Posts from blockchain

Audio Of The Week: How About Howey?

This Unchained Podcast with Patrick Gibbs of the law firm Cooley and Ted Livingston founder of the Kin cryptocurrency project is a great discussion of the Howey Test that the SEC has put forward as the framework through which to evaluate whether a crypto token is a security.

Here are links to some interesting parts of the discussion:

1/ Ted Livingston explains who Howey was and the details of that case.

2/ Patrick explains why Kin (and most crypto tokens as well) is not a security.

This is the kind of stuff that mostly interests law nerds, but it is very relevant to all developers who are building crypto tokens and putting them out into the market. So it is worth getting knowledgeable about this stuff.

And if you want to support this Kin case as it works its way through the court system and ends up creating a new precedent that could supersede Howey, you can do that here.

DefendCrypto.org

Over the last year, the SEC has been investigating a significant number of token offerings that took place in 2017. While some of those offerings were scams or worse, many of the ones that are being investigated by the SEC are serious projects, started by some of the top cryptographers and computer scientists in the world, and backed by the leading token funds and venture capital firms in the US and around the world.

Sadly, the SEC looks at crypto tokens and sees securities that they want to regulate as such. They cannot seem to understand that not all of these assets are securities, they cannot seem to understand that most are commodities, currencies, or utilities like frequent flyer miles. They cannot understand that crypto tokens are unlike any assets that have come before them and that crypto tokens need new regulatory structures. They cannot understand that their unwillingness to come up with new rules paired with their “regulate by enforcement” strategy is hurting the crypto sector, pushing it offshore, and is causing most of the new projects to raise capital outside of the US and/or put together legal structures that look like Frankenstein monsters.

I have seen this play out in multiple projects and also in the exchange sector, which I posted about over the weekend. For as long as I have been involved in the crypto sector, I have been advocating and advising that companies work with the SEC, cooperate with them, and educate them. But that has not worked. I am frustrated. So are many others. Even one of the SEC Commissioners has gone public with her frustrations.

One of the crypto projects that the SEC has been investigating, where I have had a front-row seat, is the Kin project that was birthed by USV’s portfolio company Kik, where I am on the Board.

Kin is a digital currency (not a security) that is in use in over 40 mobile apps now. Last month over 1mm users earned Kin in one of those mobile apps and over 300,000 users spent Kin in one of those mobile apps. Kin is one of the most used crypto currencies in the world.

And yet the SEC won’t agree to settle with Kin on reasonable terms. Instead they want to force Kin to become a security, which would decimate its appeal as a digital currency. Imagine that a user had to go to a securities brokerage firm like Schwab to purchase a token in order to be able to use Apple’s App Store. That is crazy and yet that is essentially what the SEC wants Kin and many other crypto projects to agree to do.

So today, Kin has launched DefendCrypto.org which is a crowdfunding effort to fight the SEC in court. Kin has contributed $5mm worth of BTC, ETH, and Kin to the effort. And others are contributing their crypto assets as well. You can do so here. I have contributed a number of my crypto tokens to the effort this morning.

Whatever funds are raised by DefendCrypto.org will be used by Kin to fight the SEC in court, to help secure a favorable ruling that could well set a precedent for the entire sector. Any funds that are left after this legal battle will be set aside for other similar legal efforts in the crypto sector.

It is my hope, and Kin’s hope, that DefendCrypto.org will be an inspiration for the many other important crypto projects that are silently battling with the SEC to come public and raise capital from the crypto sector for their fights.

The SEC is regulating by enforcement, not new rulemaking, and worse, they have taken a divide and conquer strategy. It is time for the crypto industry to come together and fight back. I hope that Kin’s efforts with DefendCrypto.org represent a watershed moment/movement that will pressure the SEC to think and act differently toward this important new sector.

Custody, Trading, Staking

In our talk at Consensus last week, we talked about security in crypto land.

There are a few highly trusted custody services in crypto, including the popular consumer and institutional custody services offered by our portfolio company Coinbase.

These companies have invested tens of millions, sometimes more, in building highly secure storage systems to keep their customer’s crypto assets secure.

There are also exchanges all over the world that people can use to trade crypto assets. While they may be great places to trade, they are often not great places to custody your assets.

