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Will the SEC violate the 1st Amendment as it seeks to regulate cryptocurrency?
Interesting read on CCN:
Why the SEC’s ‘ICO Guide’ Paints a Dark Picture for Cryptocurrency in 2019
Some items referenced:
According to the SEC, it doesn’t matter whether it’s a centralized, proprietary exchange, or a decentralized, autonomous piece of code – what matters is that unregistered buying and selling happens there:
“The activity that actually occurs between the buyers and sellers—and not the kind of technology or the terminology used by the entity operating or promoting the system—determines whether the system operates as a marketplace and meets the criteria of an exchange under Rule 3b-16(a).”
That explains the charges brought down on the EtherDelta exchange, and its creator, Zachary Coburn, last year. At the time, the SEC described Coburn’s crime as:
“[Providing] a marketplace for bringing together buyers and sellers for digital asset securities through the combined use of an order book, a website that displayed orders, and a smart contract run on the Ethereum blockchain.”
But according to the non-profit digital civil-rights group, Electronic Frontier Foundation (EFF), prosecuting people who upload open-source bundles of code to Github would be clear violation of First Amendment rights.
Full article:
Canadian based Kik getting ready to Challenge the SEC over definition of securities for crypto
An entity is getting ready to challenge the SEC:
Why is Kik Challenging The SEC In Anticipated Crypto ICO Court Case?
https://www.newsbtc.com/2019/01/28/kik-challenging-sec-anticipated-crypto-ico-court-case/
Chat App Kik Says It Will Fight SEC Over Possible ICO Action
https://www.coindesk.com/chat-app-kik-says-it-will-fight-sec-over-possible-ico-action
Crypto Startups Are Fleeing The U.S.—This Bill Is Trying To Stop Them
Interesting article in Forbes that talks about the efforts of Congressman Warren Davidson and also the differences between the US and Switzerland as it relates to crypto startups:
In December, Warren Davidson introduced a new digital token bill, aiming to kill the uncertainty and keep innovation inside U.S. borders. Full article:
Congressman Warren Davidson is Finalizing Bill to Exempt ICOs from Securities Laws
In the news:
U.S. Rep. Warren Davidson of Ohio announced a plan to regulate cryptocurrency and initial coin offerings through the federal government.
The bill would create an “asset class” for tokens, which would prevent them from “being classified as securities, but would also allow the federal government to regulate initial coin offerings more effectively,” Cleveland.com reported.
Also:
Pro-Crypto Wheels Already In Motion
Meanwhile, there are a lot of wheels in motion in Washington, D.C. geared toward promoting the mainstream adoption of cryptocurrencies.
In September 2018, Republican Congressman Tom Emmer introduced three bills that will support the development of crypto and blockchain, the technology underpinning bitcoin.
The three bills are:
- Resolution Supporting Digital Currencies and Blockchain Technology.
- Blockchain Regulatory Certainty Act.
- Safe Harbor for Taxpayers with Forked Assets Act.
Emmer — who is co-chairman of the Congressional Blockchain Caucus — said the United States should prioritize the development of blockchain and create an environment that will enable the private sector to lead on innovation.
“This is an exciting time for blockchain technology and cryptocurrencies,” said Emmer. “Legislators should be embracing emerging technologies and providing a clear regulatory system that allows them to flourish in the United States.”
See releated articles here: https://www.cleveland.com/news/2018/12/us-rep-warren-davidson-announces-legislation-to-regulate-initial-coin-offerings-at-blockchain-solutions-conference.html
#R...@...house.gov
Leading JobsAct DC Law Firm Joins KorePartners Ecosystem
KoreConX announces its partnership with CrowdCheck Law LLP, a leading law firm helping companies navigate through the JOBS Act regulations.
CrowdCheck Law, LLP is an affiliated law firm of CrowdCheck, Inc., a market leader in compliance services for modern, online capital raising driven by the new securities regulations implementing the JOBS Act of 2012. The company was responsible for 30% of all approved Reg A+ offerings in the USA and also helps companies with creating documents for Reg CF, Reg D rules 506(b) and 506(c), among others.
CrowdCheck corporate and their securities attorneys have deep backgrounds in all types of securities offerings and prior experience working at the Securities and Exchange Commission as well as some of the world's most prominent law firms.
Full story: https://www.prweb.com/releases/leading_jobsact_dc_law_firm_joins_korepartners_ecosystem/prweb15948452.htm