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Jerry Brito Profile
Jerry Brito

@jerrybrito

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Executive director of @coincenter , the DC-based crypto think tank.

Washington, DC
Joined February 2007
Don't wanna be here? Send us removal request.
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@jerrybrito
Jerry Brito
2 years
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@jerrybrito
Jerry Brito
4 months
New crypto tax reporting obligations took effect on Jan 1. If you receive $10k or more in crypto you now have an obligation to report the transaction (including names, addresses, SS numbers, etc.) to the IRS within 15 days under threat of a felony charge.
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@jerrybrito
Jerry Brito
2 years
OK, I read it. Here’s my quick take on the executive order.
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@jerrybrito
Jerry Brito
2 years
1/ Today Coin Center filed suit in federal district court against OFAC challenging its authority to sanction Tornado Cash immutable smart contracts.
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@jerrybrito
Jerry Brito
4 months
We sent a reponse letter to Sen. Warren's demand that Coin Center disclose if we employ former federal officials "to undermine bipartisan efforts in Congress"
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@jerrybrito
Jerry Brito
2 years
Here is Coin Center's new, full analysis of the Tornado Cash action by OFAC. Bottom line: We believe that OFAC has overstepped its legal authority and are exploring a court challenge.
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@jerrybrito
Jerry Brito
2 years
The message I take from this EO is that the federal government sees cryptocurrency as a legitimate, serious, and important part of the economy and society, and I think it’s a good signal to serious people who’ve been holding back from getting involved.
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@jerrybrito
Jerry Brito
2 years
Wow. Now this is great communication. So proud to work with @NeerajKA
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@jerrybrito
Jerry Brito
5 months
Coin Center received the same impertinent letter from Elizabeth Warren as the BA and Coinbase. Read it for yourself to see what a bullying publicity stunt it is.
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@jerrybrito
Jerry Brito
2 years
Today Coin Center filed suit in federal district court against the Treasury Department in a facial constitutional challenge to the amendment of Section 6050I of the Tax Code that was part of the Infrastructure Investment and Jobs Act passed last summer.
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@jerrybrito
Jerry Brito
2 years
Why do people think making Bitcoin legal tender will do anything?
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@jerrybrito
Jerry Brito
2 years
Well, the EO is just further affirmation that when serious officials take a sober look at crypto, the reaction is not to light their hair on fire, but instead to recognize it as a innovation that the U.S. will want to foster and lead while mitigating obvious risks.
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@jerrybrito
Jerry Brito
2 years
Today’s action does not seem so much as a sanction against a person or entity with agency. It appears instead to be the sanctioning of a tool that is neutral in character and that can be put to good or bad uses like any other technology.
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@jerrybrito
Jerry Brito
2 years
So, Coin Center looks forward to engaging with the various agencies now tasked with studying and planning on the issues we’ve spent nearly a decade working on, as well as engaging with thought legislative proposal from serious leaders in Congress.
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@jerrybrito
Jerry Brito
2 years
The EO also presents another striking contrast with alarmist politicians and media in that it is ultimately a call for further study and deliberate planning, not a reactive rush to legislate or regulate.
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@jerrybrito
Jerry Brito
5 months
This is the statement we gave to the media:
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@jerrybrito
Jerry Brito
2 years
2/ Not only are we fighting for privacy rights, but if this precedent is allowed to stand, OFAC could add entire protocols like Bitcoin or Ethereum to the sanctions list in future, thus immediately banning them without any public process whatsoever. This can't go unchallenged.
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@jerrybrito
Jerry Brito
2 years
Forcing citizens to collect highly intrusive information about other citizens, and report it to the government without a warrant, is unconstitutional under the Fourth Amendment.
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@jerrybrito
Jerry Brito
2 years
We intend to win this challenge even if it’s necessary to go to the Supreme Court, and we’ll keep you posted as the case unfolds. You can read more about our suit here.
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@jerrybrito
Jerry Brito
2 years
If there’s anyone who should not abide by the motto “move fast and break things” it’s Congress.
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@jerrybrito
Jerry Brito
2 years
3/ We intend to win this challenge even if it’s necessary to go to the Supreme Court, and we’ll keep you posted as the case unfolds. You can read more about our suit here.
