More on Web3 & Crypto
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Nathan Reiff
3 years ago
Howey Test and Cryptocurrencies: 'Every ICO Is a Security'
What Is the Howey Test?
To determine whether a transaction qualifies as a "investment contract" and thus qualifies as a security, the Howey Test refers to the U.S. Supreme Court cass: the Securities Act of 1933 and the Securities Exchange Act of 1934. According to the Howey Test, an investment contract exists when "money is invested in a common enterprise with a reasonable expectation of profits from others' efforts."
The test applies to any contract, scheme, or transaction. The Howey Test helps investors and project backers understand blockchain and digital currency projects. ICOs and certain cryptocurrencies may be found to be "investment contracts" under the test.
Understanding the Howey Test
The Howey Test comes from the 1946 Supreme Court case SEC v. W.J. Howey Co. The Howey Company sold citrus groves to Florida buyers who leased them back to Howey. The company would maintain the groves and sell the fruit for the owners. Both parties benefited. Most buyers had no farming experience and were not required to farm the land.
The SEC intervened because Howey failed to register the transactions. The court ruled that the leaseback agreements were investment contracts.
This established four criteria for determining an investment contract. Investing contract:
- An investment of money
- n a common enterprise
- With the expectation of profit
- To be derived from the efforts of others
In the case of Howey, the buyers saw the transactions as valuable because others provided the labor and expertise. An income stream was obtained by only investing capital. As a result of the Howey Test, the transaction had to be registered with the SEC.
Howey Test and Cryptocurrencies
Bitcoin is notoriously difficult to categorize. Decentralized, they evade regulation in many ways. Regardless, the SEC is looking into digital assets and determining when their sale qualifies as an investment contract.
The SEC claims that selling digital assets meets the "investment of money" test because fiat money or other digital assets are being exchanged. Like the "common enterprise" test.
Whether a digital asset qualifies as an investment contract depends on whether there is a "expectation of profit from others' efforts."
For example, buyers of digital assets may be relying on others' efforts if they expect the project's backers to build and maintain the digital network, rather than a dispersed community of unaffiliated users. Also, if the project's backers create scarcity by burning tokens, the test is met. Another way the "efforts of others" test is met is if the project's backers continue to act in a managerial role.
These are just a few examples given by the SEC. If a project's success is dependent on ongoing support from backers, the buyer of the digital asset is likely relying on "others' efforts."
Special Considerations
If the SEC determines a cryptocurrency token is a security, many issues arise. It means the SEC can decide whether a token can be sold to US investors and forces the project to register.
In 2017, the SEC ruled that selling DAO tokens for Ether violated federal securities laws. Instead of enforcing securities laws, the SEC issued a warning to the cryptocurrency industry.
Due to the Howey Test, most ICOs today are likely inaccessible to US investors. After a year of ICOs, then-SEC Chair Jay Clayton declared them all securities.
SEC Chairman Gensler Agrees With Predecessor: 'Every ICO Is a Security'
Howey Test FAQs
How Do You Determine If Something Is a Security?
The Howey Test determines whether certain transactions are "investment contracts." Securities are transactions that qualify as "investment contracts" under the Securities Act of 1933 and the Securities Exchange Act of 1934.
The Howey Test looks for a "investment of money in a common enterprise with a reasonable expectation of profits from others' efforts." If so, the Securities Act of 1933 and the Securities Exchange Act of 1934 require disclosure and registration.
Why Is Bitcoin Not a Security?
Former SEC Chair Jay Clayton clarified in June 2018 that bitcoin is not a security: "Cryptocurrencies: Replace the dollar, euro, and yen with bitcoin. That type of currency is not a security," said Clayton.
Bitcoin, which has never sought public funding to develop its technology, fails the SEC's Howey Test. However, according to Clayton, ICO tokens are securities.
A Security Defined by the SEC
In the public and private markets, securities are fungible and tradeable financial instruments. The SEC regulates public securities sales.
The Supreme Court defined a security offering in SEC v. W.J. Howey Co. In its judgment, the court defines a security using four criteria:
- An investment contract's existence
- The formation of a common enterprise
- The issuer's profit promise
- Third-party promotion of the offering
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forkast
3 years ago
Three Arrows Capital collapse sends crypto tremors
Three Arrows Capital's Google search volume rose over 5,000%.
