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Nov. 8, 2022: Vote Crypto 🇺🇸🗳️🗽
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Nov. 8, 2022: Vote Crypto 🇺🇸🗳️🗽

LBRY Election Surprise Puts Cryptocurrency on the Ballot

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crv.mktcap.eth
Nov 08, 2022
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Nov. 8, 2022: Vote Crypto 🇺🇸🗳️🗽
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At the dawn of history, tyrants claimed the throne by right of the gods.
Removing the church from the state cost a thousand years of bloodshed.
Enshrined by the US at its birth, such separation would become a key to its success.

Will the fight to separate money from the state also exact such a steep toll?
Will existing powers recognize the benefits of stateless money to extending their power?
Or will emerging nations embrace this concept first, and use it to displace decaying empires?

The Battle of the Billionaires has drawn to a surprise close, but we already find ourselves thrust into the next great battle.

It’s Election Day in America, ground zero of the assault against cryptocurrency. Americans must vote on one issue, and one issue alone: cryptocurrency policy.

The outcome affects the planet. We’ve seen lately how America leads, then the rest of the world bleeds.

It’s been exactly three months since the United States issued unconstitutional and ethically reprehensible sanctions on an Ethereum address. Two days later an open source developer was detained by EU lapdogs. Their government still refuses to even issue charges. This is clearly a human rights atrocity. Nobody imagines it’s anything but a direct result of the United State’s backwater stance against cryptocurrency.

The US has been hostile towards cryptocurrency since its outset, (c/f Ross Ulbricht, the ICO crackdown, et al). The government’s recent antics nonetheless place 2022 among its most hostile years on record.

Yesterday Americans suffered a late “October Surprise” in terms of a court ruling on the longstanding “LBRY” case.

Twitter avatar for @bantg
banteg @bantg
bye bye usa https://t.co/NtoE8du3eE
Twitter avatar for @LBRYcom
LBRY 🚀 @LBRYcom
The full ruling in the SEC vs LBRY case can be read here. The language used here sets an extraordinarily dangerous precedent that makes every cryptocurrency in the US a security, including Ethereum. https://t.co/plLZuzBRpO
5:45 PM ∙ Nov 7, 2022
110Likes8Retweets
Twitter avatar for @LBRYcom
LBRY 🚀 @LBRYcom
The full ruling in the SEC vs LBRY case can be read here. The language used here sets an extraordinarily dangerous precedent that makes every cryptocurrency in the US a security, including Ethereum.
odysee.comSEC vs LBRY Summary Judgement Ruling (We Lost)The ruling in the case SEC vs LBRY case is out and LBRY, as well as the entire cryptocurrency industry, have lost. We will not let this stop our mission to achieve content freedom. A more detailed up...
3:52 PM ∙ Nov 7, 2022
2,721Likes935Retweets

The TL/DR: this absurd precedent massively expands what constitutes an “expectation of profit.” Earmarking tokens to the team, a common and necessary task for any crypto project, is now considered evidence of guilt by the ruling regime.

Developers need never even utter a single word — their intentions are presumed guilty unless innocence is established. Judges can police the absence of speech, imputing motives and empowering regulators to take enforcement action against thoughtcrimes.

Twitter avatar for @lex_node
_gabrielShapir0 @lex_node
it's dicta, but here the LBRY judge reasons that even if team is completely silent about efforts--no promises, no contracts--but premines tokens, that alone creates a sufficient expectation of profits from their efforts in common enterprise to pass the Howey test very bad result
Image
4:26 PM ∙ Nov 7, 2022
669Likes179Retweets
Twitter avatar for @badler125
Niftical @badler125
Wonder what this means for NFT projects holding back a percentage of supply. Especially now - given that the anti-royalty camp is saying this should be the way artists maintain exposure to their own growth.
Twitter avatar for @lex_node
_gabrielShapir0 @lex_node
it's dicta, but here the LBRY judge reasons that even if team is completely silent about efforts--no promises, no contracts--but premines tokens, that alone creates a sufficient expectation of profits from their efforts in common enterprise to pass the Howey test very bad result https://t.co/08k30CSKmZ
4:19 AM ∙ Nov 8, 2022
10Likes1Retweet

Never mind that withholding a supply tokens could be done for hundreds of legitimate technical reasons disconnected with profit-seeking. As a practical matter, a startup crypto project has very few arrows in its quiver other than some control over its own token. This outcome is unworkable.

The law of unintended consequences remains undefeated. This ruling only serves to guarantee a US-based cryptocurrency project could only be far less equitable. Now illegal is the reasonable practice of disclosing tokenomics regarding team allocation and offering a token in a fair release to the public. The only quasi-legal approach to a US token launch would resemble the early days of Bitcoin — “launch” into the shadows, ensuring only the team and a few elites can scoop up the supply before anybody is aware the project even exists.

The effects of this decision are clear.

