UNCHAINED: The SEC Thinks Crypto Airdrops Are Securities. Here's Why This Lawyer Thinks It's Wrong

Congressmen Tom Emmer and Patrick McHenry sent the SEC a letter demanding clarification on how crypto airdrops are securities offerings. Amanda Tuminelli of the DeFi Education Fund breaks down why she thinks the SEC is wrong on its interpretation.

This week, Republican Representatives Tom Emmer and Patrick McHenry sent a letter pressing SEC Chair Gary Gensler for clarity on how securities laws apply to airdrops.

With billions of dollars worth of tokens airdropped this year alone, projects need clarity more than ever. 

In this episode, Amanda Tuminelli, Chief Legal Officer of the DeFi Education Fund, dissects the SEC’s stance on airdrops, why her organization believes the SEC has stretched the legal definition of “compensation” too far, and what Congress might ask Gensler in his upcoming hearing.

Plus, she talks about how the SEC “regrets” any confusion it caused for using the term “crypto assets securities,” since the agency now admits that tokens themselves are not securities.  

Show highlights:

Why Amanda believes the SEC’s position on airdrops doesn’t make senseWhy the DeFi Education Fund sued the SEC over the BEBA airdrop How the SEC’s position on airdrops has been clear for a while, but is “wrong” according to AmandaHer take on users bypassing the geographic restrictions to claim airdrops in the U.S.How and why the SEC has changed its language around “crypto assets securities”How the SEC’s new position on crypto assets implicating securities laws seems to rest on the “embodiment” theoryWhy Amanda believes the Supreme Court or Congress may be needed to step inWhat Amanda expects Congress to question Gary Gensler about in the hearing next weekAmanda’s takeaways from the first Congressional DeFi hearing last weekHow she expects the presidential election will impact the regulatory landscape in the U.S.

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Guest

Amanda Tuminelli, Chief legal officer of the DeFi Education FundPrevious appearances on Unchained: Gary Gensler’s Case Against Uniswap: Does the SEC Even Stand a Chance?Is This the End of DeFi? Why the US Government Is Going After Tornado Cash

Unchained Podcast is Produced by Laura Shin Media, LLC. Distributed by CoinDesk.

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