The next exciting step in the SEC's lawsuit against the open source HEX, PulseChain and PulseX publishing code, and I; is the SEC's response to the motion to dismiss. It's due in just a few weeks, July 8th. Then our response to their response is due a month after. Code is speech.
If you think you can threaten me to get me to stop telling the truth. I got news for you. Bigger dogs are trying, and it ain't working for them either. I'm going to keep telling the truth, and you're going to watch and learn. I'm brutally honest about #BItcoin, Ethereum and HEX.
If my honesty offends you, feel free to hit that alt-f4.
I am fighting the SEC for your rights. 11 of my lawyers filed this today. Ironically, today, the SEC's twitter account was hacked and a fraudulent message was posted. The blockchain literally solves exactly this problem. The SEC is attacking the very tech that it needs. Cryptographically verifiable authentication, proof and publication. Blockchains are the first and only immutable public ledger communications technology. Open source, peer to peer software. Millions of people use blockchains to publish pictures, text, messages, literature and more every day. Technology is the future. We pray to the courts to defend the constitution and your rights. #Bitcoin
Merry Xmas! I made a 1 hour 22 min video for you, with a green screen so you can put your own funny backgrounds. You're free to upload it where you like. #Bitcoin
UNREAL: Watch AI lip-sync in multiple languages, from English to Italian, Mandarain, Hindi & more! Real De-Fi is a human right—no matter your language.
@HexConference https://t.co/a3KKrso1Ja 2024—home to the most YouTubers in crypto 🌍🌏🌎🧵
Petition AGAINST the SEC vs @RichardHeartWin Case
> Lawyer Successfully defended Kyle Rittenhouse & Wesley Snipes
> No Payment Required - $10,000 Paid Already
> Anyone in $HEX, $PLS, or $PLSX who believes they are NOT a victim can SIGN
> 3200+ Signed Already
LINK: https://t.co/S64g9lELVQ
Remember when #Bitcoin went from 65k to 30k while HEX did like a 20x? Remember when I called the top years ago?#BTC is a risk on asset. It has historically dumped harder than the stock market when stocks have dumped. Betting that $BTC will go up when stocks, watches (yeah I called that top too.), cars, real estate are going down, seems pretty risky.
The world bought bonds. The bonds are all down massively. They're pretending it doesn't matter, using tactics like, "Hold till expiration." At some point the reality must be realized. As interest rates go up to fight inflation (government money printing), bonds continue to fall in value, and t-bills and chill keeps paying better, sucking money out of stocks, venture capital.
TLDR; Interest rates, higher for longer to fight inflation. People sell bonds and stocks to buy t-bills. Risky to bet on BTC to decouple and act like a safe haven from stocks when historically it's just done what stocks have, but harder. Few things have shown they can pump during dumps :)
I'm not a professional of any type. This is not financial advice. Do your own research.
P.S. It sucks that the government has billions of dollars of Bitcoin it intends to dump on your head from the Bitfinex hackers, silk road hackers, silk road itself, etc. It also has lots of #Ethereum sadly, because of things like #FTX, however, much less than the Bitcoin.
Day 15 #crypto class. #PulseChain student exercise launched! Thank you donors and @HexPLSFortheWin for organizing 👏. Students now have $PLS, $HEX, and other tokens. First assignment is to stake $HEX through Sunday & discuss Monday. Great learning opportunity! @THoSdocumentary
The crypto lawyers out there aren't using all the defenses available to them. I came up with these ideas to help them. As blockchains are communications networks, they are protected by Section 230. There's lots of other theories and case law I've found to help you guys out there. It's important to use all of the defenses available to you. Shoutout to XRP and Coinbase for fighting the good fight for freedom.
