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April 22, 2022by Laura Shin

Why the SEC’s Proposed Rules Affecting DeFi Could Violate the First Amendment

Peter Van Valkenburgh, director of research at Coin Center, discusses a proposed rule by the US Securities and Exchange Commission that has massive implications for the free-speech rights of crypto software developers in the US. Show highlights:

  • why an SEC proposal changing the definition of “exchange” could violate the right to free speech of US crypto developers
  • whether the SEC is going after DeFi on purpose – as its 200+ page proposal never mentions crypto or DeFi
  • what precedent Peter has found that should prohibit the SEC from taking away software developers’ right to free speech
  • how Peter and Coin Center structured their recent letter of comment to the SEC
  • what the next steps (such as a lawsuit?) should be for the crypto community if the rule goes into effect 
  • why writing software is part of someone’s right to free speech
  • what implications the proposed rule could have on AMMs
  • what happens next: when could the rule be put into place?

Unchained is hiring! 

Find out information on the three openings at Unchained and how to apply here: 

  • part-time remote social media marketing manager: https://unchainedpodcast.com/seeking-part-time-remote-social-media-and-marketing-manager/
  • part-time remote editorial assistant: https://unchainedpodcast.com/seeking-remote-editorial-assistant/
  • part-time remote video/audio producer: https://unchainedpodcast.com/seeking-part-time-remote-video-audio-producer/

Announcing The Cryptopians Book Clubs!

On April 26th, I will be selling NFT tickets to five 90-minute virtual book clubs in which 22 people can discuss “The Cryptopians” with me and with each other — without worrying about spoilers! Two of the book clubs will also feature special guests. 

The sale will go live on Tuesday, April 26, at 1pm ET/10am PT,  and tickets will be $100 each. (The sale will be on Bitski, but the NFTs will not be visible until the sale goes live on the 26th): https://www.bitski.com/@laurashin/created

Thank you to our sponsors!

Crypto.com: https://crypto.onelink.me/J9Lg/unconfirmedcardearnfeb2021    

Coinchange: https://coinchange.io   

OnJuno: https://onjuno.com/ 

Galaxis: https://galaxis.xyz/

Episode Links

Peter Van Valkenburgh

  • Coin Center profile: https://www.coincenter.org/people/peter-van-valkenburgh/
  • Twitter:  ​https://twitter.com/valkenburgh 

The SEC Proposal

  • Proposal: ​https://www.sec.gov/news/press-release/2022-10# 
  • Comments on the proposal: https://www.sec.gov/comments/s7-02-22/s70222.htm 
  • Coin Center’s/Peter’s comment: https://www.coincenter.org/a-new-sec-proposal-has-a-serious-change-hidden-within-its-complex-language/
  • Coin Center blog on its comment: https://www.coincenter.org/a-new-sec-proposal-has-a-serious-change-hidden-within-its-complex-language/ 
  • Gabriel Shapiro’s comment: https://twitter.com/lex_node/status/1516079145213739013 

Posted in: 2022, Shows, UnchainedTagged in: coin center, crypto, First Amendment, free speech, Peter Van Valkenburgh, regulation, SEC

Our guest on this episode:
Peter Van Valkenburgh, Director of Research at Coin Center

Peter Van Valkenburgh

Director of Research at Coin Center

© Copyright 2022 – 2023 Laura Shin Media LLC. All Rights Reserved.

Website by Zach Swinehart.

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Unchained Podcast

  • Podcast
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  • Resources
    • Crypto Glossary
  • About
  • Contact
    • Sponsors
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