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@lex_node

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| 10x cryptoattorney | building @MetaLeX_Labs | DM @lex_node TG

Mars
Joined January 2018
Don't wanna be here? Send us removal request.
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@lex_node
_gabrielShapir0
2 months
Many of you have asked what I've been working on in recent months. It's called MetaLeX. Signifying a movement beyond (μετα-) law (-lex), MetaLeX is devoted to cybernetic law solutions co-developed by devs and lawyers to fuse autonomous software with legal structures.
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@lex_node
_gabrielShapir0
4 months
@GaryGensler @SECGov lmaaoooo and you guys want to be in charge of cybersecurity standards???
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@lex_node
_gabrielShapir0
2 years
CFTC and Democrats were palling around with SBF, suing DAOs and devs, decrying the scourge of DeFi and plotting to regulate websites and wallet APIs while FTX played with customer money. Madoff and Enron were fully SEC regulated. Regulators do not protect us, period.
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@lex_node
_gabrielShapir0
3 years
@stablekwon and @MarcGoldich are suing the SEC, the absolute madmen Thread soon
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@lex_node
_gabrielShapir0
5 months
ETH vs SOL the real issues, a thread
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@lex_node
_gabrielShapir0
10 months
go ahead, keep pretending that the Prometheum CEO, Robinhood CEO, & DeepFuckingValue aren't all the same exact guy wearing different funny costumes they have played us for absolute fools
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@lex_node
_gabrielShapir0
1 year
SEC thought they were gangsta; then the Bahamanian Securities Commission walked onto the yard
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@lex_node
_gabrielShapir0
2 years
I'll join the pain train. Yes, I got completely wiped out to after-taxes negative net worth from Terra. Weirdly, although I'm pretty pessimistic and depression prone as a person, I just cannot seem to get upset about it. Not sure why, but I guess it's a good sign.
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@lex_node
_gabrielShapir0
2 years
I now completely understand how OG Bitcoin maxis became the way they are. When you witness scam after scam, you just want to go all-in on something that has standards and a track record.
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@lex_node
_gabrielShapir0
2 years
SEC could've gone after FTT as a security. Instead they sued a small under-resourced YouTube fork that gave tokens to video creators as rewards for their creativity.
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@lex_node
_gabrielShapir0
3 years
If you talk to lawyers in the space who are working on SEC defenses for DeFi projects, one of the biggest issues is that internal chats/communications (discoverable by SEC) lapse into talking about the project as if it were any tech start-up instead of a FOSS project
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@lex_node
_gabrielShapir0
1 year
@dystopiabreaker I don't know what you're talking about. I took a selfie with the new Samsung and it's 100% real with no evidence of AI processing.
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@lex_node
_gabrielShapir0
2 years
I have long been a believer in transparency and open discussion of the future of cryptolaw. Accordingly, I have obtained a copy of a draft of the notorious DCCPA circulating secretly in D.C. and am hereby making it available to the public.
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@lex_node
_gabrielShapir0
1 year
`The recent collapse of a major crypto exchange proves that the bill we were colluding with the owner of that crypto exchange to draft after he spent $40M in political bribes to get it done is the best path forward` Jesus. Fucking. Christ.
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@lex_node
_gabrielShapir0
2 years
okay, so here are my quick thoughts on the Lummis bill:
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@lex_node
_gabrielShapir0
1 year
an absolutely blistering dissent from @HesterPeirce that will likely be remembered by history
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@lex_node
_gabrielShapir0
1 year
this is it. this is the world now.
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@lex_node
_gabrielShapir0
2 years
Today, @Delphi_Digital submitted to the SEC our strong objections to the SEC's recent proposed amendments to Reg ATS, which, in part, seek to re-define all "communications protocols" as potential securities exchanges.
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@lex_node
_gabrielShapir0
1 year
if you make your blockchain into a bundle of contracts with "constitutions" etc., govts/courts/law enforcement will treat them accordingly--immutability is not legal cryptosystems are best treated as people opting out of a rights/duties regime into a powers/incentives regime
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@lex_node
_gabrielShapir0
2 years
I sold my ETH at $30 to pay my student loans. I've paid AMT multiple years. Unmarried no dependents. No COVID relief funds. Worked extremely hard for years and can't even afford a house. Tbqh I'm annoyed by student debt relief, and it's basically a form of voter bribery.
