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The aftermath of LBRY: Consequences of crypto’s ongoing regulatory process

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What could the case of LBRY mean for future token projects in the United States?

The case of LBRY highlights a wave of renewed regulatory pressure that could affect both blockchain token-issuing companies and their investors.

In November, an over year-long court battle between the United States Securities and Exchange Commission (SEC) and blockchain development company LBRY and its LBRY Credits (LBC) token culminated in the ruling of the token as an unregistered security, despite the company's argument of its use as a commodity within the platform.

The court’s decision in this case sets a precedent that could influence not only the regulatory perception of blockchain-based platforms, but cryptocurrencies as well.

The old Howey

Old standards don’t always apply when it comes to the regulation of new technologies.

The LBRY case was mostly centered on the basis of the Howey Test, a framework that came as the result of a U.S. Supreme Court case in 1946, which determines whether a transaction qualifies as a security. While assets like Bitcoin (BTC) and most stablecoins aren’t considered securities under this test, the ruling varies depending on the characteristics of a token, which are subject to change.

The SEC claimed that LBRY was aware of the “possible use” of LBRY Credits as an investment, which was fully embraced by the court in its assessment.

The ruling made by New Hampshire District Court Judge Paul Barbadoro determined that LBRY openly presumed the increase in value of its tokens, leading it to set an expectation for the tokens to act as a “possible investment.”

According to Barbadoro, the fact that LBRY kept tokens for itself and also gave them as “compensation incentives” to its workers meant that there was an intention to show investors that the company intended to increase the value of their blockchain. In other words, the conclusion was that LBRY would count on token holders to understand the company’s staking as a form of value increase of the LBRY Credits.

According to comments made to Bloomberg Law by Patrick Daugherty, head of digital assets at Foley & Lardner LLP, the judge’s ruling lands in uncharted legal territory, as it was based on the presumption of stakeholders seeing staking as a form of value increase — or promise of such — with regard to the tokens issued by the company.

“The court did not cite any legal precedents for this opinion, perhaps because there are none,” Daugherty said.

In the same article, James Gatto, who leads the blockchain and fintech team at Sheppard Mullin Richter & Hampton LLP, said that many of the legal issues found in the LBRY case could be replicated in other projects as well, and recommended crypto companies “adopt a different approach” to avoid copying general legal methods used by token projects. “So many people don’t do it, they just follow what everyone has done,” he said.

Regulatory consequences

Speaking to Cointelegraph, Jeremy Kauffman, founder and CEO of LBRY, described the consequences of the court’s ruling on the case.

The trial’s result had an important financial impact for the company, which has already been declared “almost certainly dead” by its CEO.

Recent: Trust is key to crypto exchange sustainability — CoinDCX CEO

To start, Kauffman highlighted the incredibly high expenses of the trial, pointing out that the company has had to pay millions in legal fees and “has lost tens of millions of dollars in investment money.”

Beyond the financial cost of the trial, the biggest consequence of the ruling is the slowed adoption of LBC tokens, Kauffman says.

40fe3e75-0234-4ed4-b4ee-308c6a0012dd.jpegKauffman at an interview with Reuters. Source: Reuters/Brian Snyder

“Perhaps worse of all, [we’ve] faced substantial difficulty in adoption from third-party parties like exchanges that are terrified of the SEC,” he stated.

However, despite the immediate impact on LBRY, Inc. as a company, the platform’s blockchain protocol will survive this encounter with the SEC.

“LBRY is a decentralized protocol used by tens of millions of people to share content without any disruptions despite the legal challenges,” Kauffman said. “LBRY as a company is almost certainly dead. But Odysee, the most popular way to use LBRY, and the protocol itself, have a bright future,” he added.

Kauffman didn’t hide his frustration with the result of the SEC complaint, blaming the company’s ultimate fate on the government's lack of transparency.

“One thing I've definitely learned is to not trust the government and to not be transparent. We would have been in a lot better shape if we had acted more secretly and less honestly,” he said.

With uneven and uncertain enforcement regarding digital assets, the goal for blockchain services now is to anticipate any possible scenarios that could be seen as an illicit move — learning as they go — and dealing with potential problems before they escalate.

What’s next?

The court's ruling regarding LBRY could also affect a current developing case. The SEC’s two-year-old lawsuit against Ripple Labs has similar elements, as the company’s arguments relate to the one’s used by Kauffman’s team — like not receiving fair notice of their token being subjected to securities laws.

Daugherty told Cointelegraph that it’s important to take this argument in the proper context, as the LBRY case was active since 2016.

“Six years ago, the relevant time frame, very little was known about what was legal or not. You would have to judge it based on what they knew at the time, not by the time the court ruled against them,” he said.

The ruling on Ripple’s case will most likely be decided by March 2023.

