3 ms·
But what law is being broken, if NFTs aren't securities?
by lukev 3y ago
But what law is being broken, if NFTs aren't securities?
- yieldcrv 3y agocrypto consumers should be far more discerning than they are even the term “rug-pull” is not discerning enough, it refers to a dozen distinct behaviors, of which a few would still be illegal while the other many behaviors are just a misalignment of expectations removing liquidity? thats not illegal under either consumer or securities framework and most commonly called a “rug pull”. communities can provide their own liquidity as a feature of the crypto space, and in no space do purchasers have an expectation for liquidity ceasing to continue making press releases or taking down a website and community channels? also not illegal under the consumer or securities framework. taking other people’s provided liquidity out of a staking contract without saying thats whats going to happen would be illegal under both frameworks. that kind of rug pull is theft. collecting funds and promising to do X and then not even attempting it, thats prosecutable under both the consumer and securities frameworks, in more ways under a securities framework
- lukev 3y agoThe only way to be discerning with respect to most* crypto is not to participate. Even "succeeding" at crypto just means you sold early enough to a greater fool. * jury still out on the couple major cryptocurrencies, though I hope they follow the same path.
- yieldcrv 3y agoThe SEC is not the arm of the government to help you feel validated, and I think thats the crux of your dissonance
- bonestamp2 3y agoI don't think NFTs as a whole are breaking any FTC related laws. However, the way that they are marketed or sold could break some laws if the communications are deceptive. For example, a rug pull might be considered illegal under US Law Title 16, Chapter 1, Subchapter B, Part 238.4 "Switch after Sale": https://www.ecfr.gov/current/title-16/chapter-I/subchapter-B/part-238 https://www.ecfr.gov/current/title-16/chapter-I/subchapter-B...