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Re:Washington Needs a Crypto Rethink by Animats on Friday December 23, 2022 @01:56AM (#34102997)
All we need is for crypto exchanges and brokers to be regulated by the SEC just like other securities dealers. Exchanges have to have a national exchange license. Brokers, dealers, and exchanges have to be separate. Customer funds have to be held in bank accounts. Cash gets FDIC insurance. Crypto assets held by brokers get SIPC insurance. FINRA regulates people in crypto and can discipline them. Everybody gets formal audits.

You can still lose money because something you bought went down. But you don't lose assets some broker was just holding for you.

Japan does it this way, since the Mt. Gox episode. FTX Japan users are getting their assets back.

The SEC has the authority to do this right now. They won a lawsuit back in November. They've been holding off on bringing the hammer down on unregistered crypto securities that hadn't been shown to be frauds yet. They have no reason to hold back any more.

Re:Washington Needs a Crypto Rethink by LatteLazy on Friday December 23, 2022 @02:49AM (#34103286)
This is 100% correct.
Re:Washington Needs a Crypto Rethink by vgatherps on Friday December 23, 2022 @03:01AM (#34103367)
Is this enforceable for things which aren’t securities?

The brokerage regulations are just common sense and it would be a shame if they got tied into battles about whether token XYZ is a security or not.

Re:Washington Needs a Crypto Rethink by Animats on Friday December 23, 2022 @02:23PM (#34109648)
The SEC won a case last year which pretty much answered the question "is it a security" as "Yes" for just about everything where the promoter can make money off of it.

An investment contract exists if there is an "investment of money in a common enterprise with a reasonable expectation of profits to be derived from the efforts of others." - US vs Howey.

The "oh, but crypto is different" argument doesn't fly any more. Not since FTX.

You can still watch "Don't be like Larry", FTX's Super Bowl ad.[1]

[1] https://www.youtube.com/watch?v=3fWQob8RZj4

Re:Washington Needs a Crypto Rethink by vgatherps on Thursday January 05, 2023 @10:48PM (#34270725)
Oh interesting, I didn't know about that. I thought the XRP case was still ongoing so didn't realise there had been change.

Wasn't trying to make value judgements on whether anything is a security, just was wondering if it's how US crypto exchanges could operate in this weird legal grey zone

Re:Washington Needs a Crypto Rethink by csomar on Friday December 23, 2022 @03:18AM (#34103456)
In my opinion, authorities avoided regulating this space because they already have a precedent. They convinced Bitfinex to use multi-segregated wallets to store customer funds, and this resulted in the Bitfinex Hack. My guess is that authorities are probably keeping too careful when it comes to regulation.
Re:Washington Needs a Crypto Rethink by helsinkiandrew on Friday December 23, 2022 @03:35AM (#34103568)
> You can still lose money because something you bought went down.

I think this is the major argument the SEC has that crypto shouldn't be regulated. Without anything underneath it, crypto is by its nature by more volatile - it can increase by 1000 fold in a minute but can also drop to nothing.

If regulated, more people would be drawn to it and any large losses could cause contagion in the rest of the market - people lose a lot on their crypto holdings so sell some of their bonds/stock in a hurry, which lowers the price across the market. Crypto has had several 2008 style crashes and is likely to have more but as yet they haven't effected the rest of the market/economy.

Re:Washington Needs a Crypto Rethink by Loic on Friday December 23, 2022 @04:44AM (#34103976)
> Crypto has had several 2008 style crashes and is likely to have more but as yet they haven't effected the rest of the market/economy.

Maybe also because at moment crypto has no value/use for the economy.

Re:Washington Needs a Crypto Rethink by lifty on Friday December 23, 2022 @04:43AM (#34103973)
And to go a bit further, ban leveraged trading. They mention this in the article and I fully agree. Leveraged trading encourages short term speculation and casino like behaviors. I would go even further and ban leveraged trading in any financial asset period.
Re:Washington Needs a Crypto Rethink by davidgerard on Friday December 23, 2022 @05:05AM (#34104101)
Note also that Canada does it this way: cryptos on an exchange are treated as a security, and the provincial regulators license the exchanges and tell them what cryptos they can even list. FTX repeatedly tried to get into Ontario and the OSC wouldn't let them. Well done OSC!