Back in 2017 when I started working on crypto @SECgov, we saw mostly ICOs that looked like IPOs: teams selling tokens to the public to raise money to build protocols or apps that didn’t exist yet, w/ little to no disclosures so the public could know what they were getting into.
- 1/ Today we’re publishing Crypto and the Evolution of the Capital Markets. Skeptics like to say crypto is a solution in search of a problem, but in reality, it’s an answer to a decades-old one that the traditional securities markets still haven’t fixed: the lack of a more direct,
- Replying to @TuongvyLe12If viewing ALL of this through a securities lens ever made sense, it sure doesn’t now. Stubbornly clinging to the Howey test just b/c some people buy tokens for speculative purposes both ignores how far crypto has come and threatens the future of this incredible new technology.
- To the @SECGov staff who know that crypto assets and services, by their very nature, can’t comply w/ existing securities regs, but feel they have no choice but to bring enforcement actions under existing law: there is a better way.
- Replying to @manatee73Still one of the best songs ever, and no one will ever sing it like her
- Agreed. I was at the SEC and started working in crypto in 2017. Everyone was trying to wrap their heads around it then, including going after outright scams. It is now 2023. We should have come up with a working regulatory framework by now.Replying to @JBSDCPersonally, I was pretty sympathetic to the SEC’s position five years ago (the questions posed by crypto are hard! Learning about a new space takes time), but have gotten less sympathetic since there’s been no progress on regulations over that time.
- Does anyone else think it's a problem that the head of the agency that has declared regulatory authority over all of crypto just said that he doesn't believe digital currencies should exist?
- gm! so excited to share that I’ve joined @BainCapCrypto as Partner and Head of Regulatory & Policy, where I’ll be advising our portfolio on regulatory issues, assessing potential investments, conducting research on crypto reg issues, and leading the fund’s advocacy efforts.👇
- Replying to @TuongvyLe12While some argue these were never “investment contracts,” what’s undeniable now is how far crypto has come: it's a diverse and vibrant ecosystem of actively used protocols, layers, apps, & DAOs, and tokens can have different purposes, utility & functionality. A token can be:
- One of my most prized possessions is this artwork I bought over a decade ago that now hangs in my dining room. It’s #4 of an edition of 60 similar (but not fungible) “etchings” from Richard Serra’s “Paths and Edges” series, produced in 2007. What if Serra had told me at the time,
- This is a key point. The reason the approval of the spot ETH ETFs is a clear indication that the SEC does not consider ETH a security is because funds whose assets are 40% or more securities may not register through a Form S-1; rather, they are considered investment companies andIf any of the ETH spot ETFs go effective on Form S-1, the debate is over: ETH is not a security. There is no legal way for a fund whose assets consist (almost) entirely of securities to go effective on an S-1 (with one exception that doesn’t apply).
- Replying to @TuongvyLe12✅ An incentive for people to participate in maintaining a public good – a decentralized public ledger - by checking transactions, verifying activity, voting on outcomes, or solving computations to verify transactions;










