Are DAOs Strong Enough to Survive the Regulators? - Ep. 479

Unchained

Laura Shin

Tech News, Business News, News

4.6 • 1.3K Ratings

🗓️ 11 April 2023

⏱️ 75 minutes

🔗️ Recording | iTunes | RSS

🧾️ Download transcript

Summary

How can decentralized autonomous organizations (DAOs) be more resilient? Gabriel Shapiro, general counsel at Delphi Labs, and Fatemeh Fannizadeh, lawyer and researcher at Geneva-legal.ch, survey the landscape and offer their insights on what will fuel the next wave of DAO innovation. Are new rules from U.S. states like Wyoming and Utah a boon for DAO creation? Or will the proceedings against Ooki DAO by U.S. regulators cast a pall on this emerging segment of the Web3 world? Show highlights: how Gabriel and Fatemeh determine whether something is actually a DAO the pressing legal issues around DAO formation where the liabilities lie in these types of organizations Delphi Labs’ new “borg” concept and the problems it aims to solve what jurisdictions are more appropriate for different DAOs the nuances of Wyoming’s DAO LLC law Utah’s Introduction of LLDs – limited liability DAOs – and why it is innovative why the CFTC filed a lawsuit against Ooki DAO whether governance token holders are liable for the DAO’s actions how the Ooki lawsuit will impact how DAOs structure their activities in the future what happened in the MakerDAO case and its implications why Fatemeh and Gabriel disagree on whether the Mango DAO’s agreement to not pursue actions against Avi Eisenberg was legally binding Thank you to our sponsors! Crypto.com Halborn Guests: Gabriel Shapiro, general counsel at Delphi Labs Previous appearances on Unchained: What Does Mango Markets Exploiter Avi Eisenberg’s Arrest in Puerto Rico Mean for DeFi? Fatemeh Fannizadeh, lawyer and researcher at Geneva-legal.ch Lawmakers In New Hampshire And Utah Recognize DAOs As Legal Persons Links MakerDAO: CoinDesk: Crypto Investors' $28M ‘Black Thursday’ Lawsuit Against DeFi Giant Maker Dismissed by US Judge Mango Markets: CoinDesk: Legal Expert Says Mango Markets Exploit Case Is Wake-Up Call for DAOs Avi Eisenberg Detained Unlike SBF As Mango Labs Is Denied Injunction But TRO to March 15 Unchained: The Mango Markets Attacker on Whether His 'Trade' Was Ethical or Not CFTC Charges Mango Markets Exploiter With Market Manipulation Mango Markets Exploiter Arrested on Market Manipulation Charges Tornado Cash Unchained: The Chopping Block: Did OFAC Overstep by Sanctioning Tornado Cash? Given the Sanctions on Tornado Cash, Is Ethereum Censorship Resistant? Tornado Cash Sanctioned. Did the Government Overstep Its Bounds? Ooki DAO: Unchained: Why the Ooki DAO Case Could Hurt Participation in DAOs CoinDesk: Interpreting the CFTC’s Lawsuit Against Ooki DAO Wyoming law Legal Nodes: Wyoming LLC as a DAO Legal Wrapper: What You Need to Know Utah The National Law Review: Utah Passes Innovative DAO Legislation Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0	Hi, everyone. Welcome to Unchained, your new hype resource for all things crypto. I'm your host,
0:08.3	Laura Shin, author of The Crypto Beans. I started covering crypto seven years ago and as a
0:13.2	senior editor at Forbes was the first mainstream leader porter to cover cryptocurrency full time.
0:17.6	This is the April 11th, 2023 episode of Unchained. We have three projects lost nearly four
0:23.6	billion dollars of crypto assets in 2022, but nothing is more expensive than losing trust.
0:29.5	Secure your company with Halborn's best in class security advisory solutions. Visit
0:34.3	Halborn.com for more. Buy, earn, and spend crypto on the Crypto.com app. New users can
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0:46.7	and get $25 with the code Laura. Link in the description. Crypto moves at lightning speed.
0:53.7	For the latest crypto updates, be sure to subscribe to our daily newsletter at Unchained
0:58.3	crypto.substac.com. Again, that's Unchained Crypto.substac.com. Today's topic is legal developments
1:06.6	around DAO's here to discuss our Gabriel Shapiro, General Counsel at Delphite Labs,
1:12.1	and Fatameh Funizadeh, Crypto lawyer and researcher. Welcome, Gabriel and Fatameh.
1:17.1	Thank you. Good to be here. So before we dive into the meat of this topic, which is going to be
1:22.9	super interesting, let's actually just define some of these terms because DAO is one of those
1:29.9	words that's been discussed a lot in crypto for many, many years, but it went kind of like from
1:35.6	theoretical concept to reality, and yet there's many permutations of different DAOs. So now that we've
1:43.6	seen all the different kinds of organizations that people are calling DAOs, how would you each
1:49.5	define DAO? So I would define DAO as a decentralized autonomous organization, which may sound
1:58.2	right because that is the acronym, but I think a large amount of the organizations currently
2:04.1	call DAOs either are not decentralized or are not autonomous. So what is decentralized?
2:10.0	Decentralized means that if there is discretionary authority of some kind decisions to be made,
	...

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