A U.S. Treasury official who spoke to Cointelegraph on the condition of anonymity said that regulators are currently in the very early stages of understanding cryptocurrencies, with a major focus on user protection.

“Right now the focus is on reducing scams and consumer protection. But, other than that, I can say we’re in the very early stages of understanding and defining the industry,” they said.

Daugherty said that his advice for companies and projects in the blockchain industry is to hold LBRY as an example for their legal strategy.

“The teams that are preparing protocols and tokens projects need to take into account the LBRY ruling and to work with lawyers that understand the ruling and what it didn’t rule,” he said.

Recent: Congress may be ‘ungovernable,’ but US could see crypto legislation in 2023

Daugherty also recommended that token-issuing projects should take two main preventive actions to avoid LBRY’s mistakes:

“One way is to decentralize the token before it’s sold in the United States and another way is to avoid promoting the secondary market for the token. That might not be enough in itself, but expert lawyers can complete the picture.”

When asked for his views on what regulators should focus on in order to understand blockchain and cryptocurrencies, Kauffman said that they need to “get out of the way.”

“Regulators need to focus on stopping fraud and criminal activity only. Blockchain could be a huge part of America's future, if they got out of the way and let the entrepreneurs build,” he said.

Source

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    At first, I was admittedly skeptical about Worldcoin (ref: https://worldcoin.org/blog/worldcoin/this-is-worldcoin-video-explainer-series), particularly around the use of biometric data and the WLD token as a reward mechanism for it. However, after following the project closer, I’ve come to appreciate the broader vision and see the value in the underlying tech behind it. The concept of Proof of Personhood (ref: https://worldcoin.org/blog/worldcoin/proof-of-personhood-what-it-is-why-its-needed) has definitely caught my attention, and does seem like a crucial step towards tackling growing issues like bots, deepfakes, and identity fraud. Sam Altman’s vision is nothing short of ambitious, but I do think he & Alex Blania have the chops to realize it as mainstay in the global economy.

  • 01.10.24 14:54 Sinewclaudia

    I lost about $876k few months ago trading on a fake binary option investment websites. I didn't knew they were fake until I tried to withdraw. Immediately, I realized these guys were fake. I contacted Sinew Claudia world recovery, my friend who has such experience before and was able to recover them, recommended me to contact them. I'm a living testimony of a successful recovery now. You can contact the legitimate recovery company below for help and assistance. [email protected] [email protected] WhatsApp: 6262645164

  • 02.10.24 22:27 Emily Hunter

    Can those who have fallen victim to fraud get their money back? Yes, you might be able to get back what was taken from you if you fell prey to a fraud from an unregulated investing platform or any other scam, but only if you report it to the relevant authorities. With the right plan and supporting documentation, you can get back what you've lost. Most likely, the individuals in control of these unregulated platforms would attempt to convince you that what happened to your money was a sad accident when, in fact, it was a highly skilled heist. You should be aware that there are resources out there to help you if you or someone you know has experienced one of these circumstances. Do a search using (deftrecoup (.) c o m). Do not let the perpetrators of this hoaxes get away with ruining you mentally and financially.

  • 18.10.24 09:34 freidatollerud

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  • 31.10.24 00:13 ytre89

    Can those who have fallen victim to fraud get their money back? Yes, you might be able to get back what was taken from you if you fell prey to a fraud from an unregulated investing platform or any other scam, but only if you report it to the relevant authorities. With the right plan and supporting documentation, you can get back what you've lost. Most likely, the individuals in control of these unregulated platforms would attempt to convince you that what happened to your money was a sad accident when, in fact, it was a highly skilled heist. You should be aware that there are resources out there to help you if you or someone you know has experienced one of these circumstances. Do a search using (deftrecoup (.) c o m). Do not let the perpetrators of this hoaxes get away with ruining you mentally and financially.

  • 02.11.24 14:44 diannamendoza732

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  • 12.11.24 00:50 TERESA

    Brigadia Tech Remikeable recovery has exhibited unparalleled strength in the realm of recovery. They stand out as the premier team to collaborate with if you encounter withdrawal difficulties from the platform where you’ve invested. Recently, I engaged with them to recover over a million dollars trapped in an investment platform I’d been involved with for months. I furnished their team with every detail of the investment, including accounts, names, and wallet addresses to which I sent the funds. This decision proved to be the best I’ve made, especially after realizing the company had scammed me. Brigadia Tech Remikeable recovery ensures exemplary service delivery and ensures the perpetrators face justice. They employ advanced techniques to ensure you regain access to your funds. Understandably, many individuals who have fallen victim to investment scams may still regret engaging in online services again due to the trauma of being scammed. However, I implore you to take action. Seek assistance from Brigadia Tech Remikeable Recovery Experts today and witness their remarkable capabilities. I am grateful that I resisted their enticements, and despite the time it took me to discover brigadia tech recovery, they ultimately fulfilled my primary objective. Without Brigadia Tech Recovery's intervention, I would have remained despondent and perplexed indefinitely. Also if you are looking for the best and safest investment company you can contact them, for wallet recovery, difficult withdrawal, etc. I am so happy to keep getting my daily BTC, all I do is keep 0.1 BTC in my mining wallet with the help of Brigadia Tech. They connected me to his mining stream and I earn 0.4 btc per day with this, my daily profit. I can get myself a new house and car. I can’t believe I have thousands of dollars in my bank account. Now you can get in. ([email protected]) Telegram +1 (323)-9 1 0 -1 6 0 5

