (#28458359)
But the broker-dealer who made the margin loan is extremely heavily regulated by the SEC- margin loans are some of the things that they have the longest history with!
Re:The SEC has told us it wants to sue us over Lend. We don’... by SilasX on Wednesday September 08, 2021 @11:43AM (#28458741)
I know, just saying it's not a good example to make the point about "risk of loss implies need to register as security".
Re:The SEC has told us it wants to sue us over Lend. We don’... by nostrademons on Wednesday September 08, 2021 @01:43PM (#28460524)
Those risks apply to the traditional banking system as well. Someone could phish your login and password. Someone could steal your checks. Someone could open a policy with Progressive Insurance, provide a stolen account number, and pay their premiums out of your bank account while conducting progressively larger insurance fraud. Your bank could get hacked. Your bank could go bankrupt.

We dealt with an identity theft issue around the same time that I was conducting some crypto transactions with Coinbase, and the difference in security was stark. My bank hides 2-factor auth behind an obscure account setting. If someone steals your account number, they can start making direct withdrawals immediately just by entering it into an ACH form that doesn't do trial deposits. The bank relies on you keeping an eye on your statements to notice this, and they won't reimburse any fraudulent charges over $1000.

Meanwhile, Coinbase defaults to 2-factor auth. They send you an e-mail if you login from a machine whose IP & browser fingerprint doesn't match one you've logged in before. They do trial deposits for ACH linking. They send you an e-mail whenever someone initiates an ACH deposit or withdrawal from your account. There's a mandatory waiting period (1 week I think) before the funds are available. I suspect they would suck just as much as my bank if you did get hacked (I've heard horror stories), but the proactive security measures give me a lot more confidence than the mainstream financial industry.

Re:The SEC has told us it wants to sue us over Lend. We don’... by bastawhiz on Wednesday September 08, 2021 @03:54PM (#28462215)
Account security best practices are orthogonal to how your assets are handled behind the scenes. The SEC isn't regulating securities because someone might log into your account, they regulate them because someone at Coinbase could be deceiving investors or hiding risk.

Money doesn't appear magically from nowhere. If someone is offering you return for holding your cash, it's not just sitting there. The risk is implicit in whatever they're doing to turn your N money into NM money: there is no way to absolutely guarantee that M is >0.

Re:The SEC has told us it wants to sue us over Lend. We don’... by nostrademons on Wednesday September 08, 2021 @05:15PM (#28463163)
But with regards to this subthread specifically - the risks that the OP points out are account security best practices, and common to both Coinbase and traditional banks. If you're going to point them out as reasons that your capital is at risk, you also have to point out that your capital is at risk with traditional financial institutions.
Re:The SEC has told us it wants to sue us over Lend. We don’... by bastawhiz on Wednesday September 08, 2021 @06:45PM (#28463998)
That's moot. It's totally reasonable for the SEC to not regulate account security best practices and still regulate the company implementing those practices making off with your cash. A Ponzi scheme whose website has mandatory 2FA is not somehow better. The SEC was never designed to protect against all kinds of risks.
Re:The SEC has told us it wants to sue us over Lend. We don’... by Spivak on Wednesday September 08, 2021 @11:33AM (#28458611)
I mean I think they're pretty upfront about that the fact that they're not FDIC insured which is your only real protection from the kinds of events you describe happening at a bank (sans the theft I guess).

I wouldn't put my money in a bank that wasn't covered by the FDIC but who am I to tell someone else they shouldn't be allowed to -- especially if interest is better.

Re:The SEC has told us it wants to sue us over Lend. We don’... by tylerhou on Wednesday September 08, 2021 @04:22AM (#28454507)
I don’t understand how you can make a profit larger than the risk-free rate of return without at least some risk; i.e. any risk free profit should be arbitraged away. If Coinbase has truly found risk-free profit it would be more profitable to sell it as an investment to some hedge fund, not give away free returns to retail.
Re:The SEC has told us it wants to sue us over Lend. We don’... by ethbr0 on Wednesday September 08, 2021 @09:03AM (#28456371)
Answer: Legal ambiguity carries its own risk.

Therefore, rates in more ambiguous instruments should be higher than those in more certain ones, no?

