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CoinDesk Podcast Network

BREAKDOWN: On the Frontlines of the SEC Safe Harbor Proposal With CoinList CoFounder Andy Bromberg

CoinDesk Podcast Network

CoinDesk

Cryptocurrencies, Cryptocurrency, Dlt, Tokenization, Coindesk, Distributed Ledger, Blockchain, Tech News, Business News, Ethereum, Bitcoin, News, Digitalassets, Daily News, Decentralization, Defi, Crypto, Business

4.8689 Ratings

🗓️ 10 February 2020

⏱️ 23 minutes

🧾️ Download transcript

Summary

Last week, SEC Commissioner Hester Peirce proposed Rule 195 to give token projects a 3 year safe harbor. This proposed period would allow them to distribute tokens without fear of violating securities law so long as they achieve certain standards of decentralization in that time.

Coinlist is a platform for compliant token sales. On this episode of The Breakdown, Coinlist CEO Andy Bromberg and @nlw discuss:

  • The cost of regulatory clarity in the US, including projects leaving US shores
  • Historic approaches to “compliant” token sales and what problems they still leave
  • What Commissioner Hester Peirce’s proposed Rule 195 includes 
  • The potential implications for the US crypto markets 
  • The chances that Rule 195 comes to pass


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Transcript

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0:00.0

Welcome back to The Breakdown, an everyday analysis breaking down the most important stories in Bitcoin, crypto, and beyond, with your host, NLW.

0:15.0

The Breakdown is distributed by CoinDesk.

0:20.0

Welcome back to the breakdown.

0:22.4

It is Monday, February 10th, and today we have some expert insight onto one of the biggest

0:28.3

pieces of news from last week.

0:31.0

Obviously, last week saw some pretty exciting events.

0:34.6

We had a billion dollars locked in D5 for the first time. We saw Bitcoin achieve

0:40.3

a price of 10,000, a big psychological barrier over the weekend. We saw the Federal Reserve get into

0:47.1

the central bank digital currency game more than they have before, admitting that they're, of course,

0:52.9

researching and exploring. But we also had an SEC commissioner, admitting that they are, of course, researching and exploring.

0:55.6

But we also had an SEC commissioner, Hester Pierce, who's been one of the most active and engaged

1:01.2

pro-crypto commissioners, in fact, undoubtedly the most active and engaged pro-crypto commissioner,

1:06.8

propose a new rule called a Safe Harbor Rule. Rule 195 could possibly totally change the face of

1:15.5

the crypto industry in the U.S. In short, the rule would give crypto projects three years to prove

1:22.7

that they were sufficiently decentralized such that they weren't in violation of securities law.

1:28.8

The challenge for crypto teams today who want to use a token as part of their system is that

1:34.2

they run the risk of having offered or having done an illegal securities offering.

1:39.7

Currently, you can see the SEC going back through old ICOs from the 2017-2018 vintage

1:46.3

and going after projects that were unregistered securities offerings.

1:51.0

So this safe harbor rule would actually give those teams that were operating in good faith

1:57.4

and who went through a set of disclosures the chance to actually offer tokens and not

2:02.4

just to accredited investors, which is a big shift. Now, the response has been somewhat mixed.

...

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