Freedom of Speech & Expression:
• Cryptocurrency code is protected speech (Bernstein v. DOJ; Junger v. Daley)
• Banning code access violates free speech (Universal City Studios v. Corley)
• Disclosure mandates compel speech (Wooley v. Maynard; Riley v. Nat’l Federation of Blind)
• Vague standards chill protected speech (Reno v. ACLU)
• Anonymity enhances free speech (McIntyre v. Ohio Elections Commission)
Privacy Rights
• Warrantless surveillance violates reasonable expectation of privacy (Carpenter v. US; Kyllo v. US)
• Identity verification rules contravene informational privacy (Whalen v. Roe)
• Compelled disclosure invades privacy (McIntyre v. Ohio Elections Commission)
• Tracking blockchain transactions violates privacy (Carpenter v. US)
• Constitutional right to informational privacy (NASA v. Nelson)
Freedom of Association
• Cryptocurrency communities are expressive associations (Boy Scouts v. Dale; Roberts v. Jaycees)
• Identity verification rules violate association (NAACP v. Alabama)
• Surveillance deters association (Roberts v. Jaycees)
Limits on SEC Power
• SEC v. W.J. Howey Co - devised investment contract test
• SEC v. C.M. Joiner Leasing Corp - securities laws don’t apply to commodities
• Reves v. Ernst & Young - securities laws don’t apply to currency-like notes
• SEC v. SG Ltd - no securities where purchasers received website access
No Common Enterprise
• Gary Plastic Packaging Corp v. Merrill Lynch - no common enterprise with independent control
Compelled Speech Violations
• Wooley v. Maynard - prohibits compelled speech
• Riley v. National Federation of Blind - mandated speech scrutinized
Right to Informational Privacy
• NASA v. Nelson - constitutional right to information privacy
Administrative Law Violations
• Retroactive enforcement fails due process (Landgraf v. USI Film Products)
• Vague standards violate due process (Sessions v. Dimaya; US v. Davis)
• Lack of notice violates due process (Christopher v. SmithKline Beecham; FCC v. Fox Television Stations)
• Failed to provide notice and comment (Chamber of Commerce v. SEC)
• Arbitrary and capricious actions (Motor Vehicle Mfrs. Assn. of U.S., Inc. v. State Farm Mutual Automobile Ins. Co.)
Right to Financial Privacy
• Monitoring blockchain transactions violates privacy (Carpenter v. US)
• Identity verification rules violate financial privacy (Griswold v. Connecticut)
Self-Determination Rights
• Restricting cryptocurrency contravenes international law on self-determination (UN Charter, Art 1; ICCPR, Art 1)
Cryptocurrencies as Commodities/Currencies
• CFTC v. McDonnell - virtual currencies are commodities
• U.S. v. Faiella - Bitcoin is currency
Unconstitutional Vagueness
• Vague laws allow arbitrary enforcement (Johnson v. United States)
• Laws must provide fair notice (Connally v. General Construction Co.)
Regulatory Overreach
• Agencies cannot expand power without Congressional authorization (MCI v. AT&T)
• Crypto regulation should come from legislature (Cyan v. Beaver County Employees Retirement Fund)
Blockchains Similar to ISPs
• Running a blockchain is like being an ISP by providing data access (47 U.S. Code § 230)
• ISPs have immunity for third-party content (47 U.S. Code § 230)
• Blockchains have user-generated content like ISP sites (47 U.S. Code § 230)
• Blockchain users are publishers like ISP users (47 U.S. Code § 230)
• Blockchains deserve ISP protections as user-generated content networks (17 U.S. Code § 512)
You should also notice the defenses Coinbase is using. Failure to state a claim, No authority to regulate, Major questions doctrine, wallets aren't brokers, abuse of discretion, equitable estoppel, unclean hands, laches. You should also be notice the Torres ruling in XRPs favor and the that and judge Katherine Polk Failla's ruling in favor in Uniswap's favor. She is also the judge in the Coinbase case. https://t.co/8sxDuXVxpe
There's more defenses, not here, and this should be a great help to you fine legal folks out there. Blockchains are speech. You do math, you publish it. Someone else checks your math. Peer to peer. Securely removing middlemen for a decade and replacing trust with mathematical proof.
Many powerful quotes exist in these cases which would be quite useful for public commenting periods, and in defense of the citizens constitutional rights elsewhere.
“We will not have a bull market until the GBTC premium is done sucking away institutional money. Why would they buy spot when they can buy GBTC for 20% cheaper?”
Soon.