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)

Bits + Bips: Why Iran Is Trump’s Greatest Taco. Plus, Is Elon’s TeraFab ‘Bullshit’?

Bits + Bips: Why Iran Is Trump’s Greatest Taco. Plus, Is Elon’s TeraFab ‘Bullshit’?

Trump pulled off a five-day ceasefire nobody expected. Ram calls it the greatest TACO of his career. --- Thank you to our sponsor: Nexo — the premier digital wealth platform. Receive interest on yo...

25 Mar 1h 2min

Bits + Bips:  What Iran, Oil Shocks, and No Rate Cuts Mean for Crypto

Bits + Bips: What Iran, Oil Shocks, and No Rate Cuts Mean for Crypto

Bitcoin dropped under $69K even as the SEC and CFTC create more clarity for crypto, and agentic commerce looks like it will reshape the sector. --- Thank you to our sponsor, MultiChain Advisors --...

23 Mar 42min

Bitcoin DeFi Has Been Elusive. Can Mysten Labs Bring $1.4 Trillion Onchain?

Bitcoin DeFi Has Been Elusive. Can Mysten Labs Bring $1.4 Trillion Onchain?

Adeniyi Abiodun, co-founder and CPO of Mysten Labs,  walks through how Hashi works and how it differs from the competition. Can it succeed where others have failed? Nexo is the premier digital wealth...

20 Mar 30min

Uneasy Money: Should DeFi Frontends Block High Slippage Swaps?

Uneasy Money: Should DeFi Frontends Block High Slippage Swaps?

The crew unpacks the significance of the Trade[XYZ] S&P 500 license, why Vanity Fair's recent crypto piece is so controversial and whether the EF is returning to “communism.” Thank you to our sponsor...

20 Mar 1h 15min

DEX in the City: Why the Binance Case Against the WSJ ‘Is Probably Not a Winner’

DEX in the City: Why the Binance Case Against the WSJ ‘Is Probably Not a Winner’

The crew unpacks the Binance case against the Wall Street Journal. Is the lawsuit just for optics? Plus, why crypto can't turn a blind eye to one Aave user's $50 million loss. Nexo is the premier dig...

19 Mar 52min

The Top Things Investors Need to Know Before Buying Crypto Tokens

The Top Things Investors Need to Know Before Buying Crypto Tokens

Across Protocol wants to retire its token in exchange for equity. Is the DAO model structurally broken? Thank you to our sponsor! Adaptive Security With Across Protocol proposing to retire i...

19 Mar 1h 8min

The Chopping Block: The Ethereum Foundation Manifesto + Who Really Runs Crypto?

The Chopping Block: The Ethereum Foundation Manifesto + Who Really Runs Crypto?

Crypto insiders debate the Ethereum Foundation’s new “CROPS” mandate: is the EF losing touch with builders, why does Solana keep pulling startups away, and what will it actually take for Ethereum to s...

19 Mar 1h 11min

Bits + Bips: Bitcoin Hits $75K as It Starts Catching Up to Gold

Bits + Bips: Bitcoin Hits $75K as It Starts Catching Up to Gold

Ram is bearish on equities, oil is keeping the Fed frozen, and Bitcoin is holding up anyway. The hosts debate whether crypto has bottomed or whether worse is still ahead. --- Thanks to our sponsor, ...

18 Mar 1h 2min

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