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@lex_node
_gabrielShapir0
2 years
from talking to lawyers and devs for the last two weeks re: sanctions stuff, I think USGoV has won Andre Cronje's prediction that DeFi will divide into "regulated DeFi" and "badlands DeFi" has come true and most blue-chip projects will embrace the former
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@lex_node
_gabrielShapir0
2 years
it's dicta, but here the LBRY judge reasons that even if team is completely silent about efforts--no promises, no contracts--but premines tokens, that alone creates a sufficient expectation of profits from their efforts in common enterprise to pass the Howey test very bad result
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_gabrielShapir0
2 years
a massively underrated aspect of Terra is the huge leap in UX from having a stablecoin as a gas token; it's just so much more intuitive, people like it
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@lex_node
_gabrielShapir0
1 year
whew lad, lots to digest in the SEC lawsuit vs Do Kwon and Terraform Labs right off the bat, a very interesting fact is that the SEC is being more thorough than usual--specifically running through the Howey test for various assets (UST, LUNA, and wLUNA) and also alleging that…
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@lex_node
_gabrielShapir0
9 months
Proposed treasury regs for crypto asset 'brokers' just dropped and do indeed explicitly characterize various persons involved in DeFi (including operators of websites that communicate with wallets) as brokers . I'll need to dig in more but it looks pretty bad.
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@lex_node
_gabrielShapir0
1 year
now that Gensler has made clear he regards every single token (including stablecoins) other than BTC as securities under U.S. law, can we start asking "what is the plan here?" some thoughts & facts below:
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@lex_node
_gabrielShapir0
2 years
U.S. validators (which includes very powerful Coinbase) are gonna push for protocol-level censorship They can't self-help by merely avoiding facilitation of blocks containing U.S.-sanctioned txs, because under certain conditions they might be dramatically slashed from doing so.
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@lex_node
_gabrielShapir0
1 month
as I've been saying for a while, Richard Heart's defenses are actually very strong and I think this will be the SEC's first crypto case that it actually loses
@RichardHeartWin
Richard Heart
1 month
#Ethereum . 11 of my lawyers are fighting for your rights. They just filed this motion to dismiss with the SEC. The fact pattern here seems superior to the fact patterns of other cases you see in the courts, and as such it's a wonderful place to make a stand! Check out the strong…
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@lex_node
_gabrielShapir0
1 year
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@lex_node
_gabrielShapir0
1 year
amazing
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@lex_node
_gabrielShapir0
3 months
I'm hearing from D.C. sources that U.S. regulators/legislators are saying the govt should have keys to freeze DeFi systems, reverse txs, etc. Bich the SEC could not even secure a Twitter account and you want the government to hold private keys to trillions of value???
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@lex_node
_gabrielShapir0
4 months
a blistering hot statement on the SEC's anti-crypto bias from @HesterPeirce
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@lex_node
_gabrielShapir0
1 year
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@lex_node
_gabrielShapir0
3 years
Well, it happened. TechLead finally went full scammer.
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@lex_node
_gabrielShapir0
1 year
I think it's time to acknowledge that shadowy, long-dated U.S. Treasuries pose a systemic risk to the stability of our crypto markets. I am calling on Gary Gensler and the SEC to regulate U.S. Treasuries as Howey investment contracts immediately to protect crypto investors.
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@lex_node
_gabrielShapir0
4 months
lol looks like ETF was approved but accidentally before market close so they took it down after this freakshow the SEC and especially Gensler can *never* be trusted again if any company under SEC regulation were to commit similar reckless / grossly negligent acts the SEC would…
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@lex_node
_gabrielShapir0
3 years
okay, so I went through @DonBeyerVA 's proposed 'Digital Asset Market Structure and Investor Protection Act' more carefully, and here is the obligatory thread
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@lex_node
_gabrielShapir0
2 years
Gensler basically just said he expects 10-11 years of one-off settlement negotiations with different crypto market participants before they can figure out standard rules for crypto 🤡😂🤣🤡😂🤣
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@lex_node
_gabrielShapir0
2 years
🚨OFAC revokes TC deisgnation and re-designates with clarity on what person 'Tornado Cash' is --i.e., the unincorp association of TC founders & developers + the TC DAO ...a tacit surrender to @coincenter 's lawsuit... ...but also a more legally credible pivot...
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@lex_node
_gabrielShapir0
1 year
DAOs are under legal attack. But we can’t give up; decentralization & autonomy are more important than ever. That’s why, today, I’m excited to announce a new concept I’ve developed with @delphi_labs the Cybernetic Organization or 'BORG'.