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@jerrybrito
Jerry Brito
10 months
1/ I’m sorry to have to say that Coin Center's case challenging Congress’s expansion of Section 6050I of the tax code was dismissed as unripe by the district court.
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@jerrybrito
Jerry Brito
4 months
This is the 6050I law that Coin Center challenged in federal court and our case is in appeals. Unfortunately for the time being there is an obligation to comply – but it's unclear how one can comply. The existing form for "cash" transactions isn't applicable, and there are many…
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@jerrybrito
Jerry Brito
2 years
In the background of this narrative fog, you could find statements from the professionals at Treasury and the White House on the front lines of crypto issues consistently saying that while it presents certain risks, they can be mitigated and that the tech holds great promise.
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@jerrybrito
Jerry Brito
1 year
The bipartisan Digital Asset Anti-Money Laundering Act, introduced today by Sens. Warren and Marshall, is the most direct attack on the personal freedom and privacy of cryptocurrency users and developers we’ve yet seen. We explain here:
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@jerrybrito
Jerry Brito
2 years
Today Coin Center published a just-the-facts explainer on how Tornado Cash works. In researching it we found yet another way in which OFAC's designation of immutable smart contracts likely exceeds its statutory authority.
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@jerrybrito
Jerry Brito
2 years
Accidentally just had breakfast at a vegan restaurant. How do you people live like this?
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@jerrybrito
Jerry Brito
4 months
Glad to see the IRS has belatedly listened to us and recognized the impossibility of complying with 6050I using crypto, but its statement on the matter is baffling. They state that the new crypto reporting obligations in the Infrastructure Investment and Jobs Act “requires the…
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@jerrybrito
Jerry Brito
2 years
@GGrimalda @VW Isn’t turning off the heating a step toward “decarbonizing”?
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@jerrybrito
Jerry Brito
2 years
Over the past couple of weeks, we’ve seen a variety of politicians, media, and consultants (who are often former officials from two or three administrations ago) drive a narrative that crypto is not just useless but dangerous and should be seriously restricted.
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@jerrybrito
Jerry Brito
2 years
First the Biden Executive Order, now the New York Times acknowledges crypto’s profound social, cultural, and economic significance
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@jerrybrito
Jerry Brito
2 years
And demanding that politically active organizations (like Coin Center) create and report lists of their donors’ names and identifying information to the government is unconstitutional under the First Amendment.
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@jerrybrito
Jerry Brito
10 months
3/ This law will apply to all of us in six months, so time is of the essence, and we’ll be appealing to the Sixth Circuit right away. To learn more, read our original post explaining what's at stake:
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@jerrybrito
Jerry Brito
2 years
A big thank you to our co-plaintiffs Dan Carman, Raymond Walsh, and Quiet Industries. And to our legal team at @ConMcPLLC and @abesutherland 🙏
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@jerrybrito
Jerry Brito
2 years
4/ A big thank you to our co-plaintiffs Patrick O'Sullivan, @TrustlessState , and @Brigade688 . And to our legal team at @ConMcPLLC and @abesutherland 🙏
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@jerrybrito
Jerry Brito
2 years
I'm seeing some folks sound an all-hands-on-deck red alert on this new Warren bill. While it's terrible, I don't think it's time to hit the panic button yet.
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@jerrybrito
Jerry Brito
2 years
That provision will require individuals and businesses who receive $10,000 or more in crypto to report to the government not just the name of who sent them the funds, but that person’s date of birth and Social Security number as well.
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@jerrybrito
Jerry Brito
16 days
Over the past few days there have been a number of attacks on non-custodial crypto services. - the Samourai Wallet indictment, which we believe includes some questionable charges - the government’s response in the case against Tornado Cash’s developers, which specifically…
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@jerrybrito
Jerry Brito
1 year
One thing I'm having a hard time understanding is, suppose all of SBF's investment in DC had paid off, and he'd gotten a deal with the SEC or a bill that provided for CFTC oversight over FTX, then what? They'd discover the hole and the malpractice, no? What was the endgame in DC?
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@jerrybrito
Jerry Brito
2 years
Was briefing Senate staffers on Tornado Cash today and during the call I looked up and pasted into chat a link to the GitHub repository for the command-line interface app for TC to show that one can use the smart contracts directly without a web interface.
