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#198 Nick Morgan: The DAO, the SEC and the ICO Boom
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Content provided by Epicenter - Weekly Podcast on Blockchain, Ethereum, Bitcoin and Distributed Technologies. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Epicenter - Weekly Podcast on Blockchain, Ethereum, Bitcoin and Distributed Technologies or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.
Support the show, consider donating: BTC: 1CD83r9EzFinDNWwmRW4ssgCbhsM5bxXwg (https://epicenter.tv/tipbtc) ETH: 0x8cdb49ca5103Ce06717C4daBBFD4857183f50935 (https://epicenter.tv/tipeth) Nick Morgan, a former attorney at the SEC, joined us to discuss their recent report on the DAO and what it means for the ICO boom. Topics discussed in this episode: - The history and mandate of the SEC - Nick's years as a trial attorney at the SEC - How the Howey Test is used to determine if something is a security - The application of the Howey Test to the DAO case - The weaknesses in their argument that token holders relied on the effort of others - Why the SEC did not prosecute the Slock.it founders - Why the SEC will likely focus on token sales involving fraud - How the SEC's limited resources will make it hard for it to impact the ICO boom - The implications of the SEC report for cryptocurrency exchanges Links mentioned in this episode: - SEC Press Release on The DAO: https://www.sec.gov/news/press-release/2017-131 - SEC Report on Investigation of The DAO: https://www.sec.gov/litigation/investreport/34-81207.pdf - Seven Takeaways from the DAO Report - Kyle Mitchell: https://writing.kemitchell.com/2017/07/25/DAO-Report-of-Investigation.html - EB134 – Emin Gün Sirer And Vlad Zamfir: On A Rocky DAO: https://www.youtube.com/watch?v=ON5GhIQdFU8 - Nicolas Morgan Website: https://www.paulhastings.com/professionals/details/nicolasmorgan - The DAO Report: Understanding the Risk of SEC Enforcement - CoinDesk: https://www.coindesk.com/dao-report-understanding-risk-sec-enforcement/ Sponsors: - Jaxx: Wallets that Unify the Blockchain Experience Across Devices - http://epicenter.tv/jaxx - Shapeshift: Buy and sell alt coins instantly and securely without a centralized exchange - http://epicenter.tv/shapeshift This episode is also available on : - Epicenter.tv: https://epicenter.tv/198 - YouTube: http://youtu.be/HumhFOrus1g - Souncloud: http://soundcloud.com/epicenterbitcoin/eb-198 Watch or listen, Epicenter is available wherever you get your podcasts. Epicenter is hosted by Brian Fabian Crain, Sébastien Couture & Meher Roy.
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