BROADCASTS.com

In the SEC\u2019s push to rein in the crypto sector, one question looms large: Is ETH a security? Dan Berkovitz, a former CFTC commissioner and SEC general counsel, and Colin Lloyd, a partner at law firm Sullivan & Cromwell, assess the current state of the regulatory turf war in the U.S., shedding light on some of Washington\u2019s unanswered questions.\xa0\nListen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, TuneIn, Amazon Music, or on your favorite podcast platform.\nShow highlights:\n\nhow an asset can be both a commodity and a security\n\nwhat it means that bitcoin and ether were listed as non-security futures\n\nwhether The Merge may have changed regulators\u2019 views on the classification of ETH\n\nwho would be responsible for determining that ETH is a security\n\nwhat Colin and Dan say about ETH being a security or not\n\nwhat would happen if any regulator, be it the CFTC or SEC, determined that ETH is a security\n\nhow and whether DeFi applications should be regulated\n\nwhy it is important to consider the \u201chuman initiative\u201d behind DeFi platforms\n\nthe implications of having a technology that allows for the sale of securities without an intermediary\n\nthe implications of the SEC\u2019s proposal to change the definition of an exchange\n\nhow new technologies were integrated with the regulatory system in the past and how that differs from the current approach of the SEC\n\nthe problems of trying to regulate a technology that\u2019s changing so fast\n\nhow other jurisdictions have been taking a more proactive approach to regulating digital assets\n\nThank you to our sponsors!\nCrypto.com\nGuests:\n\n\nDan Berkovitz, former General Counsel at the SEC and former Commissioner at the CFTC.\n\nPrevious appearance on Unchained: Can a DeFi Smart Contract Be Regulated? Two CFTC Commissioners Discuss\n\n\n\n\n\nColin Lloyd, partner at Sullivan & Cromwell\n\nPrevious coverage of Unchained on crypto regulation:\xa0\n\n\u2018Is ETH a Security?\u2019 Why Gary Gensler Couldn\u2019t Give Congress a Straight Answer\n\nCoinbase's Legal Action Against the SEC: How It Will Likely Unfold\n\nRep. Emmer on Why He Believes Gary Gensler Is a \u2018Bad-Faith Regulator\u2019\n\nIs the Government Trying to Kill Off Crypto in the US?\n\nCoinbase\u2019s Top Lawyer Calls SEC Wells Notice a \u2018Massive Overreach\u2019\n\nLinks\n\n\nCoinDesk:\xa0\n\nU.S. SEC Moves Toward DeFi Oversight as It Reopens Proposed Regulations\n\nSEC Chair Gensler Declines to Say if Ether Is a Security in Contentious Congressional Hearing\n\n\nBloomberg: CFTC Chair Rostin Behnam on the Fight to Regulate Crypto\n\n\nUnchained:\xa0\n\nSEC Chair Gary Gensler Avoids Question: \u2018Is Ethereum a Security?\u2019\n\nSEC Sues Bittrex, Names Dash, Algorand and Other Tokens \u2018Crypto Asset Securities\u2019\n\nCoinbase Seeks to Compel SEC Response to Rulemaking Petition\n\nSEC Asks Court to Deny Coinbase Demand for Crypto Rules\n\nFinancial Institutions Hub: SEC Proposal Targets Crypto Exchanges, Trading Platforms, and Brokers\n\nEmmer and Soto Introduce Bipartisan Bill to Provide Regulatory Clarity for Digital Assets\n\n\nLearn more about your ad choices. Visit megaphone.fm/adchoices