合并后的以太坊是证券吗?

吴说区块链Published on 2022-09-29Last updated on 2022-09-29

Abstract

从创建的那一刻起,关于 ETH 性质的争论就不能被简单归结。在最近协议向“权益证明”(PoS)交易验证机制完成过渡时,争议只会更甚。

从创建的那一刻起,关于 ETH 性质的争论就不能被简单归结。在最近协议向“权益证明”(PoS)交易验证机制完成过渡时,争议只会更甚。

核心体现在 ETH 是商品还是证券。美国证券交易委员会 (SEC) 主席 Gary Gensler 在“合并”之后第一个谈到这一点。

因此,他的主要立场归结为根据豪威测试(Howey test),大多数加密代币都可以作为证券”这一事实。根据该测试,如果“对普通企业进行货币投资,并合理预期从其他参与者的活动中获利”,则确认投资合同的存在。

根据 Gary Gensler 的说法,在切换到 POS 之后,以太坊开始更加体现出证券的性质,因为“代币抵押与借贷非常相似”,而投资以太币实际上与利润预期相关联,因为所有利益相关者(“其他参与者”)的活动,允许整个验证机制存在,即使特定利益相关者的利润取决于他的特定利益。

同时,负责任的金融创新法案 (RFIA) 将大多数数字货币称为商品,其中应包括 ETH 。RFIA 为确定何时将数字资产视为商品以及何时将其视为证券提供了明确的标准。如果资产不赋予所有者公司权利,则根据投资合同发行的代币将有资格作为“辅助资产”。RFIA 将辅助资产与记录辅助资产转让协议的基础投资合同明确区分开来。事实证明,只要 ETH 赋予公司权利,包括获得股息, 那它就是一种商品。

注:2022 年 6 月 7 日,美国参议员 Cynthia Lummis (R-WY) 和 Kirsten Gillibrand (D-NY) 提出了《负责任金融创新法案》(S. 4356 - the Responsible Financial Innovation Act,简称 RFIA),旨在建立一套美国对数字资产的监管体系。这项备受期待的法案旨在解决金融监管机构对数字资产的管辖权长期存在的不确定性,澄清数字资产和去中心化自治组织(DAO)的税收问题,并对数字资产的发行者和服务提供者确立信息披露和消费者保护义务。

在 8 月初发布的参议院农业委员会最近颁布的《数字商品消费者保护法》(“法案”)中也是同样的逻辑。

该法案定义了“数字商品”,其中包括比特币和以太坊,而不包括证券在内的某些金融工具。因此,商品期货交易委员会(“CFTC”)指定其对 ETH 的管辖权,但为与证券相关的其他资产的监管留出了空间,并将受 SEC 监管。该法案将使数字资产被确定为商品的过程系统化。

该法案还授予 CFTC 对数字商品交易的专属管辖权,但卖方或消费者仅使用数字商品购买或出售商品或服务的交易除外。

正如我们所看到的,对 ETH 的监管有不同方式。在我看来,方式的不同是由于 ETH 性质的特殊性:

1. 在质押的情况下,我们谈论的是通过放置代币作为验证区块链交易的机制而获得的收入。是的,它与债务证券非常相似。

2. ETH 可能是资产买卖交易的标的。在这种情况下,它是一种商品。

因此,根据已证明的以太币功能,在特定情况下将会有适用的法规。

尽管就 ETH 的法律性质引入了立法规定,但 SEC 不会放松对数字资产尤其是 ETH 的监管。

在不久的将来,当 SEC 和 CFTC 实际上将确立其对 ETH 性质表现形式的管辖权时,我们可能会见证几个公开案例。这些案件将成为未来法律的基础,这些法律只会解决既成事实。

Trending Cryptos

Related Reads

The Full Story Behind Encryption Unicorn Blockstream's Deep Entanglement in Serious Fraud Allegations