Three Arrows Capital, a Singapore-based cryptocurrency hedge fund, filed for Chapter 15 bankruptcy last Friday to protect its U.S. assets from creditors.
Three Arrows filed for bankruptcy on July 1 in New York.
Three Arrows was ordered liquidated by a British Virgin Islands court last week after defaulting on a $670 million loan from Voyager Digital. Three days later, the Singaporean government reprimanded Three Arrows for spreading misleading information and exceeding asset limits.
Three Arrows' troubles began with Terra's collapse in May, after it bought US$200 million worth of Terra's LUNA tokens in February, co-founder Kyle Davies told the Wall Street Journal. Three Arrows has failed to meet multiple margin calls since then, including from BlockFi and Genesis.
Three Arrows Capital, founded by Kyle Davies and Su Zhu in 2012, manages $10 billion in crypto assets.
Bitcoin's price fell from US$20,600 to below US$19,200 after Three Arrows' bankruptcy petition. According to CoinMarketCap, BTC is now above US$20,000.
What does it mean?
Every action causes an equal and opposite reaction, per Newton's third law. Newtonian physics won't comfort Three Arrows investors, but future investors will thank them for their overconfidence.
Regulators are taking notice of crypto's meteoric rise and subsequent fall. Historically, authorities labeled the industry "high risk" to warn traditional investors against entering it. That attitude is changing. Regulators are moving quickly to regulate crypto to protect investors and prevent broader asset market busts.
The EU has reached a landmark deal that will regulate crypto asset sales and crypto markets across the 27-member bloc. The U.S. is close behind with a similar ruling, and smaller markets are also looking to improve safeguards.
For many, regulation is the only way to ensure the crypto industry survives the current winter.
Juxtathinka
3 years ago
Why Is Blockchain So Popular?
What is Bitcoin?
The blockchain is a shared, immutable ledger that helps businesses record transactions and track assets. The blockchain can track tangible assets like cars, houses, and land. Tangible assets like intellectual property can also be tracked on the blockchain.
Imagine a blockchain as a distributed database split among computer nodes. A blockchain stores data in blocks. When a block is full, it is closed and linked to the next. As a result, all subsequent information is compiled into a new block that will be added to the chain once it is filled.
The blockchain is designed so that adding a transaction requires consensus. That means a majority of network nodes must approve a transaction. No single authority can control transactions on the blockchain. The network nodes use cryptographic keys and passwords to validate each other's transactions.
Blockchain History
The blockchain was not as popular in 1991 when Stuart Haber and W. Scott Stornetta worked on it. The blocks were designed to prevent tampering with document timestamps. Stuart Haber and W. Scott Stornetta improved their work in 1992 by using Merkle trees to increase efficiency and collect more documents on a single block.
In 2004, he developed Reusable Proof of Work. This system allows users to verify token transfers in real time. Satoshi Nakamoto invented distributed blockchains in 2008. He improved the blockchain design so that new blocks could be added to the chain without being signed by trusted parties.
Satoshi Nakomoto mined the first Bitcoin block in 2009, earning 50 Bitcoins. Then, in 2013, Vitalik Buterin stated that Bitcoin needed a scripting language for building decentralized applications. He then created Ethereum, a new blockchain-based platform for decentralized apps. Since the Ethereum launch in 2015, different blockchain platforms have been launched: from Hyperledger by Linux Foundation, EOS.IO by block.one, IOTA, NEO and Monero dash blockchain. The block chain industry is still growing, and so are the businesses built on them.
Blockchain Components
The Blockchain is made up of many parts:
1. Node: The node is split into two parts: full and partial. The full node has the authority to validate, accept, or reject any transaction. Partial nodes or lightweight nodes only keep the transaction's hash value. It doesn't keep a full copy of the blockchain, so it has limited storage and processing power.
2. Ledger: A public database of information. A ledger can be public, decentralized, or distributed. Anyone on the blockchain can access the public ledger and add data to it. It allows each node to participate in every transaction. The distributed ledger copies the database to all nodes. A group of nodes can verify transactions or add data blocks to the blockchain.
3. Wallet: A blockchain wallet allows users to send, receive, store, and exchange digital assets, as well as monitor and manage their value. Wallets come in two flavors: hardware and software. Online or offline wallets exist. Online or hot wallets are used when online. Without an internet connection, offline wallets like paper and hardware wallets can store private keys and sign transactions. Wallets generally secure transactions with a private key and wallet address.
