Post
Topic
Board Securities
Re: [BitFunder] Asset Exchange Marketplace - Official Launch
by
burnside
on 12/12/2012, 09:44:27 UTC
Thanks everyone for the kind words and support.

Quick update:
Graphs now show a "D"ividend market with payout information.


What happens when the three letter agencies are coming to knock on your door?
How are you different from https://btct.co or https://www.litecoinglobal.com ?

EskimoBob:

In my honest opinion, I do not believe that making a claim that the site is 'virtual currency' and that
'No assets on the site are to be considered real.' would convince any U.S. Federal Judge (esp. when
a U.S. Citizen goes out of their way to put it in a server in Belize when they operate their own hosting
service in the U.S) that the service is not guilty of something already and deny an FBI warrant request.
The U.S. Government does not care where your services are hosted, or how you claim ownership is
divided up, and especially if you are a U.S. citizen that appears to be in control (and sometimes if you
are real lucky, they do not even care if you are a U.S. Citizen to begin with), if they want to make an
example out of you they will. (see. KimDotCom)

If you get on the list of "Notorious Markets", it really does not matter where you are, who you are,
your citizenship, your servers location, or if you have a legitimate  business that has acted properly to
comply under all rules and regulations, if you are targeted, you will have to deal with it.

Here is the older December 20th, 2011 '"Notorious Markets" report from the office of the president of
the United States.
http://www.ustr.gov/webfm_send/3215

You will notice that many of these items state that they could be used for fully legal actions, but
include misuse, therefore on the list. Under "Cyberlockers" you will notice that "Megaupload" who
provided the same type of service as DropBox, and many other large named corporations is on that
list. I think most of us know the KimDotCom story. If you do not, a quick summery is, MegaUpload
was protected under the U.S. DMCA act, in which direct contact information is publicly available
for all to see, and is to be the direct point of contact for any persons claiming their site to be
hosting copyrighted materials. (I know, I am on the list due to my hosting business.) There had
been no actual complaints or suites filed against the company, and they had a working relationship
with the MPAA/RIAA for them to be able to remove any content they wanted at the click of a button.
Was the service illegal or not? The general answer is probably "legal", however, that is to be decided
after the site has been shut down, and fully investigated in this case. If it is not clearly legal (which
even those things get questioned), and is at worst case something that falls into a shade of grey that
is already being noticed by an entity, such as the SEC or FBI (who has published at least one report on
Bitcoin to my knowledge), then no matter what you do, or say, and try to be to protect yourself
the following applies.

A. It will never be enough to keep them from trying if you get targeted.
B. It will only make you look more guilty the more you try to "hide" things in other countries, etc.

If any entity targets you, the big question is what will happen to all of the users of the site and their data?
With the voluntary shutdown of GLBSE all data was retained, and is eventually being distributed. In the
previously mentioned worst case scenario, there would be no such luxury.

BitFunder has learned from this incident and has the users best interests in mind.
When a user signs up for BitFunder they are asked to provide a bitcoin address that will be listed publicly.
BitFunder publicly lists all data by coinaddress,asset,shares live on the site at all times without violating
any users privacy and allows them to proove ownership should the need arise.
You can view the public asset list at https://bitfunder.com/assetlist.

As of this point, re-checking their websites, and to the best of my knowledge, I can not find on either
btct.co or cryptostocks, a plan of action provided to the public that would stop such a terrifying loss
to the users and community, be it from "three letter agencies" to server and data failures, hackers, or
some other reason.

James (Nefario) was correct that the best course of action would be to become a legally supervised
entity. At least this somewhat lowers the chance.

I currently own and operate an AUD/CAD/USD exchange (https://WeExchange.co), and am
presently pursuing licensing in multiple countries & states for it. While in the process of this, I have
also been working out a method to potentially further legalize BitFunder in a respectable country.

I would hate to see this thread change to the subject of whats legal or not, options, etc.
If you want to continue the discussion I am more than happy to on another thread, or on IRC. Smiley

Again, this is only my opinion on the matter, which it may very well be wrong, but I allowed to have it.
I am always open to new ideas, concepts, etc and generally want to hear them.
(That is, after all the proper way to form an opinion of your own, not by shutting down others responses.)

Also, this opinion is not attempting to insult anyone in any way, if it has done so, I apologize ahead of time.

Good response Ukyo, I've been trying to avoid comparisons, as you never come out unbiased when describing your own projects.  However I'll try to clarify a few things.

It is incorrect that BTC Trading Corp is operated by a US Citizen.  It is operated by a group of gentlemen that reside in Belize from an office in Belize City.  While I hold a large stake in the company, my role is roughly that of a webmaster.  I do not have access to the corporate bank account for instance, and core site operations like asset approvals, etc, are handled by the shareholders.

You are correct that if the US Gov't wanted to disappear me, they could.  I doubt that anyone here could legitimately claim otherwise.  I would love to see the stockholders in the company diversified and I have publicly asked for candidates willing to register their shares (requires aml style id process) with the corporate secretary.

While in the process of this, I have
also been working out a method to potentially further legalize BitFunder in a respectable country.

Lawyer and I did a lot of research into this.  While not impossible, this would be an incredible feat until you have some significant revenue.  The problem is that most (every country I could find except for the Cook Islands) already have the equivalent of an SEC and require exchanges to be registered.  They're not going to approve you for trading in other than the local currencies, and will require your exchange to operate solely within their jurisdiction.  I would absolutely love it if you find somewhere out there that is a good home for legit BTC exchanges, but even if you did, it would still be illegal for that exchange to solicit US investors.  I know everyone likes to poke fun at it, but there's more legitimacy in the virtual exchange (educational and entertainment purposes only...) than you might think.  The very fact that everyone on the forums pokes fun at it legitimizes it because it's something I can hold up in court, "see your Honor, no one took it seriously, they all understood what it was."  Anyway, I digress.  Wink


As of this point, re-checking their websites, and to the best of my knowledge, I can not find on either
btct.co or cryptostocks, a plan of action provided to the public that would stop such a terrifying loss
to the users and community, be it from "three letter agencies" to server and data failures, hackers, or
some other reason.

If any entity targets you, the big question is what will happen to all of the users of the site and their data?
With the voluntary shutdown of GLBSE all data was retained, and is eventually being distributed. In the
previously mentioned worst case scenario, there would be no such luxury.

Short answer.  It's in the FAQ... "Q: Why should we trust this site after so many others have failed?", and on the main page in the list of done todo's where each feature has been crossed off as it was developed.

Longer answer:  litecoinglobal.com had this from day... 1?  maybe 2?  (btct.co being a clone of litecoinglobal.com)  There are no less than 3 different ways the asset issuers can get at the data.  In the website.  Via JSON API.  And via email.  The email is automatic... you get a copy of all your shareholders in your inbox twice a day.  MPEx poked all kinds of fun at me for the email feature, but the bottom line is that I have no idea if anything will ever happen to the site and I don't want to be responsible for anyone's economic loss.  So it'd be easy to shift from one of BTC Trading Corp's exchanges to another exchange elsewhere because we've always been about making it easy for the asset issuers to do their thing.  This may eventually be to our detriment, as the issuers really could leave at any time, but I still feel strongly that it's important to give your users the tools they need to succeed.

Suggestion: You may want to re-examine your theory on BTC addresses being anonymous and maybe only display them to the asset issuers that need them.

Wrapping things up...

I can say, with all honesty that I am impressed with BitFunder and hope that you succeed.  It's a great looking site, easy to use, and seems to introduce some great new features.  I have a lot of respect for you and have no doubt that you'll be a great asset to the community.

Cheers.