Monax

The SEC’s latest enforcement action is targeting NFTs, and OpenSea is in the crosshairs. In this episode, crypto lawyer Preston Byrne joins to unpack the implications of the SEC's Wells Notice to OpenSea and what it might mean for the platform and the broader NFT market. Could Section 230 of the Communications Decency Act provide a unique defense for OpenSea? Preston also dives into other recent SEC moves, including cases against Stoner Cats, Impact Theory, and more.  Lastly, with the 2024 elections looming and political divides sharpening, is the SEC overreaching in its approach to crypto? Show highlights: Why Preston believes that the SEC will go after OpenSea for being an unregistered securities exchange What the Stoner Cats case was about and why it was not a strong enforcement action, according to Preston Why OpenSea's defense against the SEC may hinge on Section 230 protections for user-generated content, setting it apart from traditional exchanges like Coinbase or Binance How the clear-cut promises made by Impact Theory about potential returns made their NFTs resemble securities, unlike the typical art-focused NFTs on OpenSea Why Nate Chastain’s NFT insider trading case is unlikely to impact the SEC’s potential lawsuit against OpenSea Whether the $4 million settlement by Dapper Labs over NBA Top Shot NFTs likely represents little relevance to OpenSea's SEC issues What a Wells notice signals about the SEC's likelihood of suing OpenSea and why they might feel confident about winning this case How Jonathan Mann and Brian Frye's lawsuit for clarity on NFTs as securities highlights the SEC's potentially overreaching stance in its possible case against OpenSea How Trump's careful language around his NFT collection likely minimizes SEC risk by avoiding investment promises and focusing on their use as digital collectibles Whether the SEC's actions could reinforce the divide among crypto voters, with Trump promising a crypto-friendly stance and Harris likely continuing a more adversarial approach Visit our website for breaking news, analysis, op-eds, articles to learn about crypto, and much more: unchainedcrypto.com Thank you to our sponsors! iTrustCapital Polkadot Token 2049 Mantle’s FBTC Gemini Guest Preston Byrne, Managing Partner at Byrne & Storm Links Wells notice Original announcement by X by OpenSea’s CEO Devin Finzer Unchained: OpenSea's Wells Notice From the SEC Could Prove ‘Disastrous’ Recent cases Unchained: Are NFTs Securities Offerings? Two Artists Sue the SEC to Find Out The Defiant: NFTs Are Securities? All Eyes Turn to Top Shot Case Reuters:  US regulator fines Stoner Cats creator for offering NFTs Ex-OpenSea manager sentenced to 3 months in prison for NFT insider trading Hester Peirce’s dissent on the Stoner Cats case Others Paper: The Economic Reality of NFT Securities. Mondaq: Defining NFTs: Property, Securities, Or Commodities? National Post: Trump’s newest NFTs show him as superhero, boxer and motorcyclist Timestamps: 00:00 - Introduction 02:11 - SEC targets OpenSea: Unregistered exchange? 03:58 - Stoner Cats case: Weak for SEC? 07:42 - OpenSea's defense: Section 230 protections 13:15 - Impact Theory's promises vs. OpenSea's NFTs 15:34 - Nate Chastain's case 17:15 - Dapper Labs settlement: Relevance to OpenSea 18:56 - Wells notice: SEC's confidence to sue 19:48 - Mann & Frye's lawsuit: SEC overreach? 22:39 - Trump’s NFT strategy: Minimizing SEC risk 24:53 - What this Wells notice says about the presidential election 58:25 - News Recap Learn more about your ad choices. Visit megaphone.fm/adchoices

Preston Byrne

Co-founder and Former COO

MonaxAnderson Kill

At Non-Fungible Castle 2021, an NFT exhibition in Prague, four NFT experts discuss the legal implications of NFTs. Guests include Jonathan Victor, product/business development at Protocol Labs; Louis Baudoin, advisor at Monax; Diana Stern, product counsel at Stripe; and Shant Marootian COO at Fractional.art. Show highlights: what users are receiving with the purchase of an NFT how the terms of service for different NFT marketplaces change NFT rights how on-chain storage and off-chain storage affects NFT ownership what rights do creators need to mint an NFT what recourse creators have if someone mints their art as an NFT and profits from it whether NFT marketplaces should respect NFT royalty standards on resales how NFT marketplaces could make it easier for creators to clarify licensing and royalty standards whether NFTs should be regulated under existing laws and what gaps in regulation need to be filled when an NFT should be considered a security how different jurisdictions may work together to regulate NFTs why money laundering is a problem for NFTs how a DAO could go about owning an NFT or IP what would happen to NFTs and DAOs if Ethereum were to suffer a hard fork again why DAOs should stay compliant with traditional regulations how to improve licensing and industry standards for NFTs whether NFTs should be considered as financial objects what would happen if a museum fractionalized the Mona Lisa   Thank you to our sponsors! Avado: ava.do Crypto.com: https://crypto.onelink.me/J9Lg/unconfirmedcardearnfeb2021  Nodle: https://bit.ly/3AXGydJ    Episode Links:   Non-Fungible Castle 2021 Website: https://www.nfcastle.com/ Conference recordings: https://www.nfcastle.com/conference Twitter: https://twitter.com/nf_castle  Tweet thread of Laura’s experience at NFCastle 2021:  https://twitter.com/laurashin/status/1449731658928824320    Jonathan Victor LinkedIn: https://www.linkedin.com/in/jonathan-victor-69a44255  Louis Baudoin LinkedIn: https://www.linkedin.com/in/lou-baudoin-5b847a151/  Twitter: https://twitter.com/MerkleData  Diana Stern Linkedin: https://www.linkedin.com/in/dianajstern  Shant Marootian LinkedIn: ​https://www.linkedin.com/in/smarooti/  Learn more about your ad choices. Visit megaphone.fm/adchoices