  • 17.11.24 09:31 Vivianlocke223

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  • 19.11.24 03:06 [email protected]

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  • 19.11.24 03:07 [email protected]

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  • 21.11.24 04:14 ronaldandre617

    Being a parent is great until your toddler figures out how to use your devices. One afternoon, I left my phone unattended for just a few minutes rookie mistake of the century. I thought I’d take a quick break, but little did I know that my curious little genius was about to embark on a digital adventure. By the time I came back, I was greeted by two shocking revelations: my toddler had somehow managed to buy a $5 dinosaur toy online and, even more alarmingly, had locked me out of my cryptocurrency wallet holding a hefty $75,000. Yes, you heard that right a dinosaur toy was the least of my worries! At first, I laughed it off. I mean, what toddler doesn’t have a penchant for expensive toys? But then reality set in. I stared at my phone in disbelief, desperately trying to guess whatever random string of gibberish my toddler had typed as a new password. Was it “dinosaur”? Or perhaps “sippy cup”? I felt like I was in a bizarre game of Password Gone Wrong. Every attempt led to failure, and soon the laughter faded, replaced by sheer panic. I was in way over my head, and my heart raced as the countdown of time ticked away. That’s when I decided to take action and turned to Digital Tech Guard Recovery, hoping they could solve the mystery that was my toddler’s handiwork. I explained my predicament, half-expecting them to chuckle at my misfortune, but they were incredibly professional and empathetic. Their confidence put me at ease, and I knew I was in good hands. Contact With WhatsApp: +1 (443) 859 - 2886  Email digital tech guard . com  Telegram: digital tech guard recovery . com  website link :: https : // digital tech guard . com Their team took on the challenge like pros, employing their advanced techniques to unlock my wallet with a level of skill I can only describe as magical. As I paced around, anxiously waiting for updates, I imagined my toddler inadvertently locking away my life savings forever. But lo and behold, it didn’t take long for Digital Tech Guard Recovery to work their magic. Not only did they recover the $75,000, but they also gave me invaluable tips on securing my wallet better like not leaving it accessible to tiny fingers! Who knew parenting could lead to such dramatic situations? Crisis averted, and I learned my lesson: always keep my devices out of reach of little explorers. If you ever find yourself in a similar predicament whether it’s tech-savvy toddlers or other digital disasters don’t hesitate to reach out to Digital Tech Guard Recovery. They saved my funds and my sanity, proving that no challenge is too great, even when it involves a toddler’s mischievous fingers!

  • 21.11.24 08:02 Emily Hunter

    If I hadn't found a review online and filed a complaint via email to support@deftrecoup. com , the people behind this unregulated scheme would have gotten away with leaving me in financial ruins. It was truly the most difficult period of my life.

  • 22.11.24 04:41 [email protected]

    I never could have imagined the nightmare of losing access to my digital wallet. All of my cryptocurrency holdings were abruptly imprisoned, inaccessible, and appeared to be lost forever following a catastrophic hardware breakdown. Years of meticulous investment and careful saving were reduced to nothing more than strings of code that I could no longer control, and I could feel the dread and sorrow that swept through me at that very instant. Thankfully, during my worst moment, I came into (TRUST GEEKS HACK EXPERT), a professional service devoted to recovering lost or inaccessible digital data. With optimism, I went out to their team of skilled technologists, laying bare the full nature of my issue. What followed was a laborious, multi-step process that required an almost surgical level of digital forensics and Bitcoin skill. In order to create a thorough profile of my wallet's contents and activities, the (TRUST GEEKS HACK EXPERT) team first thoroughly examined the transaction history and metadata connected to it. Next, they implemented a series of advanced recovery techniques, using cutting-edge software tools to bypass the access barriers that had left me locked out. The entire process was shrouded in secrecy and discretion, with the (TRUST GEEKS HACK EXPERT) team working tirelessly to protect the confidentiality of my sensitive financial information. After what felt like an eternity of nervous anticipation, the day finally arrived when I received the triumphant notification – my wallet had been successfully restored, and all of my precious digital assets had been returned to my control. The sense of relief was indescribable, as I could finally breathe easy knowing that the fruits of my financial discipline had been safeguarded. While the experience of losing access to my wallet was undoubtedly traumatic, (TRUST GEEKS HACK EXPERT) intervention allowed me to emerge from the ordeal with my cryptocurrency holdings intact, and a renewed appreciation for the importance of proactive digital asset management. You can contact Them through EMAIL: [email protected] - TELEGRAM: TRUSTGEEKSHACKEXPERT

