Law of Code

Latest Episodes:

#60 - Crypto Regulation in the EU w/ Patrick Hansen Aug 26, 2022

Show notes

Patrick Hansen (@paddi_hansen) serves as crypto venture advisor at Presight Capital, a global venture fund with +$600m AUM and 50+ startups in its portfolio. Patrick previously worked as head of strategy & business development at crypto-wallet startup Unstoppable Finance and head of blockchain at Bitkom, Europe’s largest tech association, where he led crypto-related regulatory work, research, and partnerships.

This conversation covers all things crypto regulation (EU, travel rule, stablecoins etc.) and what Patrick expects the landscape to look like in the future. We’ll also touch on best practices he’s seen in his research and what makes the EU a global leader in crypto regulation.

Show highlights:

[2:22] Genesis block

[5:10] Building a presence on Twitter

[10:00] MiCA & TFR in the EU

[23:30] Principles of EU regulation & blockchain

[28:04] Digital Euro

[37:00] EU Stablecoins

[43:50] Global coordination on regulation

& much more.

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Disclaimer: Jacob Robinson and his guests are not your lawyer. Nothing herein or mentioned on the Law of Code podcast should be construed as legal advice. The material published is intended for informational, educational, and entertainment purposes only. Please seek the advice of counsel, and do not apply any of the generalized material to your individual facts or circumstances without speaking to an attorney.

#59 - Marc Boiron on the playbook for Sufficient Decentralization Aug 23, 2022

Show notes

Marc Boiron (@boironattorney) is the Chief Legal Officer of the Polygon companies and a strategic advisor at Variant Fund, an early-stage fund investing in web3. He’s also a board member of the DeFi Education Fund. Marc recently published an excellent article, titled “Sufficient Decentralization: A playbook for Web3 builders and lawyers.”

In this episode, we dive deep into Marc's article to highlight how builders and lawyers should think about sufficient decentralization. We also touch on Marc’s journey and his thoughts on the current state of crypto regulation.

Show highlights:

[2:03] Marc's introduction to Bitcoin

[9:27] Why decentralization is important

[17:08] Best practices in decentralization

[24:00] The critical point in Marc's paper

[37:40] Airdrops & the Howey Test

[42:00] Mutation doctrine

[53:00] Tools for DAO communities

& much more.

Resources:

Sufficient Decentralization: A Playbook for web3 Builders and Lawyers

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#58 - Yitzy Hammer & Samuel Goldfaden: The future of NFTs, whether securities laws should apply, and NFT NYC. Aug 15, 2022

Show notes

Yitzy Hammer and Samuel Goldfaden are co-founders of DLT Law and two crypto-focused lawyers based in Israel. Yitzy has been working with tech companies for the past 6 years on M&A, IP, privacy (CIPP/E certified), and corporate and commercial law-related legal issues. Samuel specializes in AML compliance and financial regulation.

Both Yitzy and Samuel worked for many years at Herzog, Fox & Neeman, Israel's largest law firm, including through the 2017 ICO craze. Recognizing a need for tailored services in the web3 space, they launched DLT Law, a unique practice where they work exclusively with crypto and blockchain-related products and services - NFT creators, DAOs, exchanges, and funds. In addition, they provide strategic consulting to web3 projects, drawing on their experience in the industry.

Show highlights:

[2:00] Genesis block

[8:50] Choosing to start a crypto-law firm

[10:50] Learnings from NFT NYC

[15:15] Should securities laws apply to NFTs

[19:20] The NFTs of the future

[22:40] Revisiting Yuga Labs vs Ryder Ripps

& much more.

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#57 - Bill Richards & Gideon Esakoff on Crypto Litigation: How to avoid it, warning signs, and self-governance. Aug 08, 2022

Show notes

Bill Richards is an attorney and partner at Richards & Moskowitz PLC, a boutique Arizona firm serving the civil litigation needs of business, government and individuals. Through nearly three decades of trial practice, Bill has developed an expertise in successfully managing the most complex litigation matters. In private practice, he has represented global banking institutions, government bodies, judges, multibillion-dollar investment firms, as well as victims of consumer fraud and civil rights violations.

When he is not advising clients, Bill is an adjunct professor for the Sandra Day O’Connor College of Law at Arizona State University, where he teaches trial advocacy. He is also an avid endurance runner.

Gideon Esakoff (@gid3xn) is an attorney at Richards & Moskowitz, where he represents businesses, government agencies and individuals. Gideon also studies the legal and social implications of emerging technologies including artificial intelligence and blockchain.

Show highlights:

[4:00] Identifying warning signs

[9:50] The automobile is analogous to crypto

[16:00] Self-governing devs & the law society

[25:00] Storytelling in the courtroom

[30:50] Avoiding crypto litigation 101

[44:50] What commercial lawyers can learn from litigators

[57:00] Being yourself

[75:30] Importance of understanding the facts

& much more.

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#56 - Kelsie Nabben on DAO Research, Ethnography, and the History of Cryptography Aug 06, 2022

Show notes

Kelsie Nabben (@kelsiemvn) is a researcher of decentralized technology communities. As an ethnographic researcher, she is interested in the human outcomes of digital infrastructure, blockchain community culture, and algorithmic governance. Kelsie is also a recipient of a PhD scholarship at the RMIT University Centre of Excellence for Automated Decision-Making & Society, a Fellow at the DAO Research Collective, and a researcher in the Digital Ethnography Research Centre and Blockchain Innovation Hub.