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@jerrybrito
Jerry Brito
5 months
And while I have your attention, let me direct it to something perhaps more interesting. Also yesterday we filed our appellate brief in our suit against OFAC over Tornado Cash. We’re proud of it and hope you’ll read it to see the kind of work your support makes possible:…
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@jerrybrito
Jerry Brito
2 years
A few minutes later, during the call, that page was taken down. All the page had on it was code. Speech. Sure helped illustrate what is at stake here. I really hope devs in the community will work to get the coded mirrored somewhere else. Please let me know if this is happening.
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@jerrybrito
Jerry Brito
2 years
When people say Bitcoin is a battery, they mean that figuratively, right? Not that it is literally stored energy that can be used to power a toaster, right? Honest question. Just heard someone make a claim on a podcast that is making me question my assumption.
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@jerrybrito
Jerry Brito
10 months
2/ This law take effect on Jan 1, 2024, and will require citizens who are recipients of crypto payments of $10,000 or more to report to the government not just the transaction, but the PII of the sender as well–all without a warrant.
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@jerrybrito
Jerry Brito
4 months
We've been trying to sound the alarm on 6050I since Nov 2021 (we filed the court case in June 2022) and are somewhat amused that folks are getting it now. :) Here's a twist I find especially amusing that you all might appreciate now: If two day traders exchange crypto A for…
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@jerrybrito
Jerry Brito
4 months
@TheCryptoCPA The obligation applies to *individuals* if they receive $10k+ in the course of their trade or business, not just "businesses." So, if I'm a miner (even as an individual) I'm covered. Also, if I'm a day trader (even as an individual) I'm covered. If I'm an NFT artist it would also…
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@jerrybrito
Jerry Brito
2 years
Crypto Advocates Say Elizabeth Warren's Sanctions Bill Is Unconstitutional
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@jerrybrito
Jerry Brito
5 months
She says the public “deserves transparency” but the implication of that view is that nonprofits deserve no privacy from government intrusion. Surely she would see the problem in this if a right-wing senator sent as bullying a letter demanding ‘transparency’ from a progressive…
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@jerrybrito
Jerry Brito
2 years
It does not have bipartisan support, doesn't seem like it will be attached to anything 'must-pass', and flies in the face of what experts and the Administration recommend. I don't see it moving for now. Will let you know if anything changes.
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@jerrybrito
Jerry Brito
2 years
I can’t get enough of this day
@DefiantLs
Defiant L’s
2 years
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@jerrybrito
Jerry Brito
2 years
Some folks in Congress really, really get it.
@GOPMajorityWhip
Tom Emmer
2 years
Just finished reviewing Biden’s Executive Order on Digital Assets… Here are a few thoughts:
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@jerrybrito
Jerry Brito
10 months
We've looked at the new bill by @SenJackReed , @SenatorRounds , @SenatorWarner , and @SenatorRomney that would extend sanctions penalties and AML obligations to developers of decentralized protocols. It's unconstitutional and ill-considered. Our analysis:
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@jerrybrito
Jerry Brito
1 year
The Stablecoin TRUST act introduced by @SenToomey today includes a provision to limit warrantless surveillance of all crypto transactions. Thank you Sen. Toomey!
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@jerrybrito
Jerry Brito
5 months
And finally, speaking of support, I hope you will keep Coin Center in mind for your end-of-year giving. Happy holidays!
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@jerrybrito
Jerry Brito
2 years
This. Twitter is an immutable timestamp server.
@TheCryptoCPA
Shehan
2 years
An Edit button would defeat the whole purpose of Twitter.
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@jerrybrito
Jerry Brito
2 years
1/ The Virtual Currency Tax Fairness Act was introduced with bipartisan sponsors in the Senate today. This is a companion to a bill with the same name that has been introduced in the House the last four congresses.
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@jerrybrito
Jerry Brito
2 years
@mayazi You can “communicate” for a decade and then one guy comes along and undoes any good you’ve done. Kinda demoralizing.
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@jerrybrito
Jerry Brito
2 years
In a recent speech, Gary Gensler said crypto exchanges should register with, and be regulated by, the SEC because they are *probably* listing securities. I address that idea in the new issue of my newsletter, which you can read subscribe to here:
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@jerrybrito
Jerry Brito
10 months
Congratulations to Chair @PatrickMcHenry on passing the Financial Innovation and Technology for the 21st Century Act out of HFSC on a bipartisan basis. There's a lot of good in the bill-most importantly it honors the rights of individuals to write and use cryptocurrency software.
