[seanhunter]

“Can’t complain” doesn’t make it legal. I had this argument a number of times with cryptobros at the time “if it’s on the chain it’s fair game” I heard quite often. Just, no. Just because some code allows you to get away with something doesn’t make it not illegal[1].

The thing is you or I don’t get to say what is or isn’t a market that is covered by market abuse laws. Regulators do, and while it’s true to say none of the relevant regulators had stepped up and conclusively shown these markets were under their jurisdiction, they had repeatedly said they were looking into them and given hints they felt they had jurisdiction. Heck, I was in a meeting with Kevin Warsh around 2014 or so[2] where he asked about bitcoin so it’s clear the fed was at least looking into crypto at that time long before they made public comment. ISTR talking to the cftc at the same time and they asked about it too.

So “unregulated” in this context doesn’t mean “not covered by regulation” it means “regulatory status extremely uncertain”. If you want to go in with a very aggressive strategy you’re taking some risk that regulators will post facto go after you because they do that a lot in conventional markets.

[1] Market abuse in this case, but it’s obviously the case in cybersecurity also.

[2] This isn’t some kind of weird boast btw, cbankers and regulators meet with people from industry all the time as part of their normal information-gathering process and he met with a group of us who were working with some bank on detecting things like market abuse. He had some sort of academic position at Stanford at the time iirc looking into various types of bank regulation, but he was still plugged into the fed governors because he had only just left that.

[bb88]

> I had this argument a number of times with cryptobros at the time “if it’s on the chain it’s fair game” I heard quite often. Just, no. Just because some code allows you to get away with something doesn’t make it not illegal[1]

But that is/was the cryptobros argument: Code is Law! And now instead of fixing the algos they're going right to suing each other just like TradFi with TradLaw.

Crypto is the future!