  • 22.11.24 15:26 cliftonhandyman

    Your Lost Bitcoins Are Not Gone Forever? Enquire From iBolt Cyber Hacker iBolt Cyber Hacker is a cybersecurity service that specializes in Bitcoin and cryptocurrency recovery. Even if your Bitcoin is locked away in a scammer inaccessible wallet, they have the tools and expertise to retrieve it. Many people, including seasoned cryptocurrency investors, face the daunting possibility of never seeing their lost funds again. iBolt cyber hacker service is a potential lifeline in these situations. I understand the concerns many people might have about trusting a third-party service to recover their Bitcoin. iBolt Cyber Hacker takes security seriously, implementing encryption and stringent privacy protocols. I was assured that no sensitive data would be compromised during the recovery process. Furthermore, their reputation in the cryptocurrency community, based on positive feedback from previous clients, gave me confidence that I was in good hands. Whtp +39, 351..105, 3619 Em.ail: ibolt @ cyber- wizard. co m

  • 22.11.24 23:43 teresaborja

    all thanks to Tech Cyber Force Recovery expert assistance. As a novice in cryptocurrency, I had been carefully accumulating a modest amount of Bitcoin, meticulously safeguarding my digital wallet and private keys. However, as the adage goes, the best-laid plans can often go awry, and that's precisely what happened to me. Due to a series of technical mishaps and human errors, I found myself locked out of my Bitcoin wallet, unable to access the fruits of my digital labors. Panic set in as I frantically searched for a solution, scouring the internet for any glimmer of hope. That's when I stumbled upon the Tech Cyber Force Recovery team, a group of seasoned cryptocurrency specialists who had built a reputation for their ability to recover lost or inaccessible digital assets. Skeptical at first, I reached out, desperate for a miracle. To my utter amazement, the Tech Cyber Force Recovery experts quickly assessed my situation and devised a meticulous plan of attack. Through their deep technical knowledge, unwavering determination, and a keen eye for detail, they were able to navigate the complex labyrinth of blockchain technology, ultimately recovering my entire Bitcoin portfolio. What had once seemed like a hopeless endeavor was now a reality, and I found myself once again in possession of my digital wealth, all thanks to the incredible efforts of the Tech Cyber Force Recovery team. This experience has not only restored my faith in the cryptocurrency ecosystem. Still, it has also instilled in me a profound appreciation for the critical role that expert recovery services can play in safeguarding one's digital assets.   ENAIL < Tech cybers force recovery @ cyber services. com >   WEBSITE < ht tps : // tech cyber force recovery. info  >   TEXT < +1. 561. 726. 3697 >

  • 02:21 [email protected]

    I never could have imagined the nightmare of losing access to my digital wallet. All of my cryptocurrency holdings were abruptly imprisoned, inaccessible, and appeared to be lost forever following a catastrophic hardware breakdown. Years of meticulous investment and careful saving were reduced to nothing more than strings of code that I could no longer control, and I could feel the dread and sorrow that swept through me at that very instant. Thankfully, during my worst moment, I came into (TRUST GEEKS HACK EXPERT), a professional service devoted to recovering lost or inaccessible digital data. With optimism, I went out to their team of skilled technologists, laying bare the full nature of my issue. What followed was a laborious, multi-step process that required an almost surgical level of digital forensics and Bitcoin skill. In order to create a thorough profile of my wallet's contents and activities, the (TRUST GEEKS HACK EXPERT) team first thoroughly examined the transaction history and metadata connected to it. Next, they implemented a series of advanced recovery techniques, using cutting-edge software tools to bypass the access barriers that had left me locked out. The entire process was shrouded in secrecy and discretion, with the (TRUST GEEKS HACK EXPERT) team working tirelessly to protect the confidentiality of my sensitive financial information. After what felt like an eternity of nervous anticipation, the day finally arrived when I received the triumphant notification – my wallet had been successfully restored, and all of my precious digital assets had been returned to my control. The sense of relief was indescribable, as I could finally breathe easy knowing that the fruits of my financial discipline had been safeguarded. While the experience of losing access to my wallet was undoubtedly traumatic, (TRUST GEEKS HACK EXPERT) intervention allowed me to emerge from the ordeal with my cryptocurrency holdings intact, and a renewed appreciation for the importance of proactive digital asset management. You can contact Them through EMAIL: [email protected] - TELEGRAM: TRUSTGEEKSHACKEXPERT

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