Sanctions and Smart Contracts: Regulatory Challenges in Crypto

Kristin Smith, Executive Director of the Blockchain Association, comes to talk about Tornado Cash, the lawsuit against Ooki DAO, the SEC charges against Kim Kardashian, and crypto legislation. 

Show highlights:

• whether regulators did not understand the implications of sanctioning smart contracts
• the necessity of having a conversation around financial privacy
• whether the government wants sanctions compliance at the base layer
• the reasons behind the CFTC lawsuit against Ooki DAO 
• why the SEC settled charges with Kim Kardashian and whether it was a publicity stunt
• the chances of the different crypto bills becoming law
• why Kristin thinks stablecoin legislation won’t come this year
• whether the CFTC being the main regulator of crypto settles the question of crypto being securities or commodities

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The lawsuit against Ooki DAO

• Previous coverage of Unchained on Ooki DAO: Why the Ooki DAO Case Could Hurt Participation in DAOs
• CFTC Filing
• $250,000 fine
• CoinDesk’s Nik De’s analysis
• CFTC Commissioner Summer Mersinger’s dissenting statement
• Jake Chervinsky’s opinion
• Ooki DAO’s options
• CFTC serving the members of the Ooki DAO via their forum
• Tim Copeland’s article on what’s next for DAOs
• A federal court ruled that the CFTC legally served Ooki DAO through a website help bot.
• The LeXpunK Army filed a motion for amicus status in the SEC case against bZx/Ooki DAO.
• Crypto group DeFi Education Fund argued that the CFTC should properly serve Ooki DAO’s actual members, not just the DAO at large.

 Tornado Cash

• Treasury Press release 
• Previous coverage of the Tornado Cash sanctions on Unchained:
• Is TRM Labs Blocking Addresses From DeFi Protocols? Ari Redbord Says No 
• Tornado Cash Sanctioned. Did the Government Overstep Its Bounds?
• The Chopping Block: Did OFAC Overstep by Sanctioning Tornado Cash?
• Given the Sanctions on Tornado Cash, Is Ethereum Censorship Resistant?
• Preston Van Loon on Ethereum's Merge and His Lawsuit Against Treasury

Legislation

• Digital Commodities Consumer Protection Act of 2022
• Europe’s MiCa bill
• Previous coverage of Unchained on legislation:
• Why Senator Pat Toomey Thinks SEC Chair Gary Gensler Is Wrong About Crypto
• Congressman Ro Khanna: How to Get More Democrats into Web3
• Why the Crypto Industry Believes SEC Regulation by Enforcement Hurts US Consumers

SEC charges against Kim Kardashian

• The SEC fined reality TV star Kim Kardashian $1.26 million for promoting a crypto security without proper disclosure.
• Fortune article: The SEC’s Kardashian fine was a dumb publicity stunt

Stablecoins

• Stablecoin Draft Bill
• Bloomberg article: Senator Pat Toomey Still Sees Chance of Stablecoin Legislation This Year

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