Two lawyers, Josh Klayman, head of digital assets at Linklaters, and Marc Boiron, chief legal officer at Polygon Labs, offer their takes on the SEC’s recent crypto crackdown. They share what they heard from SEC Chair Gary Gensler’s Congressional testimony, whether this crackdown was inevitable or sparked by FTX, and why a proposed change to the definition of an exchange could be an existential threat for DeFi in the U.S.
Show highlights:
what Gary Gensler’s approach to crypto was when he took officewhether the FTX collapse had any impact at all on the SEC’s recent actionswhether the actions against Coinbase are “inappropriate”what the differences between Coinbase and Kraken staking services arewhy the concept of “exemptive relief” is important for exchangeswhether the SEC is looking to go after AMM-based decentralized exchangeswhy SEC Commissioner Hester Peirce says that complying with a new proposal wouldn’t be possible for much of DeFiwhy, according to Marc, the industry should be “pushing very hard” against the newly proposed definition of an exchangewhether the SEC’s ability to pursue enforcement actions against ETH is diminished by the statements of the previous SEC chairThank you to our sponsors!
Crypto.comHalbornJosh Klayman, head of blockchain and digital assets at Linklaters,
Marc Boiron, chief legal officer at Polygon Labs.
Sufficient DecentralizationPrevious coverage of Unchained on the SEC’s actions: ‘Is ETH a Security?’ Why Gary Gensler Couldn’t Give Congress a Straight AnswerRep. Emmer on Why He Believes Gary Gensler Is a ‘Bad-Faith Regulator’Is the Government Trying to Kill Off Crypto in the US?Coinbase’s Top Lawyer Calls SEC Wells Notice a ‘Massive Overreach’SEC Chair Gary Gensler Avoids Question: ‘Is Ethereum a Security?’SEC Sues Bittrex, Names Dash, Algorand and Other Tokens ‘Crypto Asset Securities’CoinDesk: U.S. SEC Moves Toward DeFi Oversight as It Reopens Proposed Regulations
Proposed rule: Amendments Regarding the Definition of “Exchange” and Alternative Trading Systems (ATSs)Rendering Innovation Kaput: Statement on Amending the Definition of ExchangePOLITICO: McHenry clashes with SEC’s Gensler over crypto crackdown
Forbes: Crypto Exchange Beaxy Shuts Down Amid SEC Charges
Treasury Releases 2023 DeFi Illicit Finance Risk Assessment
Learn more about your ad choices. Visit megaphone.fm/adchoices