[40 min read] Regulatory Storm: Dilemma and Opportunities in the Crypto Industry
· 42 min read
Author: Phoenix Capital Management
Translator: BlockEden.xyz Team and Payton Chat
📌 A deep dive into the regulatory disputes and legal issues the crypto industry faces in the past, now, and predictably in the future.
TL;DR
- In the Ripple case, a partial victory was achieved in the programmatic sales, avoiding being recognized as securities sales. We have carefully analyzed the court's ruling logic and believe that there may be quite obvious errors in fact recognition, which has a high possibility of being overturned later.
- We've examined the historical origins and basic connotations of securities law, and believe that tokens narrated as "the project team is doing their job" are close to the securities law definition. Thus, a reasonably high proportion of tokens may be recognized as securities in the future. However, the current SEC's regulatory demands further exceed the reasonable scope of securities law.
- Staking/yield farming is more likely to be considered securities than token sales.
- Compared to the regulation of CeFi, the regulation of DeFi is at an earlier stage. In addition to securities law, more uncontroversial regulatory issues like KYC/AML are yet to be resolved.
- Even if a large number of altcoins are identified as securities, it would not signify the end of the industry. High market cap tokens are fully capable of seeking compliance in the form of securities; lower market cap tokens may exist in non-compliant markets for a long time but can still indirectly gain liquidity from compliant markets. As long as there is a clear regulatory framework, regardless of its nature, the industry can find new paths and models for long-term development.
Table of Contents
- Long-Awaited (Temporary) Victory - An Interpretation of the Ripple Case
- Howey Test, Orange Groves, and Cryptocurrency
- Why Securities Law Exists
- Project team is doing their job = Securities?
- Recap of SEC vs Ripple Labs
- A token is just a token. A token is NEVER a security
- Looking forward - Where are the risks and opportunities?
- Securities law is not the only concern
- What if crypto loses? - Securities law won't kill altcoins
- Peace is More Important Than Victory