just_madhu
I think the tricky part will be about how deep the SEC wants to get entrenched in this type of action-- how will they view individual investments differently from stocks?
Worst case scenario, this JOBS bill might be a trojan horse to bring more regulation to the startup world (starting with enabling funding, then phasing in regulation in waves).
Either way, this is a sign of progress...
We've seen something very similar in the discussions around data rights when people die-- family who inherit passwords are unlikely to be sued where there is explicit permission granted-- because they are not "impersonating" anyone.
What could to prevent this is if requests in this manner can be considered coercion or duress-- automatically disqualifying contracts with language requiring disclosure of private passwords, and penalizing parties that try to include similar clauses.
I'd love to cite some cases, but have to run (I do appreciate the legal thoroughness!)