4. Nonce: A nonce is a short term for a "number used once''. It describes a unique random number. Nonces are frequently generated to modify cryptographic results. A nonce is a number that changes over time and is used to prevent value reuse. To prevent document reproduction, it can be a timestamp. A cryptographic hash function can also use it to vary input. Nonces can be used for authentication, hashing, or even electronic signatures.
5. Hash: A hash is a mathematical function that converts inputs of arbitrary length to outputs of fixed length. That is, regardless of file size, the hash will remain unique. A hash cannot generate input from hashed output, but it can identify a file. Hashes can be used to verify message integrity and authenticate data. Cryptographic hash functions add security to standard hash functions, making it difficult to decipher message contents or track senders.
Blockchain: Pros and Cons
The blockchain provides a trustworthy, secure, and trackable platform for business transactions quickly and affordably. The blockchain reduces paperwork, documentation errors, and the need for third parties to verify transactions.
Blockchain security relies on a system of unaltered transaction records with end-to-end encryption, reducing fraud and unauthorized activity. The blockchain also helps verify the authenticity of items like farm food, medicines, and even employee certification. The ability to control data gives users a level of privacy that no other platform can match.
In the case of Bitcoin, the blockchain can only handle seven transactions per second. Unlike Hyperledger and Visa, which can handle ten thousand transactions per second. Also, each participant node must verify and approve transactions, slowing down exchanges and limiting scalability.
The blockchain requires a lot of energy to run. In addition, the blockchain is not a hugely distributable system and it is destructible. The security of the block chain can be compromised by hackers; it is not completely foolproof. Also, since blockchain entries are immutable, data cannot be removed. The blockchain's high energy consumption and limited scalability reduce its efficiency.
Why Is Blockchain So Popular?
The blockchain is a technology giant. In 2018, 90% of US and European banks began exploring blockchain's potential. In 2021, 24% of companies are expected to invest $5 million to $10 million in blockchain. By the end of 2024, it is expected that corporations will spend $20 billion annually on blockchain technical services.
Blockchain is used in cryptocurrency, medical records storage, identity verification, election voting, security, agriculture, business, and many other fields. The blockchain offers a more secure, decentralized, and less corrupt system of making global payments, which cryptocurrency enthusiasts love. Users who want to save time and energy prefer it because it is faster and less bureaucratic than banking and healthcare systems.
Most organizations have jumped on the blockchain bandwagon, and for good reason: the blockchain industry has never had more potential. The launch of IBM's Blockchain Wire, Paystack, Aza Finance and Bloom are visible proof of the wonders that the blockchain has done. The blockchain's cryptocurrency segment may not be as popular in the future as the blockchain's other segments, as evidenced by the various industries where it is used. The blockchain is here to stay, and it will be discussed for a long time, not just in tech, but in many industries.
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Grace Huang
3 years ago
I sold 100 copies of my book when I had anticipated selling none.
After a decade in large tech, I know how software engineers were interviewed. I've seen outstanding engineers fail interviews because their responses were too vague.
So I wrote Nail A Coding Interview: Six-Step Mental Framework. Give candidates a mental framework for coding questions; help organizations better prepare candidates so they can calibrate traits.
Recently, I sold more than 100 books, something I never expected.
In this essay, I'll describe my publication journey, which included self-doubt and little triumphs. I hope this helps if you want to publish.
It was originally a Medium post.
How did I know to develop a coding interview book? Years ago, I posted on Medium.
Six steps to ace a coding interview Inhale. blog.devgenius.io
This story got a lot of attention and still gets a lot of daily traffic. It indicates this domain's value.
Converted the Medium article into an ebook
The Medium post contains strong bullet points, but it is missing the “flesh”. How to use these strategies in coding interviews, for example. I filled in the blanks and made a book.
I made the book cover for free. It's tidy.
Shared the article with my close friends on my social network WeChat.
I shared the book on Wechat's Friend Circle (朋友圈) after publishing it on Gumroad. Many friends enjoyed my post. It definitely triggered endorphins.
In Friend Circle, I presented a 100% off voucher. No one downloaded the book. Endorphins made my heart sink.
Several days later, my Apple Watch received a Gumroad notification. A friend downloaded it. I majored in finance, he subsequently said. My brother-in-law can get it? He downloaded it to cheer me up.