Show highlights:

[1:51] Kelsie's introduction to Bitcoin

[6:15] Ethnography & her current role

[13:00] How to study a DAO

[15:05] Decentralization

[21:19] Autonomousness & Automation

[30:22] Sovereignty and DAOs

[43:00] Resilience and "Good Governance"

[56:55] Habits & advice

Show links & Kelsie's writing:

Blockchain Security as “People Security”: Applying Sociotechnical Security to Blockchain Technology

Towards a participatory digital ethnography of blockchain governance

Steven Levy, Crypto: How the Code Rebels Beat the Government Saving Privacy in the Digital Age

Aligning ‘Decentralized Autonomous Organization’ to Precedents in Cybernetics

Imagining Human-Machine Futures: Blockchain-based 'Decentralized Autonomous Organizations'

What is Resilience?

Towards a model of resilience in decentralised socio-technical infrastructure

DAO Vulnerabilities: A Multi-Scale DAO Ecosystem Mapping Tool Towards Computer-Aided Governance

DAO Vulnerabilities: A Map of Lido Governance Risks & Opportunities

kong.land/

‘Crypto-States’ Will Compete With Corporates in the Metaverse

A collection of Kelsie's writing

#55 - Mike Wawszczak of Alliance DAO on DAOs & the Legal System Aug 06, 2022

Show notes

Mike Wawszczak (@dotwavsz) is General Counsel at @alliancedao and a valuable contributor to the DAO ecosystem. Mike has written extensive twitter threads and insightful articles on all things DAOs.

This conversation touches on the origins of Mt. Gox, philosophical issues with the current legal system, and the future of DAOs.

Show highlights:

[2:00] Magic the Gathering & Mt. Gox

[7:00] Online Pseudonymity

[11:00] Law & Economics

[17:00] Enforcing the Law

[23:00] Advice & Habits

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#54 - John Deaton on Ripple, Decentralization, XRP and the SEC Jul 11, 2022

Show notes

John Deaton (@JohnEDeaton1) is the Managing Partner of the Deaton Law Firm, a law practice he founded in 2006. John is also the founder of Crypto-Law.us, a Bitcoin, ETH, XRP and crypto enthusiast, and an entrepreneur.

A former Marine-turned-class-action lawyer, John became interested in crypto in 2016, and eventually invested in Ripple coin, XRP. When the SEC sued Ripple over allegations that XRP was an unregistered security, John raised concerns about the agency’s case, which he didn’t think was warranted, in a legal filing as a private citizen on his own behalf.

John filled me in on the entire saga so far, as well as what's on the horizon for XRP.

Show highlights:

[2:00] John's intro to crypto

[8:00] Difference between XRP and Ripple

[14:00] John explains the case for XRP being decentralized

[22:00] Why John joined the Ripple vs SEC lawsuit

[30:00] Why the SEC included XRP in the Ripple lawsuit

[41:00] Where the XRP & Ripple case stands

& much more.

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#53 - Adam Sternbach: General Counsel at Fractional on NFTs & Legal Considerations Jul 04, 2022

Show notes

Adam Sternbach (@adamsternbach) is General Counsel at Fractional (@fractional_art), former Counsel to New Jersey Governor Phil Murphy (@GovMurphy) and a startup/VC attorney.

This wide-ranging episode covers the BAYC, owning a valuable NFT, working as general counsel, and much more.

Show highlights:

[1:37] Buying & owning a Bored Ape

[11:20] Explaining NFTs

[21:00] Counsel for Governor Murphy

[27:00] General counsel role

[36:00] NFT legal considerations

[41:00] Staying on top of crypto law

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#52 - Peter Van Valkenburgh: Constitutional Challenges & Crypto Privacy Jun 27, 2022

Show notes

Peter Van Valkenburgh (@valkenburgh) is the director of research for Coin Center, the leading non-profit focused on the policy issues facing cryptocurrencies. He was previously the Google Policy Fellow for TechFreedom and is a graduate of NYU School of Law, as well as a self-taught designer and coder.

In this episode, we discuss Peter's role at Coin Center, the U.S. Constitution & Crypto, and the SEC's definition of an exchange.

Show highlights:

[1:10] Genesis block

[9:20] Writing

[13:50] Societal impact

[18:00] Decentralization

[24:00] Exchanges

[29:10] Legal interpretations

[34:00] Biden's Executive Order

[42:00] Constitutional law

[48:45] "Owning" Bitcoin

[55:00] Interviewing Edward Snowden

[58:30] Advice for recent grads

[60:16] Seed oils

Links:

Peter's writing on Coin Center's website coincenter.org/people/peter-van-valkenburgh/

Seed oil blog: fireinabottle.net/

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#51 - SEC Commissioner Hester Peirce answers the biggest questions in crypto law Jun 20, 2022

Show notes

Hester Peirce (@HesterPeirce) is a Commissioner at the U.S. Securities and Exchange Commission. She previously served as the director of the Financial Markets Working Group at George Mason University's Mercatus Center.

This episode covers almost every pressing issue in crypto law, as Commissioner Peirce shares her thoughts on stablecoin regulation, the future of the SEC, the fourth prong of Howey & much, much more.

Show highlights:

[1:50] Stablecoin regulation

[6:10] Regulatory philosophy

[12:00] Safe harbor update

[18:00] Information asymmetry vs code transparency

[22:00] Smart contracts

[24:00] Accredited investor exemptions

[28:00] Sufficient decentralization & DAOs

[34:00] Evolving tokens: from a security to non-security

[36:20] NFTs & securities law

[39:00] Bitcoin ETP

[43:00] Crypto custody

[47:00] Advice & habits

Thanks for listening! If you enjoyed this episode, please consider leaving a review. You can subscribe to our newsletter to stay updated on the latest episodes.

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