Re:The SEC has told us it wants to sue us over Lend. We don’... by anonymoushn on Wednesday September 08, 2021 @09:52AM (#28456963)
The risk-free rate in this sector is substantially higher than 4%.
Re:The SEC has told us it wants to sue us over Lend. We don’... by Alex3917 on Wednesday September 08, 2021 @10:11AM (#28457273)
If the value of crypto is that it drives down the risk of lending by bringing transparency to the assets of borrowers, then how can the interest rate be higher than in the normal financial system? The fact that there is less risk but interest rates are higher should tell you everything you need to know about why this is a scam.
Re:The SEC has told us it wants to sue us over Lend. We don’... by anonymoushn on Wednesday September 08, 2021 @10:23AM (#28457465)
The question is "Why is there often 20% per year or higher cash-and-carry arbitrage for assets that have near zero carrying cost?" The answer might be that every crypto exchange has a 15% or higher chance of exploding per year and they've all just been extremely lucky, but I wonder if this is really the best explanation we can come up with.
Re:The SEC has told us it wants to sue us over Lend. We don’... by quickthrowman on Wednesday September 08, 2021 @11:06AM (#28458162)
It’s not risk free, US Treasuries are ‘risk-free’ and anything that pays a higher yield has risk. If it didn’t have risk, it would be arbitraged down to the risk-free rate.
Re:The SEC has told us it wants to sue us over Lend. We don’... by SilasX on Wednesday September 08, 2021 @11:21AM (#28458405)
And even the risk-free rate on[1] Treasurys is being held down by tremendous Federal Reserve purchases. (The Fed doesn't buy crypto loans, or at least, won't until Goldman Sachs keeps some on their balance sheet.)

[1] at least short-term

Re:The SEC has told us it wants to sue us over Lend. We don’... by anonymoushn on Thursday September 09, 2021 @05:38AM (#28467934)
You can post that markets are efficient and I'll keep making money from obvious inefficiencies I guess.
Re:The SEC has told us it wants to sue us over Lend. We don’... by Reason077 on Wednesday September 08, 2021 @05:34AM (#28454937)
> "capital is not in theory at risk. So it's more like a savings account than an investment account."

But I guess if you want to offer a "savings account" then you need to be a licensed bank and meet all the requirements and regulations that come with that?

Re:The SEC has told us it wants to sue us over Lend. We don’... by paulgb on Wednesday September 08, 2021 @05:53AM (#28455024)
Exactly. Capital lent is always at risk; effectively risk-free interest is an abstraction created by deposit insurance. (Which, too, could fail)

I don’t understand where DeFi yields come from, but I can tell you they’re not risk-free, for the same reason a physicist can tell you your perpetual motion machine doesn’t work without studying the blueprints.

Re:The SEC has told us it wants to sue us over Lend. We don’... by Danieru on Wednesday September 08, 2021 @07:09AM (#28455444)
> I don’t understand where DeFi yields come from

Best I can tell from my research defi is being used for holder of volitile lower quality coins to exit without triggering a taxable event.

This is based on how all the pools I found had clear lopsided supply of lending and borrowing. Stable coins all had the highest rates, with btc and eth being middling, and a flood of alt coins sitting in pools earning zero returns.

This makes perfect sense. Margin loan volume is too low to explain the lending size. Likewise margin would want to borrow high volatility coins, and never stable coins. And yet stable coins are offering the highest interest precisely because stable coin borrowing is in demand.

Overall defi makes sense if it is about holders of paper gains exiting with debt to avoid taxable events. It does suggest a worrying risk profile I suspect everyone is underesitmating: many borrowers do not care about the coins they put up as collateral.

Re:The SEC has told us it wants to sue us over Lend. We don’... by pjc50 on Wednesday September 08, 2021 @09:22AM (#28456587)
> many borrowers do not care about the coins they put up as collateral.

Oh, you can use "shitcoin" X as collateral for a loan in "stablecoin" Y? Can the borrower then selectively default if the X/Y exchange rate moves in their favor? In which case this is just a funny-looking option.

