On The Brink with Castle Island Gabriel Shapiro (BSV Law) on compatibility between blockchains and the law (EP.125)
Sep 14, 2020
01:15:33
Gabriel Shapiro, partner at BSV Law (no relationship to the coin), joins the show to chat securities law, tokenized securities, and the nature of industry regulation. In this episode:
- Gabriel's introduction to the crypto industry and Nick Szabo's influence
- Gabriel's view on what public blockchains are for, most fundamentally
- Why there is an inherent tension between blockchains and the law
- Can public blockchains be made compatible with the law, and to what extent?
- The best opportunities for synergy between the law and crypto
- Gabriel's case for real tokenized securities
- How stock certificates are held and organized in legacy markets
- Domains where tokenized securities could outperform the current state of affairs
- A mistake investors make when interpreting SEC behavior
- Why the SEC will often let private litigation play out before imposing a fine
- The contrast between the EOS/Block One and Sia/ Nebulous
- Gabriel's critique of Hester Pierce's safe harbor for tokens - and her response
- Precedents to consider when looking at the utility/security distinction
- Whether a "Hinman test" for sufficient decentralization exists and what it entails
- Gabriel's proposed modification to securities laws to suit the reality of the industry
- The effect of election outcomes on securities enforcement
Follow Gabriel on Twitter and read his fantastic series on Medium, Size Does Matter