Why the SEC's Proposed Rules Affecting DeFi Could Violate the First Amendment - Ep.344
Peter Van Valkenburgh, director of research at Coin Center, discusses a proposed rule by the US Securities and Exchange Commission that has massive implications for the free-speech rights of crypto software developers in the US. Show highlights:
- why an SEC proposal changing the definition of “exchange” could violate the right to free speech of US crypto developers
- whether the SEC is going after DeFi on purpose – as its 200+ page proposal never mentions crypto or DeFi
- what precedent Peter has found that should prohibit the SEC from taking away software developers’ right to free speech
- how Peter and Coin Center structured their recent letter of comment to the SEC
- what the next steps (such as a lawsuit?) should be for the crypto community if the rule goes into effect
- why writing software is part of someone's right to free speech
- what implications the proposed rule could have on AMMs
- what happens next: when could the rule be put into place?
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Announcing The Cryptopians Book Clubs!
On April 26th, I will be selling NFT tickets to five 90-minute virtual book clubs in which 22 people can discuss "The Cryptopians" with me and with each other — without worrying about spoilers! Two of the book clubs will also feature special guests.
The sale will go live on Tuesday, April 26, at 1pm ET/10am PT, and tickets will be $100 each. (The sale will be on Bitski, but the NFTs will not be visible until the sale goes live on the 26th): https://www.bitski.com/@laurashin/created
Thank you to our sponsors!Crypto.com: https://crypto.onelink.me/J9Lg/unconfirmedcardearnfeb2021
Coinchange: https://coinchange.io
OnJuno: https://onjuno.com/
Galaxis: https://galaxis.xyz/
Episode Links
Peter Van Valkenburgh
- Coin Center profile: https://www.coincenter.org/people/peter-van-valkenburgh/
- Twitter: https://twitter.com/valkenburgh
The SEC Proposal
- Proposal: https://www.sec.gov/news/press-release/2022-10#
- Comments on the proposal: https://www.sec.gov/comments/s7-02-22/s70222.htm
- Coin Center’s/Peter’s comment: https://www.coincenter.org/a-new-sec-proposal-has-a-serious-change-hidden-within-its-complex-language/
- Coin Center blog on its comment: https://www.coincenter.org/a-new-sec-proposal-has-a-serious-change-hidden-within-its-complex-language/
- Gabriel Shapiro’s comment: https://twitter.com/lex_node/status/1516079145213739013
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