> holders of paper gains exiting with debt to avoid taxable events

A similar scheme was used to evade income tax in the UK with "loan forgiveness" for a while, but was ruled unlawful. I suppose the more crypto steps you put in the harder it is to trace.

Re:The SEC has told us it wants to sue us over Lend. We don’... by thebean11 on Wednesday September 08, 2021 @10:33AM (#28457619)
> Can the borrower then selectively default if the X/Y exchange rate moves in their favor?

They very much can. For that reason though, the loans are always over collateralized so defaulting involves leaving some money on the table. That money could be less than hypothetical tax payments though..not sure.

Re:The SEC has told us it wants to sue us over Lend. We don’... by Paradigma11 on Wednesday September 08, 2021 @07:03AM (#28455413)
They could already be subject to those risks without getting the benefits.

But yes, DeFi seems to me mostly zero sum gambling where the risks are shifted around until nobody understands the system any more which naturally means that there is no risk any more.

Re:The SEC has told us it wants to sue us over Lend. We don’... by gitfan86 on Wednesday September 08, 2021 @08:45AM (#28456207)
The way to guarantee return on investment is to denominate it in Monopoly money. I can guarantee that I will update your account with 5% more Monopoly coins every week if I have already minted my own trillions of monopoly coins and have them in reserve.
Re:The SEC has told us it wants to sue us over Lend. We don’... by imtringued on Wednesday September 08, 2021 @07:11AM (#28455451)
Banks want the deposit insurance to fail because once the government chips in they realized a profit on the bad loans they made. It's a well known moral hazard.
Re:The SEC has told us it wants to sue us over Lend. We don’... by Denvercoder9 on Wednesday September 08, 2021 @07:23AM (#28455521)
No, they want deposit insurance to kick in and succeed (in your view). If the deposit insurance fails, that'll create a bankrun (because their value proposition, risk-free interest, no longer exists), and they'll go under as well.
Re:The SEC has told us it wants to sue us over Lend. We don’... by pjc50 on Wednesday September 08, 2021 @09:23AM (#28456598)
Deposit insurance kicks in only after the bank has failed, and cannot be used to realise a profit. At least in the real world.
Re:The SEC has told us it wants to sue us over Lend. We don’... by paulgb on Wednesday September 08, 2021 @07:24AM (#28455534)
Privatized gains/socialized losses is a moral hazard, but it doesn't follow that it's in banks' interest for FDIC to fail.

E.g. if I borrow $1,000 from you to bet on a roulette table, you suffer the downside if I lose and can't pay you back, but it's still in my interest to win.

Re:The SEC has told us it wants to sue us over Lend. We don’... by dsr_ on Wednesday September 08, 2021 @06:28AM (#28455236)
One of those requirements being that you participate in the FDIC/NCUA insurance system, so that end-users really don't have any risk up to the maximum insurable amount per account.
Re:The SEC has told us it wants to sue us over Lend. We don’... by ziml77 on Wednesday September 08, 2021 @07:44AM (#28455678)
They try to make it sound like they didn't expect Lend to be treated like an investment, but it's clear that's a load of bullshit. If they didn't think the lending program was a security, they wouldn't have gone to the SEC about it.
Re:The SEC has told us it wants to sue us over Lend. We don’... by darksaints on Wednesday September 08, 2021 @09:28AM (#28456635)
Theyre a public company (regulated by the SEC), offering SEC-regulated services. Of course they notified the SEC. The twitter thread that got merged with this thread was pretty clear about it: they notified the SEC, but they also notified other regulatory bodies and had the full expectation that the lending accounts would be regulated by another entity because they are not securities.
Re:The SEC has told us it wants to sue us over Lend. We don’... by dragonwriter on Wednesday September 08, 2021 @10:08AM (#28457217)
> the full expectation that the lending accounts would be regulated by another entity because they are not securities.

Why do they think they aren't securities?

Because they obviously meet the Howey test, and while they may have “expected” that they would be regulated by another body (and which and on what basis?), they obviously haven’t done what it would take to make them (for instance) FDIC-insured depository accounts rather than SEC-regulated securities.

