Post
Topic
Board Altcoin Discussion
Re: Which crypto-coins are "investment securities"? Implications?
by
TPTB_need_war
on 23/10/2015, 22:31:59 UTC
I hope you can see that can't have a promotion of a security, if it never is a security.
False. "Pork belly" is not a security. "Pork belly futures/options/participation shares" were securities subject to the regulation and oversight.

Sorry those are securities as defined under the law:

http://www.lextechnologiae.com/2011/06/26/why-bitcoin-isnt-a-security-under-federal-securities-law/

Quote
WHERE THE TERM ‘SECURITY’ COMES FROM
A security implies an investment method or instrument that is secured against something else.

BUT IF CURRENCY CAN BE A SECURITY, THEN BITCOIN IS A SECURITY BECAUSE IT’S A TYPE OF CURRENCY, RIGHT?
Wrong. Bitcoin is not really a type of currency, at least not of the type recognized as securities. No entity or assets back up Bitcoin value. Bitcoin value is entirely virtual—a Bitcoin is only worth what another person thinks its worth. This is different than currency issued by countries.

Bitcoin is backed by no entity, no commodity, no organization.



In civil law you only need to prove the preponderance of the evidence and not beyond any reasonable doubt. But at least that removes the criminal liability.

Miscommunication. You seem to be thinking of USA exclusively. I'm writing to a worldwide audience because this forum is not limited to the "American" readers.

https://en.wikipedia.org/wiki/List_of_national_legal_systems
https://en.wikipedia.org/wiki/Common_law
https://en.wikipedia.org/wiki/Civil_law_(legal_system)

Well almost anything one can do in life could make one culpable to multiple jeopardy  when considering the vagaries of a multiple of legal systems and common laws. My point was to address the reasonably well defined securities regulatory law where it is so encoded. I considered the USA and EU (not each EU country) for starters.

It seems to me that if what you've done is reasonably in line with the very strict USA securities law, you've done good disclosure (i.e. enumerated risks, what you provide and don't provide, etc), and you've done a fair deal and not egregiously harmed any one, then the risks are about the same as committing 3 felonies a day just by breathing.