It sure would be nice if issuers of certain publicly traded offerings could exempt themselves from decades of precedent and pick their regulator.LatinAggie1997 said:
I disagree. The SEC shouldn't be anywhere near digital assets. I would much rather crypto fall under the CFTC if a new regulatory body isn't formed.
Unfortunately, judicial interpretation is trending in the direction that objective observers have predicted all along: most PoS alts pass the Howey Test and therefore are securities.
I'm still unsure why that's a bad thing though.
Part of me thinks that many people were initially lured into crypto by the idea that it's different because it's tokenized, makes claims of decentralization, etc. So those who ended up funneling into alts are super resistant and get defensive about being lumped in with status quo businesses as securities.
I think there's also a mistake in assuming that what PoS alt chains are doing is somehow too difficult for the SEC understand and that they'd would only get in the way of transforming the world. But I don't think that's true at all.
First, Gary Gensler would run laps around most alt bros in terms of knowledge of the space. Secondly, defi apps, staking mechanisms and NFT communities isn't exactly transformational concepts.
That's not to say something transformational can't ultimately come from a PoS alt chain. I just think it can still happen under the SEC umbrella. The ones who embrace security designation first will have the best chance to win.