Re:The SEC has told us it wants to sue us over Lend. We don’... by darksaints on Wednesday September 08, 2021 @10:31AM (#28457596)
The Howey test doesn't apply here. If it's not securitized and it's not tradable, it's not a security. You can't trade a lending account...you can either hold it, or liquidate it.

FINRA is an obvious choice. They already regulate securities lending, they already regulate margin accounts, they already regulate interactions with FDIC-regulated bank accounts.

Re:The SEC has told us it wants to sue us over Lend. We don’... by dragonwriter on Wednesday September 08, 2021 @11:07AM (#28458182)
> The Howey test doesn't apply here.

Yes, it does.

> If it's not securitized and it's not tradable, it's not a security.

Neither securitization nor marketability are requirements for something to be a security.

> FINRA is an obvious choice. They already regulate securities lending, they already regulate margin accounts, they already regulate interactions with FDIC-regulated bank accounts.

I suppose if Congress were writing a new law to specifically assign new regulatory authority for cryptocurrency lending accounts there might be an argument along those lines. But this isn't a matter of choice, its a matter of application of existing law, and if it meets the Howey test and no exception in existing law, such as assignment to a different regulator, exists, its an SEC-regulated security.

Re:The SEC has told us it wants to sue us over Lend. We don’... by darksaints on Wednesday September 08, 2021 @11:31AM (#28458562)
> The Howey test doesn't apply here.

No, it doesn't. The Howey test applies to commercial paper, tradability is inherent. In that sense, the Howey test isn't the only test for a definition of a security...it is a test that applies to anything that is a tradable financial instrument.

If the Howey test was the only test used to define a security, your bank account would be considered a security. But your bank account is absolutely and definitively not a security, and it is regulated by the FDIC, which has no authority over securities.

> I suppose if Congress were writing a new law to specifically assign new regulatory authority for cryptocurrency lending accounts there might be an argument along those lines. But this isn't a matter of choice, its a matter of application of existing law, and if it meets the Howey test and no exception in existing law, such as assignment to a different regulator, exists, its an SEC-regulated security.

This is obviously and demonstrably false. Even if this product was a security, which it is not, the classification of something as a security does not mean that the SEC has authority.

Futures - a security, yet the SEC has no jurisdiction and the CFTC has regulatory authority.

Equity Futures - a security of a security, yet the SEC has no jurisdiction and the CFTC has regulatory authority.

Equity Future Options - a security of a security of a security, yet the SEC has no jurisdiction and the CFTC has regulatory authority.

Re:The SEC has told us it wants to sue us over Lend. We don’... by dragonwriter on Wednesday September 08, 2021 @11:36AM (#28458652)
> The Howey test applies to commercial paper, tradability is inherent.

Howey itself did not concern commercial paper, so if the Howey test only applied to that, it would be nonbinding dicta.

Re:The SEC has told us it wants to sue us over Lend. We don’... by darksaints on Wednesday September 08, 2021 @11:51AM (#28458843)
Meant to say investment contracts.
Re:The SEC has told us it wants to sue us over Lend. We don’... by dragonwriter on Wednesday September 08, 2021 @12:12PM (#28459192)
Investment contracts aren't inherently tradeable. They may frequently be tradeable because of market preferences, but it is not inherent in the category.

«an "investment contract" exists when there is the investment of money in a common enterprise with a reasonable expectation of profits to be derived from the efforts of others.» [0]

[0] https://www.sec.gov/corpfin/framework-investment-contract-an...

Re:The SEC has told us it wants to sue us over Lend. We don’... by darksaints on Wednesday September 08, 2021 @12:45PM (#28459650)
Could you give me an example of an investment contract that is not tradable? You have me straining at the imagination here.

Even if you are right that tradability is not a requirement of a security, and even if you are right that this meets all of the requirements of a security, I still don't see how the SEC has jurisdiction here. The Securities Exchange Act explicitly exempts bank notes with duration of less than 9 months from SEC regulation. Interest bearing bank accounts have the unique feature that they have no required investment term: you can deposit for a century, or you could deposit for a millisecond...the interest is paid for the duration of the deposit, and the duration is entirely determined by the depositor, and is not a term in the contract. The SEC admits that even short term CD's (undoubtedly an investment contract that passes the Howey Test for a security) do not meet its legal bar for jurisdiction, so why they would try to apply it to a unrestricted withdrawable account (regardless of the underlying asset class) is absurd to me.

