The Third Web #1 – Re-examining the Legality of ICOs

Joshua Ashley Klayman, co-founded the blockchain and smart contracts working group at the law firm Morrison and Foerster and leads the WSBA’s Legal Working Group. We caught up in person at a Cafe in Central Park to discuss gender disparity in tech and ICO regulation – a subject of considerable significance right now.

Women in blockchain:
Social barriers to entry,
Counterproductive responses to gender disparity in blockchain,
Public displays of bigotry.

ICO Regulation:
What percentage of ICOs are legal?
How do “facts and circumstances” bear on the Howy test?
Analyzing the SEC ruling that TheDAO was a security
Regulatory focus on preserving the innovation space
Fear of fraud, scams and terrorist financing
Most ICO tokens are securities
The utility token misunderstanding
The Swiss foundation model and the challenges of separation of governance
Is it irresponsible for ICOs to be raising $200MM in funding?

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