The SEC Thinks Crypto Airdrops Are Securities. Here's Why This Lawyer Thinks It's Wrong - Ep. 707
Unchained20 Sep 2024

The SEC Thinks Crypto Airdrops Are Securities. Here's Why This Lawyer Thinks It's Wrong - Ep. 707

This week, Republican Representatives Tom Emmer and Patrick McHenry sent a letter pressing SEC Chair Gary Gensler for clarity on how securities laws apply to airdrops. With billions of dollars worth of tokens airdropped this year alone, projects need clarity more than ever. In this episode, Amanda Tuminelli, Chief Legal Officer of the DeFi Education Fund, dissects the SEC’s stance on airdrops, why her organization believes the SEC has stretched the legal definition of “compensation” too far, and what Congress might ask Gensler in his upcoming hearing. Plus, she talks about how the SEC “regrets” any confusion it caused for using the term “crypto assets securities,” since the agency now admits that tokens themselves are not securities. Show highlights: Why Amanda believes the SEC’s position on airdrops doesn’t make sense Why the DeFi Education Fund sued the SEC over the BEBA airdrop How the SEC’s position on airdrops has been clear for a while, but is “wrong” according to Amanda Her take on users bypassing the geographic restrictions to claim airdrops in the U.S. How and why the SEC has changed its language around “crypto assets securities” How the SEC’s new position on crypto assets implicating securities laws seems to rest on the “embodiment” theory Why Amanda believes the Supreme Court or Congress may be needed to step in What Amanda expects Congress to question Gary Gensler about in the hearing next week Amanda’s takeaways from the first Congressional DeFi hearing last week How she expects the presidential election will impact the regulatory landscape in the U.S. Visit our website for breaking news, analysis, op-eds, articles to learn about crypto, and much more: unchainedcrypto.com Thank you to our sponsors! Coinbase iTrustCapital Polkadot Mantle Stellar Guest Amanda Tuminelli, Chief legal officer of the DeFi Education Fund Previous appearances on Unchained: Gary Gensler’s Case Against Uniswap: Does the SEC Even Stand a Chance? Is This the End of DeFi? Why the US Government Is Going After Tornado Cash Links Airdrops: Blockworks: Republican Reps. ask Gensler for clarity on how securities laws apply to airdrops - Gabriel Shapiro’s tweet: “We may *disagree* that the position is correct but it's not unclear.” CoinDesk: Crypto Airdrops Ban U.S. Users, but Americans Are Claiming Tokens Anyway SEC’s amended complaint in the Binance case BEBA case DeFi Education Fund suing the SEC First Congressional Hearing on DeFi Unchained: First Congressional Hearing on DeFi Highlights Divide Between Republicans and Democrats Timestamps: 00:00 Intro 01:42 SEC’s stance on airdrops 04:25 DeFi Education Fund’s lawsuit over BEBA 06:47 Amanda: SEC’s position on airdrops is “wrong” 08:27 Users bypassing geographic restrictions for airdrops 12:47 Why the SEC suddenly apologized for using the term “crypto asset securities” for years 16:47 Amanda’s take on what the SEC’s new theory is for why tokens fall under securities laws 17:43 Why Supreme Court or Congressional involvement is likely needed 19:01 What Congress might ask Gensler in a hearing next week 19:59 Key takeaways from the first Congressional DeFi hearing 20:43 Amanda’s take on how the presidential election might impact crypto 23:45 News Recap Learn more about your ad choices. Visit megaphone.fm/adchoices

Denne episoden er hentet fra en åpen RSS-feed og er ikke publisert av Podme. Den kan derfor inneholde annonser.

Episoder(1151)

The Chopping Block: Quantum FUD, Circle vs. Tether & WLFI Drama

The Chopping Block: Quantum FUD, Circle vs. Tether & WLFI Drama

Quantum computing risk, USDC vs. Tether drama after the Drift hack, and World Liberty Financial’s governance circus take center stage as Haseeb, Tom, Tarun, and special guest Joshua Lim dissect market...

19 Apr 1h 20min

How the DOJ and SEC Cases Against BitClout's Nader Al-Naji Collapsed

How the DOJ and SEC Cases Against BitClout's Nader Al-Naji Collapsed

Debanked 12 times. Walked through an airport in handcuffs. Every charge eventually gone. Nader Al-Naji on the defense strategy that convinced both agencies to back off. ==============================...

18 Apr 1h 20min

Uneasy Money: BIP-361 Wants to Freeze Satoshi's Coins. What Happens If It Passes?

Uneasy Money: BIP-361 Wants to Freeze Satoshi's Coins. What Happens If It Passes?

A Bitcoin developer just proposed freezing wallets that don't upgrade for quantum resistance. Including Satoshi's. Thank you to our sponsors!⁠⁠⁠⁠⁠⁠⁠⁠⁠ Nexo Nexo is the premier digital wealth pl...

18 Apr 1h 16min

Anthropic's Mythos Is More Powerful Than the U.S. Government's AI. Does That Make Sense?

Anthropic's Mythos Is More Powerful Than the U.S. Government's AI. Does That Make Sense?

Can a private company be trusted to decide which 40 firms get access to the world’s most dangerous AI model? And separately — is the SEC’s new Reg Crypto finally the framework the industry has been wa...

17 Apr 52min

Bits + Bips: Why Apple Might Benefit More From AI Than AI Companies Will

Bits + Bips: Why Apple Might Benefit More From AI Than AI Companies Will

The US Naval blockade is live, markets are holding, and Ram thinks the bottom is in. Austin and Chris are not so sure. --- Thank you to our sponsors: Citrea  As Bitcoin's application layer, Citrea...

14 Apr 1h 3min

How Onchain Options Could Replace the Basis Trade as Crypto's Yield Strategy

How Onchain Options Could Replace the Basis Trade as Crypto's Yield Strategy

The basis trade paid 15–30% near risk-free for years. Options couldn't compete. Then 10/10 happened. ======================================================== As Bitcoin's application layer, Citrea g...

14 Apr 55min

Bits + Bips: Bitcoin's Geopolitical Upturn and the $100K Question

Bits + Bips: Bitcoin's Geopolitical Upturn and the $100K Question

Why ETH outperformed Bitcoin this past week, what's really behind the prediction market activity during the Iran situation, and what comes next for institutional crypto adoption. --- Thank you to ou...

14 Apr 44min

Why Morgan Stanley Launched the Cheapest Bitcoin ETF on the Market

Why Morgan Stanley Launched the Cheapest Bitcoin ETF on the Market

James Seyffart didn't expect Morgan Stanley to do this. Now he's watching to see if BlackRock blinks. Nexo is the premier digital wealth platform. Receive interest on your crypto, borrow against it...

10 Apr 31min

Populært innen Politikk og nyheter

giver-og-gjengen-vg
aftenpodden
forklart
aftenpodden-usa
popradet
stopp-verden
fotballpodden-2
lydartikler-fra-aftenposten
det-store-bildet
nokon-ma-ga
rss-gukild-johaug
dine-penger-pengeradet
rss-ness
rss-espen-lee-usensurert
hanna-de-heldige
aftenbla-bla
grasoner-den-nye-kalde-krigen
e24-podden
rss-dannet-uten-piano
frokostshowet-pa-p5