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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 covered 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
Episode links:
- SEC Press Release on The DAO
- SEC Report on Investigation of The DAO
- Seven Takeaways from the DAO Report – Kyle Mitchell
- EB134 – Emin Gün Sirer And Vlad Zamfir: On A Rocky DAO
- Nicolas Morgan Website
- The DAO Report: Understanding the Risk of SEC Enforcement – CoinDesk
This episode was hosted by Brian Fabian Crain & Sébastien Couture, and is availble on YouTube, SoundCloud, and our website.