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@jerrybrito
Jerry Brito
2 years
This is good. Should also apply to all fintechs (like PayPal, Square, etc.), not just crypto exchanges.
@CoinDesk
CoinDesk
2 years
SCOOP: The Biden administration will press Congress to include a requirement for crypto exchanges to firewall customer funds from their own corporate funds in case of bankruptcy in any legislation on crypto. @jesseahamilton reports
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@jerrybrito
Jerry Brito
2 years
Canadian government has been unable to seize most crypto donated to Freedom Convoy protesters
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@jerrybrito
Jerry Brito
4 months
Here is Warren's original letter to us, which I encourage you to read.
@jerrybrito
Jerry Brito
5 months
Coin Center received the same impertinent letter from Elizabeth Warren as the BA and Coinbase. Read it for yourself to see what a bullying publicity stunt it is.
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@jerrybrito
Jerry Brito
2 years
I think people are massively discounting the likelihood that Elon will act as erratically about free speech in the future as he does about everything else.
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@jerrybrito
Jerry Brito
2 years
I’m looking forward to reading the executive order when it comes out
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@jerrybrito
Jerry Brito
2 years
When it rains, it pours
@neil_chilson
Neil Chilson ⤴️⬆️🆙📈 🚀
2 years
SEC's proposed rule to change the definition of "exchange" in the ATS Rule is "Unpublished but scheduled to be published TOMORROW." Comments due in 30 days --> Sunday, April 17 which means Friday, April 15 to be safe. #crypto
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@jerrybrito
Jerry Brito
2 years
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@jerrybrito
Jerry Brito
2 years
This is everyone who would be subject to sanctions under Sen. Warren's new bill. Would include miners, node operators, smart contract developers, etc. This is unnecessary, overbroad, and unconstitutional.
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@jerrybrito
Jerry Brito
2 years
Just wanted to say how proud I am to work with @valkenburgh . If you haven’t already, read his comment showing the SEC’s proposed stealth regulation of DEX is unconstitutional, setting up a court challenge if the rule becomes final. Brilliant and right.
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@jerrybrito
Jerry Brito
2 years
@NanduMadhava @TheStalwart @NeerajKA @coincenter No. We advocate for the rights of people to build and use crypto, not particular uses of crypto, which more often than not are pretty dumb. I disapprove of your ape, but I’ll defend to the death your right to slurp juice it.
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@jerrybrito
Jerry Brito
4 months
@b0ggs2 I'll add that to my list of open questions
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@jerrybrito
Jerry Brito
2 years
I worry that Sen. Warren will introduce a bill based on the shelved, last-minute rulemaking that former Treasury Secretary Steven Mnuchin tried to ram through at the end of the Trump Administration, and that's the subject of my newsletter this week.
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@jerrybrito
Jerry Brito
2 years
@marquisdecalmes @coincenter This just came out. We need some time to understand the full implications. But if speech and privacy tech is being banned without due process, don’t see how that can’t be challenged.
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@jerrybrito
Jerry Brito
2 years
Glad to see @EFF will work with OFAC to clarify TC designation doesn’t mean it’s illegal to publish code. Coin Center is committed to establishing that OFAC exceeded its authority by sanctioning immutable smart contracts in the first place, even if we have to take OFAC to court
@matthew_d_green
Matthew Green
2 years
There are a lot of thorny issues around the OFAC/Treasury sanctioning of an open source project, and what it means for freedom of speech. To help figure those out, the EFF has agreed to represent me.
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@jerrybrito
Jerry Brito
2 years
@Dennis_Porter_ @ewarren It is not time to call Congress. This is not a moment to pull the red alert lever. This bill, as it stands, so obviously lacks support that it likely won't move. Let's not cry wolf.
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@jerrybrito
Jerry Brito
1 year
Thank you to @GOPMajorityWhip for re-introducing today the Blockchain Regulatory Certainty Act, which would make sure that non-custodial actors in crypto are never the subject of regulation.
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@jerrybrito
Jerry Brito
2 years
I’m glad to see folks taking to court the arguments re Tornado Cash that Coin Center has been developing. The complaint filed today in the Western District of Texas is very well done. We continue to work on our own effort.
