Cointime

Download App
iOS & Android

“Polkadot — NOT a Security!”

Validated Individual Expert

Cryptocurrency has been in the zeitgeist for quite some time now, and one of the most significant players in the game is Polkadot ($DOT). The recent ruling by the US Securities and Exchange Commission (SEC) that $DOT is not a security has been a game-changer for the digital asset and its investors.

Before diving into the details of the SEC’s ruling, let’s take a closer look at what the $DOT token represents. $DOT is the native token of the Polkadot network, a decentralized, multi-chain platform that enables the interoperability of different blockchain networks.

In other words, it aims to connect different blockchains to work together in a seamless and secure way, enabling the transfer of data and assets between them.

A high-level schematic of how Polkadot’s relaychain is laid out. Parachains are the ‘nubs’, the circle in the middle is the Relaychain that unites them all

“But what if it was ruled a security?”

We would be mistaken if we didn’t also discuss a few of the main concerns that would exist if a cryptocurrency did happen to be ruled a security by the SEC.

In short, a security classification would subject the cryptocurrency to a range of regulatory requirements and restrictions that are -ahem- “designed to protect investors”.

To enumerate specific points:

  1. Compliance Costs: Being classified as a security would require the cryptocurrency to comply with a range of regulatory requirements, such as registering with the SEC and providing ongoing disclosure to investors. This could be a costly and time-consuming process for the teams that would otherwise be building.
  2. Limits on Distribution: A security classification would also impose limits on how the cryptocurrency can be distributed and traded. For example, the SEC requires that securities be sold only to accredited investors or through a registered offering — not exactly open and permission-less, like most cryptocurrencies aim to be.
  3. Potential Litigation: If a cryptocurrency is classified as a security, it would expose the cryptocurrency community to the risk of litigation. Investors could sue the cryptocurrency community if they believe they have been misled or if the cryptocurrency fails to meet their expectations.
  4. Impact on Liquidity: A security classification could also impact the liquidity of the cryptocurrency. Some investors may be hesitant to purchase a security, as they would be subject to restrictions on when they can sell their holdings.
  5. Impact on Innovation: Finally, a security classification could limit the ability of the cryptocurrency community to innovate and evolve their technology. New developments in the cryptocurrency space may not be possible if they are deemed to be in violation of securities laws.

As you can see, this is a ruling that would be best avoided if a team wants to heads-down innovate without having to worry about simultaneously navigating a regulatory minefield.

On the bright side, currencies to arrive in the future might to learn from these discussions and ensure that their initial token release (or ICO) meets all of the SEC’s checkboxes well in advance (though these goal posts are likely to move).

The ruling

Now, coming back to the SEC’s ruling on $DOT in particular, it is important to note that the definition of a security has been a major point of contention in the cryptocurrency world.

A security is typically defined as:

an investment in a common enterprise with the expectation of profit derived from the efforts of others.

According to the SEC, the $DOT token does not meet this definition, as it is not an investment in a common enterprise and its value is not dependent on the efforts of others. $DOT is instead a software. If the SEC sticks to this position, it would place the Polkadot community in an excellent position to build out their ecosystem with a 0-to-1 blue ocean product approach.

The ruling is also significant for the development of the Polkadot network. With the SEC’s ruling, the network can continue to grow and evolve without fear of being hindered by regulatory hurdles. This, in turn, could lead to increased adoption of the network and further growth in the value of the $DOT token.

Moreover, the SEC’s ruling made $DOT more attractive to institutional investors who are typically more risk-averse and have been hesitant to invest in cryptocurrencies due to the lack of clear regulatory guidance.

In conclusion, the SEC’s ruling that $DOT is not a security has been a major milestone for the cryptocurrency industry. It provides greater clarity and stability for investors and opens up new opportunities for the development of the Polkadot network. As the world continues to embrace cryptocurrencies, the significance of this ruling will only become more apparent in the coming years.

One caveat

At the time of writing (2/11/23), to my knowledge, the SEC has not distributed a no-action letter.

A no-action letter is a statement from the SEC indicating that it will not take enforcement action against a particular company or individual for a specific activity. A no-action letter provides regulatory certainty and clarity for the recipient, as it allows them to proceed with their plans without fear of enforcement action from the SEC.

While the Web3 Foundation (the Polkadot network’s version of the Ethereum Foundation) seems confident that they are in the clear, a lack of a no-action letter manifesting means that the SEC can backpedal at almost any time with little to no repercussions. Investors should keep this in mind.