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@lex_node
_gabrielShapir0
11 months
whatever you think of Hinman emails and Ripple's chances of wining/losing, I think we can all agree SEC policy, tactics, everything on crypto has been an absolute mess--even before Gensler--inviting arbitrary application of law through nebulous 'morphing' non-guidance
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@lex_node
_gabrielShapir0
2 years
popular data center / web host for Etherum and Cosmos nodes announcing all blockchain activity violates their ToS they are going to push us to max decentralization
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@lex_node
_gabrielShapir0
2 years
last week cryptolawyers invented a new doctrine that if a person receives crypto from a sanctioned address, that person or that person's address is now also sanctioned despite not being on SDN list unprecedented, total capitulation and now making the rounds justifying this....
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@lex_node
_gabrielShapir0
1 year
believe it or not @avi_eisen arrest is very bearish for DeFi: (1) sure, it might deter further attacks, but the whole point of these protocols is that they need to be robust against such attacks in a pvp environment
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@lex_node
_gabrielShapir0
8 months
if you run any kind of interface etc. for a DeFi credit protocol, block the U.S. many people told me I was crazy when I said that the CFTC's case against OokiDAO simply makes DeFi illegal under the CFTC's view of U.S. law; I was right--they were wrong
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@lex_node
_gabrielShapir0
4 years
loooooooooool
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@lex_node
_gabrielShapir0
1 year
appalling & discriminatory result. . . . ...Custodia (fka Avanti) was the best hope for legit crypto banking in the U.S...it would've made crypto safer (not riskier) by limiting rehypothecation risks & creating a more regulated option for on/off-ramps...
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@lex_node
_gabrielShapir0
8 months
uniswap labs, paradigm et. al. win dismissal of class action suit trying to hold them liable for sales of 'scam tokens' on Uniswap AMM some good fodder in here to use against the Treasury b/d proposal and various SEC cases
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@lex_node
_gabrielShapir0
11 months
okay, as promised, here is my long/stream-of-consciousnessy thread on the proposed crypto market structure bill CAVEAT: this is one of the most of complex & ambitious financial laws ever written. I might miss stuff. I am paraphrasing some things for ease of readability.
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@lex_node
_gabrielShapir0
2 years
I happen to think very few people are consciously evil SEC, CFTC--please stop harassing open source developers building good software, and focus your efforts on the people really playing games with other people's money and manipulating the market
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@lex_node
_gabrielShapir0
7 months
I told you guys for a long time. And they waited till $50M new UNI proposal to Foundation was approved to announce this. No idea why anyone holds UNI. *This* is the kind of token the SEC should be cracking down on, not the ones that actually do have intrinsic system fees.
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@lex_node
_gabrielShapir0
2 years
@Iso_IX @Mudit__Gupta they don't want to drive value to UNI; it's a regulatory liability and they have a plan to monetize their equity they own a much bigger % of their company equity than of the token
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@lex_node
_gabrielShapir0
2 years
In corporate finance we talk about "exit liquidity". Through crypto--UNI, APE, COMP--silicon valley VCs invented "non-exit liquidity". APE is plunging because the real asset is BAYCs and/or YugaLabs equity and the market was dumb enough to buy into " value by association".
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@lex_node
_gabrielShapir0
2 years
the first principle of cryptolaw is that there are no rights, only powers the second principle of cryptolaw is that there are no obligations, only incentives the third principle of cryptolaw is that the only agreements are agreements to defer to systems-driven outcomes
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@lex_node
_gabrielShapir0
2 years
I haven't seen anyone discussing whether @BrantlyMillegan 's right to freedom of religion is being violated. I totally disagree with his heinous views but it seems he was uniformly praised for his work and is being fired for expressing his religion? What am I missing?
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@lex_node
_gabrielShapir0
3 months
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@lex_node
_gabrielShapir0
1 year
Investor Advisory Committee to SEC ("independents" advising SEC on desirable policy to protect investors) recommends SEC treat essentially all tokens as securities and pursue aggressive enforcement... argues crypto harms racial minorities infuriating take but par for the course
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@lex_node
_gabrielShapir0
1 year
John Ray woke up and chose violence let us all learn from his ways
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@lex_node
_gabrielShapir0
2 years
there is a special place in hell reserved for lawyers who get rich from crypto clients then drop them as soon as the going gets tough this is a subtweet
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@lex_node
_gabrielShapir0
2 years
This dev left the Ethereum community forever after witnessing shocking acts of the most vile and wanton depravity ever displayed at a crypto conference. Please keep it professional or Ethereum will lose all its devs. No flirting no smoking and definitely no back scratching.
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@lex_node
_gabrielShapir0
11 months
Howey test requires "reasonable expectation of profits," and yet somehow no one has raised the most obvious defense of all: We are *not*... reasonable people.