@jeffjohnroberts
Jeff Roberts
2 years
Here's first lawsuit over Tornado Cash sanctions. Case is a big deal for crypto industry and the freedom to use code. Coinbase is funding the lawsuit. tip @Techmeme
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@jerrybrito
Jerry Brito
2 years
@Dennis_Porter_ @ewarren If you aggressively oppose *any* attack by Warren you will exhaust the community with a red alert every week and for no good reason because the vast majority of her attacks will amount to nothing. We need the community to know that when we call, it really matters.
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@jerrybrito
Jerry Brito
2 years
Thanks to @laurashin for having me on her podcast to discuss why we think OFAC may have overstepped its authority by adding certain Tornado Cash smart contract addresses to the sanctions list.
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@jerrybrito
Jerry Brito
2 years
Reminds me of JFK saying that Washington is a city of Northern charm and Southern efficiency.
@thehill
The Hill
2 years
. @RepMaxineWaters : "Central Bank Digital Currencies have the potential to harness the efficiency of cryptocurrencies while providing the security and stability of the U.S. dollar backed by full faith and credit of the federal government."
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@jerrybrito
Jerry Brito
10 months
We've digested the SEC v. Ripple decision and the commentary surrounding it and recorded an episode of Tangents to analyze the opinion and give our take.
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@jerrybrito
Jerry Brito
4 months
@andy8052 Actually, it's aggregate for related transactions
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@jerrybrito
Jerry Brito
2 years
I’ve seen at least a dozen tweets wondering why we’re not talking about what’s happening in Shanghai.
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@jerrybrito
Jerry Brito
25 days
The Lummis-Gillibrand bill introduced this week would create a regulatory framework for stablecoins, which is a laudable effort. Unfortunately, it includes a ban on "algorithmic payment stablecoins" that would stifle innovation and violate free speech rights under the First…
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@jerrybrito
Jerry Brito
1 year
And now for some good news. While some members of Congress are gunning for non-custodial uses of crypto, others are working to protect it. This bill would create a safe harbor from state licensing requirements for non-custodial entities. Thank you @RepTomEmmer
@GOPMajorityWhip
Tom Emmer
1 year
Probably a good time to re-up my bipartisan Blockchain Regulatory Certainty Act. The bill asserts that blockchain entities that never custody consumer funds are not money transmitters… providing necessary legal certainty to ensure the future of crypto reflects American values.
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@jerrybrito
Jerry Brito
2 years
A .eth ENS domain is a NFT. That is, a digital asset. But so what? Why should such NFTs or markets in them be regulated by the SEC or CFTC?
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@jerrybrito
Jerry Brito
2 years
@NeerajKA 3) Entire story is based on two anonymous sources who provide only anecdotes of what they presume is happening. SMH.
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@jerrybrito
Jerry Brito
2 years
Peter and I recorded an episode of the Coin Center podcast to walk through our analysis of OFAC's Tornado Cash action. You can watch it here:
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@jerrybrito
Jerry Brito
2 years
Walk into hipster coffee shop in Asheville, NC. See this. @urbit
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@jerrybrito
Jerry Brito
1 year
I guess Neeraj was right
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@jerrybrito
Jerry Brito
10 months
Bottom line, not only do we think Judge Torres's opinion is generally correct, we're glad to see she employed the same analysis of Howey that Coin Center has been advocating for almost 10 years: a token can be the subject of a securities offerings without being a security itself.
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@jerrybrito
Jerry Brito
2 years
I think @balajis has some serious competition
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@jerrybrito
Jerry Brito
7 months
FinCEN's new proposed application of special measures on crypto assets is incredibly overbroad as FinCEN itself admits. This is problematic to say the least. Makes me despair for the rule of law. We're digesting and will certainly be filing a comment.
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@jerrybrito
Jerry Brito
4 months
Also interesting to note that this claim that the law “requires the Treasury Department to issue regulations before it goes into effect” is in the press release accompanying the official Announcement. The official Announcement doesn’t make any such claim. Instead it just says…
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@jerrybrito
Jerry Brito
2 years
@DavidZell_ The downside on the part of the community is not just burnout, but wolf-crying – i.e. they may not listen when it *really* is time to activate. On the part of Congress, if they're constantly bombarded by calls on every crypto bill, they will start to discount our voice.
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