Comments

All Comments

Recommended for you

  • UAE to introduce legal framework for DAOs

    The United Arab Emirates is focusing on introducing a legal framework for decentralized autonomous organizations (DAOs) in the Ras Al Khaimah Digital Asset Oasis (RAK DAO), a free economic zone dedicated to digital assets. Law firm NeosLegal and RAK DAO announced that the new system will be launched and discussed at the DAO Legal Clinic on October 25th. Irina Heaver, a partner at NeosLegal, said that the framework is expected to clarify how DAOs can remain legally compliant, and she believes this will have a significant impact on decentralized governance in the UAE and the wider Web3 ecosystem. The announcement emphasizes that the legal structure will clarify tax obligations and benefits. It will also establish property rights for on-chain and off-chain assets and provide legal protection for the founders, members, and contributors of the DAO from personal liability. The legal framework will also enable DAOs to enter into legally binding contracts and establish guidelines for resolving internal and external disputes.

  • Data: U.S. public debt surges in the past three weeks, increasing by $455 billion

    On October 18th, according to Bloomberg terminal data, as of October 15th, 2024, the total amount of US public debt reached a historic high of approximately $35.75 trillion. In just the past three weeks, US debt has increased by $455 billion.

  • Montenegro to determine Do Kwon's extradition fate this weekend

    According to Cryptoslate, the Minister of Justice of Montenegro, Bojan Božović, confirmed that a decision has been made regarding the extradition of Do Kwon, co-founder of Terraform Labs, and the extradition agreement will be signed before the end of this week. This decision was made after a long and controversial legal process that lasted for several months. Božović did not provide further comments on the details of the case, nor did he disclose where Kwon will be extradited to. He said, "As Minister of Justice, I have no further comments other than those already ruled by the Supreme Court."

  • Shenyu: The widespread existence of blind signature issues provides hackers with opportunities to take advantage of, and the problem must be solved

    Bitfish (@bitfish1) posted on X platform, stating that when there are security risks on the front end, hardware wallets should ensure asset security as the last line of defense. However, at present, blind signature issues are prevalent, which provides hackers with opportunities. This problem must be solved.

  • Deutsche Börse Clearstream: D7 platform has issued over 10 billion euros in digital bonds

    Deutsche Börse's Clearstream announced that its digital securities platform D7 has issued over 10 billion euros (11 billion US dollars) in digital bonds. Currently, D7 is mainly used for two types of issuance, namely large digital bonds and structured products. From a technical perspective, the D7 platform uses DAML smart contracts, and the latest version of DAML supports the Canton blockchain. Previously, Clearstream also participated in a practical experiment using the French wholesale central bank digital currency CBDC for settlement.

  • US CFTC: Federal court was "wrong" to allow Kalshi to launch prediction market

    Lawyers from the US Commodity Futures Trading Commission (CFTC) argued in a brief submitted to an appeals court that a federal judge "wrongly" allowed Kalshi to list and trade election contracts, and reiterated many of its arguments made in a lower court. Last month, a judge ruled that the CFTC could not prohibit Kalshi from listing election contracts. The regulatory agency applied for a stay to prevent the company from launching the product before the appeal's outcome, but the court's judge ruled that the CFTC failed to prove irreparable harm would be caused.

  • The Trump family will receive 75% of WLFI's net income and will not bear any liability

    The Trump family's encrypted project World Liberty Financial (WLF) has released a 13-page "World Liberty Gold Paper" document that details the project's mission and token allocation plan. The document shows that the Trump family will receive 75% of the project's net income without any liability.

  • US spot Bitcoin ETFs saw a net inflow of $470 million yesterday

    According to TraderT's monitoring, the net inflow of the US spot Bitcoin ETF was $470 million yesterday.

  • ZachXBT: Suspected insiders made $3.8 million in profits on RTR

    On August 10th, Chain Detective ZachXBT posted on social media that 4 addresses made a profit of $3.8 million in the RTR sell-off, with the 9G1ELG and GHoW2 addresses belonging to the same person and receiving 500 SOL in new funds within minutes after the TGE. Previously, it was reported that Restore The Republic (RTR) had its TGE on the evening of August 8th, with rumors circulating in the community that it was related to a new project by the Trump family. The RTR token reached a high of $0.156 on August 9th at midnight. Afterwards, Eric Trump, the current Executive Vice President of the Trump Organization and son of Donald Trump, warned on social media to "be careful of false tokens" and that the only official Trump project has yet to be announced and will be announced on Twitter first. After the statement was released, RTR quickly dropped by about 95%, with a trading volume of $164 million within just 15 hours of its creation.

  • The U.S. Internal Revenue Service has released a new draft of the crypto tax form, which no longer requires filling in wallet addresses and transaction IDs

    The US Internal Revenue Service (IRS) released an updated draft version of tax form 1099-DA for cryptocurrency brokers and investors to report certain transaction income. The public has 30 days to provide feedback to the IRS on this version. Starting in 2026, cryptocurrency investors who use brokers (currently mainly Coinbase and Kraken, among others) will receive 1099-DAs from these brokers to report certain cryptocurrency sales and trades as taxable events to the IRS. IRS officials say this form will "bring more convenience and clarity" to users who pay US cryptocurrency taxes.