– Cryptoskeptics argue that crypto regulations are already clear, and that calls for “regulatory clarity” from crypto proponents are a distraction.
– The SEC’s lawsuit against two former Coinbase employees suggests that some of the crypto tokens sold by Coinbase are securities.
– Coinbase has accused the SEC of stifling technology.
– John Stark, former chief of the SEC office of internet enforcement, says that the SEC is not stifling technology, but rather getting bad actors out of the way so that technology can flourish.
– Stark also says that the SEC’s enforcement approach is not “regulation by enforcement,” but rather simply enforcement.
– The debate over which regulatory body should have jurisdiction over crypto markets is ongoing.
– The Howie test, which defines a security as an investment promising some kind of dividend on the back of a third partys efforts, is broad and has a long pedigree.
– Crypto companies “go online and call the SEC names,” but they won’t do the same with the DOJ when they’re behind bars.