Re:The SEC has told us it wants to sue us over Lend. We don’... by dragonwriter on Wednesday September 08, 2021 @12:56PM (#28459822)
> The Securities Exchange Act explicitly exempts bank notes with duration of less than 9 months from SEC regulation.

No, it is broader than that; it is not limited to bank notes or durations less than 9 months, but to any bank-issued security; but since Coinbase is not a bank as defined in the Securities Exchange Act [0], the bank-issued securities exception is immaterial.

[0] to wit, per 15 USC § 77c(a)(2): «any national bank, or banking institution organized under the laws of any State, territory, or the District of Columbia, the business of which is substantially confined to banking and is supervised by the State or territorial banking commission or similar official; except that in the case of a common trust fund or similar fund, or a collective trust fund, the term “bank” has the same meaning as in the Investment Company Act of 1940 [15 U.S.C. 80a–1 et seq.]»

Re:The SEC has told us it wants to sue us over Lend. We don’... by darksaints on Wednesday September 08, 2021 @01:18PM (#28460175)
> but shall not include currency or any note, draft, bill of exchange, or banker’s acceptance which has a maturity at the time of issuance of not exceeding nine months, exclusive of days of grace, or any renewal thereof the maturity of which is likewise limited.

It is not required for it to be issued by a bank for it to be exempt.

Re:The SEC has told us it wants to sue us over Lend. We don’... by mandevil on Wednesday September 08, 2021 @11:28AM (#28458525)
You have taken the Howey test, which defines what is a investment contract (and therefore requires SEC regulation), and replaced it with "if it's not securitized and its not tradeable it's not", which is, strictly as a matter of US law, completely and utterly wrong.

The whole point of the Howey test is to focus on what the transaction does, not it's form, because it was trying to prevent people from tap-dancing around the regulation, exactly like what Coinbase is attempting to do here.

Re:The SEC has told us it wants to sue us over Lend. We don’... by thedufer on Wednesday September 08, 2021 @10:52AM (#28457921)
> The Howey test doesn't apply here. If it's not securitized and it's not tradable, it's not a security.

Do you have a reference for that? Because that aspect doesn't sound relevant at all - the court case the Howey test comes from was about securities fitting your description (and, of course, the outcome was that they were considered securities).

The Howey case actually refers to them as "investment contracts", which I presume is language from the securities act itself. This seems like better terminology than "securities", if only because it doesn't so obviously conflict with the colloquial meaning. I'm not sure how we got here from there, although the "securities act" naming probably didn't help.

Re:The SEC has told us it wants to sue us over Lend. We don’... by dragonwriter on Wednesday September 08, 2021 @11:10AM (#28458230)
> Because that aspect doesn't sound relevant at all - the court case the Howey test comes from was about securities fitting your description

The property sold in Howey was marketable and the service contract was held out to any owner, so while I agree that neither securitization nor marketability are requirements, marketability was present in the Howey arrangement.

Re:The SEC has told us it wants to sue us over Lend. We don’... by TomSwirly on Wednesday September 08, 2021 @05:38AM (#28454961)
> the capital is not in theory at risk.

"In theory", and in practice, all investments are at risk.

How anyone can look at this gimcrack investment and think it's riskless is beyond me.

If Bitcoin were to drop to 1000 - and given it has no fundamentals and offers no actual services beyond a very volatile value store, why not? - then all of these companies would collapse like a house of cards and all these savings accounts would be worthless.

> So it's more like a savings account than an investment account.

If you recall, plenty of people lost everything they had in their savings account in bank crashes before FDIC insurance existed.

Re:The SEC has told us it wants to sue us over Lend. We don’... by contravariant on Wednesday September 08, 2021 @06:28AM (#28455238)
If you lose your money when the company goes bankrupt then that sounds like it's "at risk" to me. If not, any investment at all would be considered to not be "at risk".
Re:The SEC has told us it wants to sue us over Lend. We don’... by late2part on Wednesday September 08, 2021 @10:01AM (#28457124)
It's not at risk as in it's FDIC insured?