Analogies, the Big Picture, and Considerations for Regulating Crypto

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Scott Kupor
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Sonal Chokshi
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Given all the activity, hype, and yes, the quality range of ICOs (initial coin offerings), many U.S. regulators have been thoughtfully considering how best to protect consumers from bad actors while still enabling innovations from good actors. It’s a tough balancing act, not just because it’s a diffe...

Given all the activity, hype, and yes, the quality range of ICOs (initial coin offerings), many U.S. regulators have been thoughtfully considering how best to protect consumers from bad actors while still enabling innovations from good actors. It’s a tough balancing act, not just because it’s a difference of degree (given the pace of technological change) but also because it’s a difference of kind (these are fundamentally different technologies, that themselves evolve over time).

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Since much of the existing regulatory framework was written before the advent of such decentralized networks, it’s useful to consider both how these networks evolve over their lifetimes, as well as the history and evolution of the classic “Howey test” that determines whether or no...

Since much of the existing regulatory framework was written before the advent of such decentralized networks, it’s useful to consider both how these networks evolve over their lifetimes, as well as the history and evolution of the classic “Howey test” that determines whether or not they’re also investment contracts for regulatory and compliance purposes. Because that, in turn, affects their effective use and scalability as software systems and services.

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