News for hackers. Stuff that matters.
Re:“But the SEC let us go public” and other flawed arguments... by everfree on Monday June 12, 2023 @08:30PM (#36303432)
> Maybe they’re all in the tiny minority?

Coinbase lists less than 300 of the tens of thousands of cryptocurrencies out there - indeed a tiny minority of them, and they do have some kind of legal review process, so while that claim may well be untrue, it's not absurd on its face.

Re:“But the SEC let us go public” and other flawed arguments... by ceejayoz on Monday June 12, 2023 @08:35PM (#36303461)
And you think all the SEC’s “hint hint, time to register!” for years was understood by Coinbase as “you guys are fine, we’re not talking about you”?
Re:“But the SEC let us go public” and other flawed arguments... by everfree on Monday June 12, 2023 @08:42PM (#36303542)
I don't agree that a regulatory agency saying "hint hint time to register" for years on end is an effective way to regulate.

The first step of effective regulation is to state exactly what is out of compliance, which they finally did only a few days ago by listing which particular coins are the ones that put Coinbase out of compliance.

The second step is to explain why those particular coins cause them to be non-compliant and why other coins (Bitcoin) are exempt, in such a way that Coinbase has rules they can apply to determine whether a particular new coin is compliant or not. That clarity is the part we're still waiting for.

Re:“But the SEC let us go public” and other flawed arguments... by ceejayoz on Monday June 12, 2023 @08:46PM (#36303579)
> I don't agree that a regulatory agency saying "hint hint time to register" for years on end is an effective way to regulate.

Nah, the alternative is why cops get away with everything via qualified immunity. Conmen don’t get given a pat list of what is and isn’t allowed; no one wants to play the “but you saaaaaaid!” game that results.

Re:“But the SEC let us go public” and other flawed arguments... by everfree on Monday June 12, 2023 @08:54PM (#36303661)
> Conmen don’t get given a pat list of what is and isn’t allowed; no one wants to play the “but you saaaaaaid!” game that results.

Yes, they do. Civil courts are full of almost nothing besides "but you said" games. You're just describing the status quo of how law works.

Re:“But the SEC let us go public” and other flawed arguments... by ceejayoz on Monday June 12, 2023 @08:59PM (#36303718)
No; “fraud” is illegal. They don’t have to specifically list each of the different possible techniques somewhere.

Same with securities. The Howey test exists. The courts and Congress occasionally find a tweak that needs making, but they aren’t likely to be impressed by shenanigans like “oh it isn’t a shared enterprise because of this cute quirky thing”.

Re:“But the SEC let us go public” and other flawed arguments... by everfree on Monday June 12, 2023 @09:08PM (#36303778)
So according to you, following the SEC's lead: Selling Bitcoin is legal, selling Solana is illegal, and selling ETH (Ethereum) is in a quasi-state of legal and illegal. Nobody knows exactly why any of this is the case, and that's totally fine with you because you don't want to dive into any of these "cute quirky things".
Re:“But the SEC let us go public” and other flawed arguments... by ceejayoz on Monday June 12, 2023 @09:43PM (#36304049)
They've explained their reasoning in various spots. For example:

https://www.axios.com/2022/06/28/bitcoin-is-the-only-coin-th...

> Elsewhere in the speech, Hinman explained: "If the network on which [a] token or coin is to function is sufficiently decentralized — where purchasers would no longer reasonably expect a person or group to carry out essential managerial or entrepreneurial efforts — the assets may not represent an investment contract."

Re:“But the SEC let us go public” and other flawed arguments... by lmm on Tuesday June 13, 2023 @12:48AM (#36305479)
"Sufficiently...may..." but even the SEC themselves will not tell you whether Ethereum qualifies or not. That is not rule of law.
Re:“But the SEC let us go public” and other flawed arguments... by ceejayoz on Tuesday June 13, 2023 @06:51AM (#36308260)
Sure it is. The SEC alleges a violation of the law. The courts decide if they are right at trial.

Eth is fairly uniquely complicated by the fact that it probably went from security to commodity before they could get smacked for the security period.

Re:“But the SEC let us go public” and other flawed arguments... by wbl on Tuesday June 13, 2023 @10:08AM (#36310428)
They already did. Bitcoin doesn't involve an expectation of profit from a common enterprise while e.g. liquidity tokens do.
Re:“But the SEC let us go public” and other flawed arguments... by KingOfCoders on Tuesday June 13, 2023 @01:14AM (#36305723)
"Coinbase lists less than 300"

With only BTC Coinbase would not be an exchange but a wallet.

Re:“But the SEC let us go public” and other flawed arguments... by everfree on Tuesday June 13, 2023 @01:18AM (#36305760)
The US dollar is not a security. They could have a BTC/USD trading pair.