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Amanda Tuminelli

@atuminelli

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A huge win for @uniswap and software devs everywhere today. The 2d Cir affirmed the dismissal of fed securities claims in Risley v. Uniswap Labs. "The threshold issue in this case is whether the developers of automated computer codes that facilitate the transfer of cryptocurrency on a decentralized exchange may be held liable under federal securities laws for the alleged fraudulent conduct of third parties on that exchange." Inject it into my veins: "In sum, we agree with the district court that it “defies logic” that a drafter of a smart contract, a computer code, could be held liable under the Exchange Act for a third party user’s misuse of the platform . . . Accepting Plaintiffs’ allegations as true, the district court appropriately determined that Defendants’ smart contracts were, at best, collateral to the third parties’ scam token activities and the type of tangential activity that falls outside of Section 29(b)."
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Today @fund-defi and @blockchainassn filed an amicus brief in support of a challenge to the SEC’s Consolidated Audit Trail (CAT), arguing that the CAT, especially when it pertains to the digital asset sector, “unacceptably undermines privacy and personal freedom.” ICYMI, the CAT is the largest database of securities txs ever created and will include personally identifiable information on every retail brokerage customer in the U.S. Given the SEC’s position that digital asset market participants are exchanges, brokers, and/or dealers, the SEC may force them to comply with CAT reporting requirements. The result, which we warn the court about, is that the CAT could connect personally identifiable user info with wallet addresses, providing the government with more tools to track user financial activity for all time. This info would then be at the disposal of the government, creating unprecedented privacy concerns. https://www.defieducationfund.org/_files/ugd/84ba66_38222aa7b44f4e7392f0b9b22bf82039.pdf
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