Back to my roots

Very pleased to catch up with Adam B. Levine, Stephanie Murphy, and my good friend Jonathan Mohan on the original (and still best) Bitcoin podcast, Let’s Talk Bitcoin, for the first time since 2014. Very pleased to be back on @LTBNetwork chatting with @GamerAndy, Stephanie Murphy @JonathanMohan this week. https://t.co/1GH4sWR6Pp — Preston Byrne (@prestonjbyrne) June 17, 2018

Ether is not a Security?

 Not your lawyer, not legal advice. Following my post Whether Ether is a Security, in which I agreed with Gary Gensler’s assessment that Ether is probably a security, and Ether was (probably) a security, in which the WSJ leaked that regulators did in fact consider Ether to be a security, SEC director William Hinman announced today that it is his view that Ethereum is likely not a security – although it may have been one in the past. This has been received by the market as semi-official opinion of the agency, as it should be. In practice, I suspect this means that…

If ETH Isn’t a Security Then Nothing Is

Originally posted on Mechanical Markets:
Ethereum tokens (ETH) are often considered commodities but not securities, like Bitcoins. [1] But I think that ETH meets any common sense definition of “security” and that the ETH ecosystem needs to be closely examined by securities regulators. I’m not a lawyer, and not the right person to be making this argument, but it seems important and urgent — so I hope you’ll forgive any errors. [2] Ethereum’s Announcement The Ethereum Project was announced on the bitcointalk.org forum in January 2014 by cofounder Vitalik Buterin. The announcement solicited “investors and evangelists” who would be protected…

Ether was (probably) a security

This is a follow-up from my post last week titled “Whether Ether is a security.” Turns out that Ether very probably was a security, per this morning’s report in the Wall Street Journal: A conversation I've had hundreds of times since 2014: Dilettantes: "Ether isn't a security, it's cryptofuel"Me: "You're wrong" Welp pic.twitter.com/fSmaLHHH8Y — Preston Byrne (@prestonjbyrne) May 1, 2018 Looking forward to writing the follow-up, “Ether is a security,” in due course, although I will not be able to write it until such time as a federal judge has a chance to weigh in on the matter. Until next time, then.

Whether Ether is a security

Disclaimer: English lawyer, not practising this year, yes in England “practise” is spelled with an “S” when used as a verb, ergo I’m not your lawyer and this blog post is not legal advice.  UPDATE, 27 APRIL 2018: @hasufl has written a follow-up to this post exploring the Ether pre-sale distribution’s dataset in more detail. I highly recommend reading it. I am often asked, directly, whether I think this coin or that one is a security (and thus required to be registered with the SEC before being offered to the public) or not. Virtually every time I demur. Part of the…