lucash.dev on Nostr: I don’t agree with the argument that every crypto-asset other than bitcoin is a ...
I don’t agree with the argument that every crypto-asset other than bitcoin is a security.
Maybe that’s the case in terms of positive law — aka whatever legislators and courts define as such.
But in terms of logic, if every crypto asset other than Bitcoin is a security — then every asset other than Bitcoin is a security.
Wether cryptography is used for tracking property is irrelevant.
If you created a token that represents a fractional ownership of real estate would that be a security? Why isn’t an apartment a security then?
If the expectation of something becoming more valuable due to the work of others turns that something into a security— then every asset you buy today to sell tomorrow is a security — including Bitcoin and USD.
In fact I can’t see any true essence in the “security” species to set it apart from other sort of property.
It’s just a regulatory fiction to obtain jurisdiction over part of the economy.
We should not encourage semantic creep that leads to inflated regulatory power with statements like “everything but Bitcoin is a security”.
Published at
2023-03-18 04:23:50Event JSON
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"content": "I don’t agree with the argument that every crypto-asset other than bitcoin is a security.\n\nMaybe that’s the case in terms of positive law — aka whatever legislators and courts define as such.\n\nBut in terms of logic, if every crypto asset other than Bitcoin is a security — then every asset other than Bitcoin is a security.\n\nWether cryptography is used for tracking property is irrelevant.\n\nIf you created a token that represents a fractional ownership of real estate would that be a security? Why isn’t an apartment a security then?\n\nIf the expectation of something becoming more valuable due to the work of others turns that something into a security— then every asset you buy today to sell tomorrow is a security — including Bitcoin and USD.\n\nIn fact I can’t see any true essence in the “security” species to set it apart from other sort of property.\n\nIt’s just a regulatory fiction to obtain jurisdiction over part of the economy.\n\nWe should not encourage semantic creep that leads to inflated regulatory power with statements like “everything but Bitcoin is a security”.",
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