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  • 1 year ago
Let's look at the ongoing legal battle between Ripple and the SEC, and potential issues for Ethereum, especially if it faces legal challenges from the SEC.

There’s speculation on big changes in the cryptocurrency world, which include the possibility of Ethereum’s projects migrating to an EVM-compatible sidechain amidst potential upheavals triggering an ETH exodus. Whistleblower claims create an atmosphere of unpredictability and potential shifts in the digital currency landscape.

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Transcript
00:00Today, we're going to get into what I think is going to happen with the digital asset space over the next six months, and why.
00:08We've got legal clarity on the asset itself, XRP, and the SEC's appeal against that legal clarity has been removed.
00:18So, it doesn't look like XRP itself will be a security in the eyes of the U.S. government, now that there is regulation on that asset.
00:28But that's really the only thing in the U.S. that has legal clarity at this point.
00:33The only two other assets that have been mentioned to potentially have legal clarity were by Bill Hinman in a speech he gave in 2018,
00:43where he basically said that the SEC viewed Bitcoin and Ethereum as commodities, and that the rest of the space could be considered securities.
00:53And he threw a new prong into the Howey test, which, you know, he looked at decentralization of a project, which is not a prong to the Howey test.
01:02So, I think they'll end up being a new test for digital assets in particular, a framework put around that.
01:08MICA, the bill that's been drafted in the U.K., does a good job of putting a sandbox in place and allowing for some other things there.
01:16And the U.S. seems behind in that area.
01:19But I think maybe that's on purpose.
01:22Potentially to expose some corruption and collusion that went on.
01:26We'll see what ends up happening.
01:28I'm just going to give my thoughts on the situation, and I'll let you come to your own conclusions.
01:33In this case, Bill Hinman's emails have come out,
01:37And there were people that told him not to make the remarks that he made in that speech in 2018.
01:45But he did it anyway.
01:47And there's some other things that have been brought to the forefront.
01:52There's also a supposed whistleblower that has receipts for collusion between the Ethereum Foundation,
02:02Russia, China, the SEC, and J.P. Morgan.
02:07Until we see the receipts, I don't know what those are, or if they're true or not.
02:13We'll have to wait and see if those actually come out.
02:15But the potential headwinds here are that Bitcoin and Ethereum actually don't have legal clarity in the eyes of the U.S. government.
02:24There is no congressional legislation that was put forth.
02:28And really the only thing at this point for digital assets are court rulings.
02:32And Ripple and the SEC are still in the lawsuit.
02:34The asset itself is no longer on the table as the security with contracts that Ripple created for the investment with their company
02:44and the sales of XRP to institutions still is under litigation, along with Chris Larson and Brad Garlinghouse.
02:51So we'll see what ends up shaking out there.
02:55They do meet for an hour, I believe, in December.
02:58And if they don't come to a settlement at that point, the case and trial will be in April next year.
03:05But during that time, let's say they do push it all the way to trial.
03:08That would probably mean that XRP is the only thing that has legal clarity that's not, not a security.
03:15It doesn't have full legal clarity in the eyes of the U.S. government because it's not been given a designation.
03:19FinCEN did state that XRP is a currency in 2014 when they settled with Ripple
03:26or some of the other regulatory things that were an issue early on.
03:32With that, let's say some of these allegations, maybe not all of them, are true that come out around this whistleblower from Ethereum.
03:44There's been a lot of things developed on that network, like a lot of things.
03:49DeFi protocols, staking, NFTs.
03:53You know, there's a lot of stuff that has flourished on that network over the past five years
03:58as those people thought it had legal clarity in the eyes of the U.S. government, you know, because Bill Hinman gave that speech.
04:05And so a lot has been developed.
04:06There's been a lot of time, resources, and money invested into that network.
04:10And it would be a tragedy if that network, the underlying protocol, were to come under scrutiny by the SEC
04:17and potentially be sued or come after for the ICO.
04:21So the, you know, potential collusion and other problems that have gone on.
04:26We'll see if, again, I don't know if any of that's true until we see the receipts.
04:31This is all speculation here.
04:33But let's say that does happen.
04:35The implications for Ethereum's network would be dramatic.
04:42I think you would see a similar price drop in Ethereum that you saw in XRP when the lawsuit was filed against it.
04:49So that's a dramatic drop.
04:50I mean, we're looking at, you know, 60, 70% price reduction in Ethereum.
04:55And what does that do to liquidity on that network?
04:57It's already got high gas fees and long latency.
05:02If people don't want to run validator nodes because they're concerned that they're holding securities and they pull out,
05:07you've got large funds at this point that run validator nodes on that network.
05:11Again, speculation.
05:13We'll see what happens with time.
05:14But all the things that have been built on that network would need a new home.
05:18They would need somewhere to transition.
05:20They would need a bridge.
05:21They would need somebody else that would put together something that was compatible with the EVM or the Ethereum virtual machine.
05:26And there's other networks that are compatible with the EVM that are coded in Python and Solidity for the smart contract protocols and DeFi.
05:35You'd still have to change some things in order to migrate them.
05:38Again, so XRP being the only thing that technically has legal clarity in the U.S. as not a security.
05:45It's interesting to me that they've developed a sidechain with that network that is EVM compatible.
05:52And would allow a smooth transition of all those projects that have been scaled and built on Ethereum over to that network,
06:00which would have much lower latency and lower fees.
06:02We'll see if that transpires.
06:03You've also got things like XDC that have real-world financial products being built on top of it, TradeFi.
06:09I think that there's a real chance, if these allegations by the whistleblower are true,
06:15that we would see a dramatic shift in the landscape of crypto over the next six months,
06:20where people migrate from their projects being on, you know, Matic and Polygon and Solana and Ethereum over to that sidechain on the XRPL.
06:32And I think that would bring a lot of liquidity to that network.
06:36It would bring use case.
06:39And it's just interesting to me that, you know, within the last year that that's been created there.
06:45Almost like, you know, they knew maybe some of this was coming.
06:49Again, we'll see if it happens or not.
06:51I'm not stating it does either way.
06:53I'm just giving you some information and a little bit of speculation for fun.

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