Twitter avatar for @EleanorTerrett
Eleanor Terrett @EleanorTerrett
LBRY has lost in court against the @SECGov. CEO @jeremykauffman tells @FoxBusiness: “The SEC vs. @LBRYcom case establishes a precedent that threatens the entire US cryptocurrency industry. Under the SEC vs LBRY standard, almost every cryptocurrency, including Ethereum and https://t.co/Gg74SjHlJm
Twitter avatar for @FilanLaw
James K. Filan 🇺🇸🇮🇪 125k (beware of imposters) @FilanLaw
#XRPCommunity #SECGov v. #Ripple #XRP #LBRY BREAKING: 1/2 New Hampshire Court finds that LBRY offered LBC as a security and that the Fair Notice Defense fails. https://t.co/3S4yccgUS4
5:30 PM ∙ Nov 7, 2022
1,106Likes336Retweets
Twitter avatar for @DrNickA
drnick (anti-crypto arc) 🗳️² @DrNickA
This is bad news. Even the weak signal of “we have some tokens too” is enough to be considered a security apparently. Americans are gonna have a hard time using anything with a token in the future.
Twitter avatar for @lex_node
_gabrielShapir0 @lex_node
it's dicta, but here the LBRY judge reasons that even if team is completely silent about efforts--no promises, no contracts--but premines tokens, that alone creates a sufficient expectation of profits from their efforts in common enterprise to pass the Howey test very bad result https://t.co/08k30CSKmZ
5:38 PM ∙ Nov 7, 2022
75Likes18Retweets

The ruling amounts to a letter of marque for Gary’s attempts to pillage the entire crypto space. Even if his party loses power, he has broad authority to continue his quixotic anti-crypto crusade.

Twitter avatar for @lex_node
_gabrielShapir0 @lex_node
lot of people still missing the point of the LBRY opinion: -->people are going to talk about price at some point -->people are going to talk about building at some point -->no ICO, token was "functional" at time of any sales & those sales would've complied with Reg D anyway
4:03 AM ∙ Nov 8, 2022
109Likes22Retweets

We begin to suspect why the authorities have been dragging their feet on the Ripple case.

Twitter avatar for @FilanLaw
James K. Filan 🇺🇸🇮🇪 125k (beware of imposters) @FilanLaw
#XRPCommunity #SECGov v. #Ripple #XRP The Court has granted the SEC’s Motion to Extend the Time for all parties to file Reply Briefs. Reply Briefs are now due November 30, 2022 and the deadline for filing Amicus Briefs is November 11, 2022.
Image
6:10 PM ∙ Nov 4, 2022
2,448Likes639Retweets

This ruling effectively renders it impossible to launch a cryptocurrency project in the United States. Way to go Uncle Sam, you’ve completely relinquished any hope of allowing the future of the economy to percolate without our borders. Why would any developer allow America to reap the economic windfall of their handiwork, when America is threatening them at every step of the process?

Twitter avatar for @LBRYcom
LBRY 🚀 @LBRYcom
The most fucked up part of this whole situation is that even after five years of fighting and a court ruling, we still honestly do not know how to legally launch a public blockchain in the US. Does anyone?
8:36 PM ∙ Nov 7, 2022
5,200Likes1,079Retweets
Twitter avatar for @functi0nZer0
laurence (gpt-3 bot overlord arc) @functi0nZer0
I should hope it’s clear that the LBRY case really does settle the outstanding question of “how do you launch a crypto project in America” with a simple “you don’t” There are many other places that won’t give you a runaround quite this violent The Land of the Free ain’t it
9:39 PM ∙ Nov 7, 2022
62Likes10Retweets
Twitter avatar for @AFDudley0
Rick Dudley (afdudley.eth) @AFDudley0
I don't understand why the country I was born in and live in is so committed to finding new and exotic ways of making things worse.
Twitter avatar for @lex_node
_gabrielShapir0 @lex_node
@troy_mcartor yeah in the transcript of the oral arguments the judge literally says he would view beanie babies as an investment contract scheme...
2:56 AM ∙ Nov 8, 2022
5Likes1Retweet

The legal avenues for appeal are also seemingly nonexistent in this case. The United States has ably abused its judicial process to massively expand their powers in its war on cryptocurrency.

Remember, this is just one front in the government’s multi-pronged assault on cryptocurrency. Separately, the Ooki DAO case threatens to expand the government’s capability of serving enforcement orders.

Twitter avatar for @DefiantNews
The Defiant @DefiantNews
ALL of DeFi could potentially become ILLEGAL?! 🤯 The CFTC's case against Ooki DAO will set precedent that could forever alter the future of DeFi. However, Gabriel Shapiro (@lex_node) believes the CFTC's position can be attacked on two assumptions. Here's the argument 🧵👇
9:59 PM ∙ Nov 5, 2022
133Likes42Retweets

Before you find yourself too despondent, remember the judicial system is just one separate but equal branch of the federal system. In theory, the government works for us, the voting citizens of the United States. We have the power to clearly make our voices heard at the ballot box.

The United States court system is reinventing crypto policy in the absence of legislative guidance, where Congress has been slowly deliberating. Our strongest counter-attack is to elect the most explicitly pro-cryptocurrency slate of legislators to Congress. Let’s make attacking cryptocurrency so politically toxic that the executive branch never dares to exercise these misappropriated powers.

Remember all variety of dumb policies remain on the books, but shifting political winds influence enforcement priorities. Pennsylvanians are still technically required to disassemble their car in the presence of horses, but in practice nobody does so because society has evolved alongside technological progress. As crypto becomes mainstream, let’s relegate these insane judicial diktats to the dustbin of history.

US Citizens: don’t treat this like routine DAO governance. VOTE! Ignore the party affiliations. Ignore the culture war distractions. Fill out an explicitly pro-cryptocurrency ballot.

Non-Americans, please contact five to ten of your US voting friends and urge them to vote explicitly on cryptocurrency issues when casting their votes. Americans are quite lazy, so help us out as best you can. Provide resources like PAC DAO and Coinbase’s Crypto-Friendliness Guide to track the bipartisan group of legislators best able to represent cryptocurrency values.

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