Jonathan Victor

Product and Business Development

Protocol Labs

Louis Baudoin

Advisor

Monax

Diana Stern

Product Counsel

Stripe

Shant Marootian

COO

Fractional.art

Preston Byrne, an independent consultant and English lawyer, and Angela Walch, an associate professor at St. Mary’s University School of Law who focuses on blockchain technology, both explain their criticisms of the crypto space, give grades to regulators on their job so far, and how they think major players in the space can improve. They discuss what systemic risks they believe crypto could pose to the wider financial system, how the current activity in the space is accruing "legal debt," and what it's like being a critic in a land of believers. Preston Byrne: https://prestonbyrne.com/ Angela Walch: https://law.stmarytx.edu/academics/faculty/angela-walch/ Sponsored by Preciate: https://preciate.org/ for https://preciate.org/recognize/ and StartEngine: http://startengine.com/ for https://www.startengine.com/pages/summit   Learn more about your ad choices. Visit megaphone.fm/adchoices

Preston Byrne

Co-founder and Former COO

MonaxAnderson Kill

Angela Walch

Associate Professor

St. Mary's University School of Law

My guest this week is Preston Byrne. Preston is vocal critic of crazy prices and projects in the world cryptocurrencies. His background is in the legal world and also as a founder and former COO of Monax, which made the first open-source permissioned blockchain client. As Preston says, he is a “blockchain without bitcoin” guy, who believes that this crypto mania will end in some sort of apocalypse for token holders and ICO issuers . We tackle several issues, from his broad skepticism of crypto assets, to the potential regulatory reaction from major governments, to types of coins like stable coins, which Preston views as analogous to perpetual motion machines.  Please enjoy our conversation and for any crypto investors out there, let me know if this conversation affects your opinion of the investing prospects for cryptocurrencies.  Hash Power is presented by Fidelity Investments   For more episodes go to InvestorFieldGuide.com/podcast. Sign up for the book club, where you’ll get a full investor curriculum and then 3-4 suggestions every month at InvestorFieldGuide.com/bookclub. Follow Patrick on Twitter at @patrick_oshag   Links Referenced Bitcoin white paper The Bear Case for Crypto Hash Power series Zero Hedge Preston tweet on Reverse network effect   Show Notes 2:12 - (First Question) –Ponzi scheme vs pyramid scheme vs Nakimoto scheme  5:29 – Why there are regulatory challenges to cryptocurrency             5:33 – The Bear Case for Crypto  9:59 – Who are the most influential people supporting this and how are they swaying the regulatory minefield on this issue             10:28 – Hash Power series  13:23 – Looking into the idea of a digital asset and the difference between blockchain and the token itself  16:09 – What about the idea that cryptocurrency’s only feature is that it’s censorship resistant  18:39 – Why cryptocurrencies become less usable the more successful they are             18:59 – Zero Hedge  21:04 – Why can’t we rely on offchain solutions to solve the scaling issue  22:29 – The idea of bubbles and what happens next in this one            25:41 – What are the incentives to build technology to support cryptocurrencies  29:23 – Explaining Ripple  31:21 – What would precipitate a massive reversal in the inflated valuations of cryptocurrencies  34:52 – Understanding reverse network effects             34:36 – Preston tweet on Reverse network effect 37:45 – The principles behind Stablecoin 42:20 – What has been the greatest lesson that Preston has learned about blockchain he wish he knew when he first got started 44:05 – How embedded will blockchain be by 2024/2025 45:12 – ICO’s, why Preston is not a fan and if there are any positives to them 50:20 – What are the conditions under which these things will be viewed legally. 54:00 – Preston’s history owning cryptocurrencies 55:35 – What has Preston most excited in the space 59:02 – Utility settlement coin 1:00:36 – Why the fascination with marmots 1:02:10 – What to reference before getting started with cryptocurrencies 1:04:03 – Understanding supply chains in block chain 1:07:14 – Some smart people on block chain to follow 1:08:24 – Kindest thing anyone has done for Preston Learn More For more episodes go to InvestorFieldGuide.com/podcast.  Sign up for the book club, where you’ll get a full investor curriculum and then 3-4 suggestions every month at InvestorFieldGuide.com/bookclub Follow Patrick on twitter at @patrick_oshag

Preston Byrne

Co-founder and Former COO

MonaxAnderson Kill