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but for people who want to see what a clause might look like-
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also, they have an international rules body, and you can select international as well.
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for those of you who have clients or students who are interested in what could this look like, and kind of demystifying what arbitration might look like-
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the other thing i think that would be really useful, just trying to think about automating this as much as possible and-
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... leaving humans out of it when things do go wrong.
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and i would imagine just thinking about the way civil litigation works-
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... disputes. then what you could say is, "we are going to automate what happens if this dispute arises."
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i agree to the automation of the dispute, should it arise according to...
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... this smart contract. certain types of dispute, i-
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... don't want to automate, it'll have to go to a human being. then what you could do is when it's automated-
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... everybody could ratify the decision of the smart contract and just accept it.
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they come up with that solution of the buy-in, so you don't get a buyout.
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is that what you're presenting to the buyer of the said token?
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... my coin, for some reason they hacked into my wallet.
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... so we need to be very careful that what we're coding might look simple and easy now-
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... agree with that, and i think there's two important points that we need to consider.
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... so there will always be unintended outcome at some point with this code. and the flip side of that is, remember that every time that we ask someone to-
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... to a bad actor using that same door, and taking advantage of that door, right?
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and so, it's this balance that i think we'll find in the law, as we start to actually use smart contracts in a meaningful way.
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there are going to have to be some contracts that don't actually have-
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if nothing else is moving, then certainly we can identify bugs today in a static system.
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technology is fluid and full of motions-
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right? so eventually, the cryptography that's in bitcoin right now that-
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... in ether and the ethereum network right now isn't going to work anymore.
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so, it's not about having code that we know is going to run-
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i think it's an eye towards the reality that there will always be bugs.
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but i hope that i'm not coming across advocating the, "well, we-"
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"... just mixed up the status quo and we don't move forward," because i think that the world of smart contracts has a lot of promise.
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there is legislation that's pretty powerful in a lot of jurisdictions around the world-
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i think the insolvency zone is the one we're talking about. it's pre-insolvency when you know can't pay your debts as in when they fall-
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if you start taking new investors to try and resolve that, looks a bit like a ponzi scheme.
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this is really hard to know with this automation of crowdfunding projects.
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very hard to know when the insolvency zone, when we've entered it and if we set up any kind of arbitration system that resolves-
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... problem, but is actually just letting somebody get away with having-
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... breached the rules that say you can't trade while you're insolvent.
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... we're all contributing to an illegal contract.
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i'd love to talk to a lot of developers about this-
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... whether the code itself is an agent.
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and the reason why i ask this is, i'm just wondering about fiduciary obligations that are owed in relation to whatever it is that you take and hold on-
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i think everybody's pretty much accepting that they do exist-
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i just wanted to put it out there for discussion, and i think it's a hidden problem for all developers and also their advisors-
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if you're using ethereum, there are multi-sig contracts that you can use-
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but i think it's a huge red flag-
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... if someone is in the crypto space and holding assets for other people-
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that's the entire purpose, that's the whole reason we have bitcoin and ether and-
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... these alternative platforms of trust is so that we don't have to invest trust in third parties.
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i'm not saying it's always bad-
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is this anything burning that we've missed out?
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that's more the regulators, and the fact that no one that we know of has been prosecuted is very interesting.
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it's just very, very interesting because, and again, in the early days people were worried.
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it's absolutely fascinating, and the more that happens...
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... end up in prison, unless you never want to go through there again.
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... and yet he's on the verge of, he hasn't been deported but-
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i think that one of the problems with the regulator bringing the prosecution is of course you've got the higher standard, you've got the higher burden of proof, they've got to prove-
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then the other problem is, you need the information provided by the victims, and they-
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... or can't come forward. they may be vulnerable in some way-
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... because most regulators, and this is actually a point from the last conversation about what's happening in new zealand.
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in auckland, there were an awful lot of people from different government departments.
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... and then you can do it. especially that thing about having the arbitration, and having-
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there's also that thing of, the answer to the machine is in the machine.
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... and 90% of people want to do the right thing-
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you can get it signed off with a little bit of good conduct, and certify what that is-
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i mean, obviously i'm nowhere near up to speed on this as a technologist-
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... that should work. it's really important to do that, so that there can be some confidence built into the way that we're all going to move forward.
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yeah, alex, that momentum that's so important-
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... and we focus on the public policy issues that are generated through the availability of these new technologies.
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they allow people to do things that they weren't able to do before or-
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the primary consideration here is likely going to be us securities law as a first pass.
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... their british jurisdictions or former british jurisdictions, and with continental law and other law.
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the thing about american securities law is that the securities act has this laundry list of things that are securities.
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yes, but that's not good enough to determine when something is or is not eligible to be regulated in such a heavy-duty fashion as securities regulation is.
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... basically deferred to the federal courts in order to come up with some sort of flexible test for determining when something is and is not an investment contract.
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it's got many acres, he invites rich new englanders down to visit florida and the orange grove and-
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it's funny you should say that, the orange grove is for sale-
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it turns out that the orange grove is not profitable.
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there's a lawsuit, inevitably, against howie from some of these new englanders.
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just generalizing, stereotyping. i like new englanders...
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... which isn't a security. and then, you hired someone to farm your land with...
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that's a security. so, fast forward to 2015...
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... which is already sketchy because guess who owns those nodes? it's-
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it's josh garza. josh garza also has a history of being a scammer before paycoin, he...
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... from a like, how nothing ever freaking changes.
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turns out, it didn't even matter whether that is a security, that cloud mining operation, because he didn't even have the hashland.
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he does all sorts of silly things like promise that amazon is talks with him to accept paycoin as their digital currency. that there's going to be a-
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but, that's what you could say about people who bought these orange trees in florida.
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super good deal. so, you have investment of money, ex-
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this is really just a couple people in a dark room somewhere forking pure coin.
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so therefore, are all cryptocurrency securities?
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but, we've worked at coin center to develop a framework that helps answer that question.
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or it could narrowly apply to the specific facts of this particular case.
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basically, so recognizing that this is a looming issue...
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just a statute or a regulation with enumerated categories.
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you're going to potentially be subject to us regulations and-
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if that country has extradition, which most friendly countries do-
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so, we have this looming threat-
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and the summer of 2015 was present a framework to the sec that we felt would be helpful for them in first understanding how these technologies work.
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it was a small group of people developing this thing and promising these integrations.
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it's a common enterprise, but not the kind of common enterprise that we regulate as an issuer of securities and-
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thing. so the way bitcoin does it. the way ethereum does it. the way paycoin did it.
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and you can map them to the howie test.
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