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@lex_node
_gabrielShapir0
4 months
lol, guess I'm the only person at Delphi who's not a Solana bull. . .I have nothing against Solana & it seems some cool people are building some cool stuff there, but I quite literally don't get the point of it no matter how much I read about it. . .if high speed/low cost is your…
@Delphi_Digital
Delphi Digital
4 months
“We believe @ethereum ’s dominant market share is bound to deteriorate. And as the largest and most vibrant non-EVM ecosystem, we expect @solana to be the main recipient of market share normalization.”- 𝐓𝐡𝐞 𝐘𝐞𝐚𝐫 𝐀𝐡𝐞𝐚𝐝 𝐟𝐨𝐫 𝐌𝐚𝐫𝐤𝐞𝐭𝐬 𝟐𝟎𝟐𝟒. Our Year Ahead…
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@lex_node
_gabrielShapir0
3 months
🚨Very important exchange from today's SEC hearing where SEC staff assert that the new broker-dealer rule will make all LPs in AMMs into securities dealers with a registration requirement. Paraphrase of @HesterPeirce 's incisive questioning of staff below: 🚨 Staff: "AMM is…
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@lex_node
_gabrielShapir0
10 months
Even though I thought Ripple would lose, this is one of the best days of my life and truly the interests of justice are served by this result....
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@lex_node
_gabrielShapir0
3 years
meanwhile on the HEX stream
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@lex_node
_gabrielShapir0
1 year
sounds like the SEC is poised to approve last year's widely protested Reg ATS amendments that shadow-covered DeFi without reopening comment period or paring that part back what a nightmare
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@lex_node
_gabrielShapir0
2 years
I passed Gary Gensler on the street one time and he gave me the subtlest possible nod, clearly signaling that none of the tokens I like are securities.
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@lex_node
_gabrielShapir0
2 years
you need to be entity-maxxing; you need at least one entity in every haven: Caymans, Dubai, Panama. you need entities-within-the-entities, all managed by different teams with different governance structures. you need entities that own each other, like a snake eating its own tail.
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@lex_node
_gabrielShapir0
20 days
remains absolutely wild the amount of clearly, indisputably illegal things in crypto that regulators do NOT go after, while pursuing crazed theories like "unhosted wallets" being brokers can only be explained by wanting to discredit & destroy crypto
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@lex_node
_gabrielShapir0
2 years
I feel like "understands crypto extremely well but is extremely skeptical of 95% of blockchain ideas and not afraid to shred them to pieces" is a woefully underrepresented but badly needed industry service niche
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@lex_node
_gabrielShapir0
2 years
SEC still going after 2017 ICOs litigation over 2020 projects hasn't even really started yet (barely) so we have a long road ahead & I expect to see the first big DeFi action by SEC before end of September
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@lex_node
_gabrielShapir0
10 months
A huge part of the success of Ethereum is that a bunch of smart weirdoes got rich from its ICO & became a new NEET intellectual aristocracy We need more ICOs and less VC funded stuff if we want similarly strong success stories from other projects....
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@lex_node
_gabrielShapir0
29 days
Avi Eisenberg's lawyers are doing a brilliant job this is cross-exam of a *prosecution* witness they are (correctly) portraying Mango Markets as a *machine*, rather than a counterparty--hence no fraud involved Avi might actually have a chance here
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@lex_node
_gabrielShapir0
1 year
new stablecoin protocol just dropped
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@lex_node
_gabrielShapir0
1 year
Senator: can we just pause cryptocurrency until we're ready to regulate it? 🤣🤣🤣
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@lex_node
_gabrielShapir0
2 years
I hate to say it but the legal advice in crypto from major firms is so bad now that I believe many projects would be better served by using common sense. As soon as "crypto" is involved they default to max-panicked position that is worst for client and best for govt--astonishing
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@lex_node
_gabrielShapir0
11 months
@xbtGBH a lot of these guys count 'pulling a girl' as leaving the club with her friends and eating some falafel at the late-night gyro shop before calling their respective ubers, but yes
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@lex_node
_gabrielShapir0
7 months
Purported "tokenization" of purported "RWAs" is mostly fake/impossible--a brief thread
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@lex_node
_gabrielShapir0
4 months
anti-crypto political hacks love to tout crypto's lack of "legal compliance" until a court of law disagrees with them--then they just ignore the courts and keep saying it's illegal anyway who really has 'no respect for the law'? us or them?