And then there is “staking” which is a term I am using for all sorts of validation services that crypto holders are increasingly doing to secure networks that use proof of stake and other approaches to consensus. There are and will be more staking services that crypto holders can use to participate in these services and get paid for doing that.

Again, these staking services many not be great places to custody your assets.

What is emerging are different services that specialize in different parts of the crypto economy.

There will be best of breed offerings in each sector and there will be a few, like Coinbase, that will offer leading services across all of these sectors.

The nice thing about crypto is it is programmable money. It should be possible, and I think it will be possible, to use one service for custody, another for trading, and a third for staking.

But it has to start with custody. If you own crypto assets, you need to secure them. And that is often not at the place you trade them.

Video Of The Week: Consensus 2019

This past Wednesday, I appeared on stage at Consensus 2019 with Paul Vigna of the Wall Street Journal and Brian Armstrong, CEO of our portfolio company Coinbase.

The topic we were supposed to discuss was why crypto has been so full of bubbles and crashes. We did talk about that but we also talked about a lot more. The discussion is about a half hour.

Crypto Spring?

On Monday, I wrote:

With the crypto winter seemingly coming to an end and spring on the horizon,

So why do I think winter is behind us and spring is on the horizon?

Well you can see in the chart of the entire crypto market that there has been a meaningful move off of the bottom in the last five months.

The entire crypto market hit the low point in mid December at roughly $100bn and has rallied over the winter and spring to almost $250bn. While there is no guarantee that we won’t go back and test those lows, I do think we hit rock bottom in December.

It is also worth noting that the daily trading volumes are now higher (almost double) than they were at the height of the crypto bubble in January 2018. Investors are back in the market and pushing it higher.

And this is not just about Bitcoin. Here is the total market minus Bitcoin:

It is a very similar chart with very similar volume activity.

The most exciting thing to me is what you don’t see in these charts and that is the fact that many projects have been quietly building out their systems over the last 18 months and we will start to see new public blockchains and protocols go live over the next 6-12 months that will show the power of new ideas and new technologies that are coming to market.

I love spring.

Audio Of The Week: Coinbase Custody

And now a word from your sponsor:

Coinbase is a USV portfolio company, I am on the board, and I am deeply invested in this business.

Coinbase’s regulated custody subsidiary is an important part of their overall business and I am also on the board of it.

This Unconfirmed Podcast with Sam McIngvale is a really good explanation of what Coinbase is doing in the custody market and how they are developing new income earning options for their customers.

A Registered Token Offering

Our portfolio company Blockstack tweeted out this today:

Given that USV is an investor and one of my partners is on the board, I don’t want to opine on this in any way.

But I do think this is an interesting development in the evolution of tokens as investable assets.

So here is a Coindesk post on this news.

Orthodoxy

I am not a fan of Orthodoxy.

I appreciate the power of religion although I am not religious personally. I respect the followers of Allah, Jesus, Moses, Buddha, and other religious figures. I know that the beliefs of religious people give them great comfort and a purpose in life.

What I don’t appreciate is when a person of faith believes so deeply that they cannot tolerate beliefs that are different from theirs. I call this Orthodoxy and it has led to wars, horrible crimes, and many other bad things. It is the downside of what is and should be a very positive thing for humanity.

We see this same behavior developing in the crypto sector. Bitcoin and other cryptoassets have become a belief system. That is at the core of their value. Why would I give you $5000 of my dollars for one of your Bitcoin? Because I believe in Bitcoin and want to own it.

This faith in the value and power of cryptoassets is good. It is necessary for all of the other good things that can come of them.

But like religion, there is an Orthodoxy in these communities that borders on obsession and leads some people to be extremely intolerant of any other community or cryptoasset. The crypto community calls these people “maximalists”, a term I don’t like and don’t use.

I believe that we will see many cryptoassets emerge to solve different kinds of problems, just as we have seen many different religions develop to serve different groups of people. This diversity is good. It leads to a richness of thought and innovation that moves us forward.

If someone wants to believe deeply in one thing and nothing else, we should understand and appreciate it. But when that leads to hatred, nastiness, and ridicule, we should reject it. We should call it out for what it is and we should not accept it.