I liked him, but was disappointed that he didn't read it.
The Tipping Point: Reddit's Free Giving
I trusted the book. It's based on years of interviewing. I felt it might help job-hunting college students. If nobody wants it, it can still have value.
I posted the book's link on /r/leetcode. I told them to DM me for a free promo code.
Momentum shifted everything. Gumroad notifications kept coming when I was out with family. Following orders.
As promised, I sent DMs a promo code. Some consumers ordered without asking for a promo code. Some readers finished the book and posted reviews.
My book was finally on track.
A 5-Star Review, plus More
A reader afterwards DMed me and inquired if I had another book on system design interviewing. I said that was a good idea, but I didn't have one. If you write one, I'll be your first reader.
Later, I asked for a book review. Yes, but how? That's when I learned readers' reviews weren't easy. I built up an email pipeline to solicit customer reviews. Since then, I've gained credibility through ratings.
Learnings
I wouldn't have gotten 100 if I gave up when none of my pals downloaded. Here are some lessons.
Your friends are your allies, but they are not your clients.
Be present where your clients are
Request ratings and testimonials
gain credibility gradually
I did it, so can you. Follow me on Twitter @imgracehuang for my publishing and entrepreneurship adventure.
Scott Hickmann
3 years ago Draft
This is a draft
My wallpape
B Kean
2 years ago
Russia's greatest fear is that no one will ever fear it again.
When everyone laughs at him, he's powerless.
1-2-3: Fold your hands and chuckle heartily. Repeat until you're really laughing.
We're laughing at Russia's modern-day shortcomings, if you hadn't guessed.
Watch Good Fellas' laughing scene on YouTube. Ray Liotta, Joe Pesci, and others laugh hysterically in a movie. Laugh at that scene, then think of Putin's macho guy statement on February 24 when he invaded Ukraine. It's cathartic to laugh at his expense.
Right? It makes me feel great that he was convinced the military action will be over in a week. I love reading about Putin's morning speech. Many stupid people on Earth supported him. Many loons hailed his speech historic.
Russia preys on the weak. Strong Ukraine overcame Russia. Ukraine's right. As usual, Russia is in the wrong.
A so-called thought leader recently complained on Russian TV that the West no longer fears Russia, which is why Ukraine is kicking Russia's ass.
Let's simplify for this Russian intellectual. Except for nuclear missiles, the West has nothing to fear from Russia. Russia is a weak, morally-empty country whose DNA has degraded to the point that evolution is already working to flush it out.
The West doesn't fear Russia since he heads a prominent Russian institution. Russian universities are intellectually barren. I taught at St. Petersburg University till June (since February I was virtually teaching) and was astounded by the lack of expertise.
Russians excel in science, math, engineering, IT, and anything that doesn't demand critical thinking or personal ideas.
Reflecting on many of the high-ranking individuals from around the West, Satanovsky said: “They are not interested in us. We only think we’re ‘big politics’ for them but for those guys we’re small politics. “We’re small politics, even though we think of ourselves as the descendants of the Russian Empire, of the USSR. We are not the Soviet Union, we don’t have enough weirdos and lunatics, we practically don’t have any (U.S. Has Stopped Fearing Us).”
Professor Dmitry Evstafiev, president of the Institute of the Middle East, praised Nikita Khrushchev's fiery nature because he made the world fear him, which made the Soviet Union great. If the world believes Putin is crazy, then Russia will be great, says this man. This is crazy.
Evstafiev covered his cowardice by saluting Putin. He praised his culture and Ukraine patience. This weakling professor ingratiates himself to Putin instead of calling him a cowardly, demonic shithead.
This is why we don't fear Russia, professor. Because you're all sycophantic weaklings who sold your souls to a Leningrad narcissist. Putin's nothing. He lacks intelligence. You've tied your country's fate and youth's future to this terrible monster. Disgraceful!
How can you loathe your country's youth so much to doom them to decades or centuries of ignominy? My son is half Russian and must now live with this portion of him.
We don't fear Russia because you don't realize that it should be appreciated, not frightened. That would need lobotomizing tens of millions of people like you.
Sadman. You let a Leningrad weakling castrate you and display your testicles. He shakes the container, saying, "Your balls are mine."
Why is Russia not feared?
Your self-inflicted national catastrophe is hilarious. Sadly, it's laugh-through-tears.