Gabriel Shapiro (BSV Law) on compatibility between blockchains and the law (EP.125)

Published: Sept. 14, 2020, 9 a.m.

Gabriel Shapiro, partner at BSV Law (no relationship to the coin), joins the show to chat securities law, tokenized securities, and the nature of industry regulation. In this episode:\xa0

  • Gabriel's introduction to the crypto industry and Nick Szabo's influence
  • Gabriel's view on what public blockchains are for, most fundamentally
  • Why there is an inherent tension between blockchains and the law
  • Can public blockchains be made compatible with the law, and to what extent?
  • The best opportunities for synergy between the law and crypto
  • Gabriel's case for real tokenized securities
  • How stock certificates are held and organized in legacy markets
  • Domains where tokenized securities could outperform the current state of affairs
  • A mistake investors make when interpreting SEC behavior
  • Why the SEC will often let private litigation play out before imposing a fine
  • The contrast between the EOS/Block One and Sia/ Nebulous
  • Gabriel's critique of Hester Pierce's safe harbor for tokens - and her response
  • Precedents to consider when looking at the utility/security distinction
  • Whether a "Hinman test" for sufficient decentralization exists and what it entails
  • Gabriel's proposed modification to securities laws to suit the reality of the industry
  • The effect of election outcomes on securities enforcement

Follow Gabriel on Twitter and read his fantastic series on Medium, Size Does Matter