@SenWarren
Elizabeth Warren
4 months
The @SECgov is wrong on the law and wrong on the policy with respect to the Bitcoin ETF decision. If the SEC is going to let crypto burrow even deeper into our financial system, then it's more urgent than ever that crypto follow basic anti-money laundering rules.
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_gabrielShapir0
1 year
why do journalists not ask Gensler about this in his countless media appearances? why do they let his claims of "just register" go unchallenged? what is the plan? we are all wondering, and billions of American $ are at risk @GOPMajorityWhip @PatrickMcHenry please act fast
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@lex_node
_gabrielShapir0
2 years
Felt pretty close to retirement for a bit there, but now you guys are stuck with me for years to come. 🤣
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@lex_node
_gabrielShapir0
3 years
In other words, you need to run your project consistently as a sort of open hacker collective, and not as a silicon-valley start-up. This is the #1 reason why Ethereum got better regulatory treatment than Ripple.
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_gabrielShapir0
1 year
I just read SEC's case against Bittrex & am floored...more aggressive than could've been imagined and goes directly against Dash's no-premine model, saying DASH is a security despite the fact that the devco is funded by validators out of block rewards...
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@lex_node
_gabrielShapir0
1 year
apparently the NY Times and other mentally deranged journos still don't understand the difference between "money manager" and "custodian" FTX was supposed to be a custodian and trading platform not a hedge fund
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@lex_node
_gabrielShapir0
8 months
We could've made Erik Voorhees the main character but instead we make literal scammers the main character and still simp for them after they scam us. 😭
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@lex_node
_gabrielShapir0
2 years
TFL has filed its opposition to the SEC's last filing in their ongoing litigation
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@lex_node
_gabrielShapir0
1 year
deleted top tweet & fixing typo: this was at a DC DeFi demo event for lawmakers and policy wonks put on by Paradigm it's not just SBF--VCs are begging for D.C. to regulate websites it would create new biz models for them while killing competition pulling up the ladder
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@lex_node
_gabrielShapir0
6 months
it's very frustrating as a lawyer in the space to see relatively conservatively structured projects get targeted on strained securities law theories while projects with fairly clear securities law violations run rampant, often with major VC backing...
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@lex_node
_gabrielShapir0
1 year
Coinbase tightening up the terms of their staking program to augment their securities defenses If Coinbase got hit before Kraken, Kraken could've used Coinbase case as a lesson to tighten up Kraken's program SEC is *literally* picking winners and losers
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@lex_node
_gabrielShapir0
2 years
you're going to hear a lot about real and fake decentralization & "DeFi principles" in upcoming discussions about regulation IMO, we must not support anything that requires the govt to give permission for creating or operating software (for profit or for free)
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@lex_node
_gabrielShapir0
2 years
I've been telling you guys, the Democratic party is at war with crypto and, furthermore, with all disintermediation technology. Elizabeth Warren's bill is basically a criminalization of working on decentralization technologies.
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@lex_node
_gabrielShapir0
7 months
scathing expose of Gensler's SEC in the Wall Street Journal today April 2022--SEC had an "internal data breach"
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@lex_node
_gabrielShapir0
3 years
blockchain peeps will be like "ew corporations are centralized" and then delegate all their governance votes to 3 cartoon avatars
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@lex_node
_gabrielShapir0
2 years
crypto law/policy has become very confused, for the following reasons this is a potentially cancellable opinion, but I believe it really explains "how we got here"--i.e., to the very strange and confusing legal/policy position we are in as an industry
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@lex_node
_gabrielShapir0
5 months
you call it hacking kyberswap exploiter calls it private equity you are not the same
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@lex_node
_gabrielShapir0
3 years
at this point I'm assuming every blue-chip Silicon-Valley backed DeFi project got an SEC subpoena last week I don't have firsthand knowledge of any (does this mean I'm good at my job?) but enough rumors from different people, with the Uniswap front-end censor a soft confirm
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@lex_node
_gabrielShapir0
1 year
i OnLy hAvE $100K iN My BaNk aCcOuNt
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@lex_node
_gabrielShapir0
10 months
I would strongly suggest people move away from "DAO" and similar terms. Call them "smart governance systems" or similar. Emphasis on it being software instead of an "org". I can't do a long thread rn but many legal factors (including pending legislation) play into this....
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_gabrielShapir0
5 months
so why is JPM heavily invested in Consensys? I am confused...
@YahooFinance
Yahoo Finance
5 months
"I've always been deeply opposed to crypto, bitcoin, etc. [Senator Warren] pointed out the only true use case for it is criminals," says JPMorgan Chase CEO Jamie Dimon. "If I were the government I'd close it down."
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