CoinDesk Podcast Network

UNCHAINED: The SEC Thinks Crypto Airdrops Are Securities. Here's Why This Lawyer Thinks It's Wrong


Listen Later

Congressmen Tom Emmer and Patrick McHenry sent the SEC a letter demanding clarification on how crypto airdrops are securities offerings. Amanda Tuminelli of the DeFi Education Fund breaks down why she thinks the SEC is wrong on its interpretation.


This week, Republican Representatives Tom Emmer and Patrick McHenry sent a letter pressing SEC Chair Gary Gensler for clarity on how securities laws apply to airdrops.

With billions of dollars worth of tokens airdropped this year alone, projects need clarity more than ever. 

In this episode, Amanda Tuminelli, Chief Legal Officer of the DeFi Education Fund, dissects the SEC’s stance on airdrops, why her organization believes the SEC has stretched the legal definition of “compensation” too far, and what Congress might ask Gensler in his upcoming hearing.

Plus, she talks about how the SEC “regrets” any confusion it caused for using the term “crypto assets securities,” since the agency now admits that tokens themselves are not securities.  

Show highlights:

  • Why Amanda believes the SEC’s position on airdrops doesn’t make sense
  • Why the DeFi Education Fund sued the SEC over the BEBA airdrop 
  • How the SEC’s position on airdrops has been clear for a while, but is “wrong” according to Amanda
  • Her take on users bypassing the geographic restrictions to claim airdrops in the U.S.
  • How and why the SEC has changed its language around “crypto assets securities”
  • How the SEC’s new position on crypto assets implicating securities laws seems to rest on the “embodiment” theory
  • Why Amanda believes the Supreme Court or Congress may be needed to step in
  • What Amanda expects Congress to question Gary Gensler about in the hearing next week
  • Amanda’s takeaways from the first Congressional DeFi hearing last week
  • How she expects the presidential election will impact the regulatory landscape in the U.S.
  • Visit our website for breaking news, analysis, op-eds, articles to learn about crypto, and much more: unchainedcrypto.com

    Thank you to our sponsors!

    • Coinbase
    • iTrustCapital
    • Polkadot
    • Mantle’s FBTC
    • Stellar
    • Guest

      • Amanda Tuminelli, Chief legal officer of the DeFi Education Fund
      • Previous appearances on Unchained: 
      • Gary Gensler’s Case Against Uniswap: Does the SEC Even Stand a Chance?
      • Is This the End of DeFi? Why the US Government Is Going After Tornado Cash

      • Unchained Podcast is Produced by Laura Shin Media, LLC. Distributed by CoinDesk.

        See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

        ...more
        View all episodesView all episodes
        Download on the App Store

        CoinDesk Podcast NetworkBy CoinDesk

        • 4.8
        • 4.8
        • 4.8
        • 4.8
        • 4.8

        4.8

        640 ratings


        More shows like CoinDesk Podcast Network

        View all
        Unchained by Laura Shin

        Unchained

        1,216 Listeners

        CRYPTO 101 by Bryce Paul & Brendan Viehman

        CRYPTO 101

        787 Listeners

        The Breakdown by Blockworks

        The Breakdown

        741 Listeners

        The Pomp Podcast by Anthony Pompliano

        The Pomp Podcast

        1,843 Listeners

        Thinking Crypto News & Interviews by Tony Edward

        Thinking Crypto News & Interviews

        253 Listeners

        On The Brink with Castle Island by Castle Island Ventures

        On The Brink with Castle Island

        288 Listeners

        Bitcoin News Alerts | Daily BTC News by Bitcoin News Alerts

        Bitcoin News Alerts | Daily BTC News

        611 Listeners

        Markets Outlook by CoinDesk

        Markets Outlook

        137 Listeners

        The Wolf Of All Streets by Scott Melker

        The Wolf Of All Streets

        243 Listeners

        Swan Signal Live - A Bitcoin Show by Swan Bitcoin

        Swan Signal Live - A Bitcoin Show

        186 Listeners

        Crypto Banter by Crypto Banter

        Crypto Banter

        43 Listeners

        Discover Crypto by HIT Network

        Discover Crypto

        223 Listeners

        Empire by Blockworks

        Empire

        168 Listeners

        Coin Stories by Natalie Brunell

        Coin Stories

        440 Listeners

        Raoul Pal: The Journey Man by Real Vision Podcast Network

        Raoul Pal: The Journey Man

        135 Listeners