This article details allegations of serious fraud surrounding the crypto company Blockstream, founded by Bitcoin pioneer Adam Back. Investigation account NatInfoSec accuses Blockstream of raising billions through its Blockstream Mining Note (BMN) products, which offer high fixed yields of up to 20% from purported mining revenue. The core allegations are: 1) Blockstream's public mining hash rate (15 EH/s) appears insufficient to cover the massive payout obligations from sold BMN notes, raising questions about the true source of investor payouts. 2) Key executive Christopher William Cook, central to the mining operations, has a prior federal conviction for mail fraud, a fact not disclosed to investors. Cook's background and lavish lifestyle are highlighted as red flags. 3) The structure allows payouts from any source of BTC, not necessarily mining revenue, which critics argue gives it Ponzi-like characteristics. The controversy also touches on Bitcoin Standard Treasury Company (BSTR), a related entity planning a SPAC上市. Critics question whether BMN's liabilities and Cook's record should be disclosed in BSTR's filings. BitMEX Research offered a tempered analysis, confirming Cook's criminal record is likely true and the high yields concerning, but found other claims like insufficient抵押证据 less substantiated. Community debate centers on the need for verifiable proof of Blockstream's mining output and revenue. The article concludes that while fraud is not proven, BMN presents significant, unresolved questions regarding its actual scale, the source of its high fixed returns, the verifiability of its mining operations and payouts, and the full disclosure of associated risks and personnel backgrounds. Blockstream has not yet issued a formal response.

链捕手57m ago

The Full Story Behind Encryption Unicorn Blockstream's Deep Entanglement in Serious Fraud Allegations

链捕手57m ago

a16z: In the AI Era, Company Competition for Talent Starts with Job Title Naming

The article discusses how companies in the AI era are competing for talent through strategic "title arbitrage," or the renaming of key roles to reflect and attract new, high-value capabilities. It uses Palantir's creation of the "Forward-Deployed Engineer" (FDE) as a prime example. This title reframed client-facing technical work from a peripheral "implementation" role into a core, high-status engineering function. The move was strategic, allowing Palantir to attract talent that blended technical skill with business acumen and to dominate the market's perception of this capability. The piece argues that job titles are an organizational language that signals the value and authority of certain work. Effective new titles, like "Data Scientist" or "Site Reliability Engineer," emerge when a role's strategic importance genuinely outgrows its old name. Conversely, mere title inflation without substantive change is ineffective. For AI companies, particularly in B2B, this is a crucial strategy. AI transformation creates new high-leverage roles (e.g., "Legal Engineer," "GTM Engineer") that combine domain expertise with technical automation. By naming these roles, a company can help clients internally legitimize these change-makers. This, in turn, builds market mindshare, associating the company with the new capability. In conclusion, as AI blurs the lines between product and service, the ability to accurately name and organize the critical, client-adjacent work that defines product learning will be a key competitive advantage. The first to define this new organizational language plants a flag in the market's mind.

marsbit2h ago

a16z: In the AI Era, Company Competition for Talent Starts with Job Title Naming

marsbit2h ago

Trading

Spot
Futures

Hot Articles

What is $BITCOIN

DIGITAL GOLD ($BITCOIN): A Comprehensive Analysis Introduction to DIGITAL GOLD ($BITCOIN) DIGITAL GOLD ($BITCOIN) is a blockchain-based project operating on the Solana network, which aims to combine the characteristics of traditional precious metals with the innovation of decentralized technologies. While it shares a name with Bitcoin, often referred to as “digital gold” due to its perception as a store of value, DIGITAL GOLD is a separate token designed to create a unique ecosystem within the Web3 landscape. Its goal is to position itself as a viable alternative digital asset, although specifics regarding its applications and functionalities are still developing. What is DIGITAL GOLD ($BITCOIN)? DIGITAL GOLD ($BITCOIN) is a cryptocurrency token explicitly designed for use on the Solana blockchain. In contrast to Bitcoin, which provides a widely recognized value storage role, this token appears to focus on broader applications and characteristics. Notable aspects include: Blockchain Infrastructure: The token is built on the Solana blockchain, known for its capacity to handle high-speed and low-cost transactions. Supply Dynamics: DIGITAL GOLD has a maximum supply capped at 100 quadrillion tokens (100P $BITCOIN), although details regarding its circulating supply are currently undisclosed. Utility: While precise functionalities are not explicitly outlined, there are indications that the token could be utilized for various applications, potentially involving decentralized applications (dApps) or asset tokenization strategies. Who is the Creator of DIGITAL GOLD ($BITCOIN)? At present, the identity of the creators and development team behind DIGITAL GOLD ($BITCOIN) remains unknown. This situation is typical among many innovative projects within the blockchain space, particularly those aligning with decentralized finance and meme coin phenomena. While such anonymity may foster a community-driven culture, it intensifies concerns about governance and accountability. Who are the Investors of DIGITAL GOLD ($BITCOIN)? The available information indicates that DIGITAL GOLD ($BITCOIN) does not have any known institutional backers or prominent venture capital investments. The project seems to operate on a peer-to-peer model focused on community support and adoption rather than traditional funding routes. Its activity and liquidity are primarily situated on decentralized exchanges (DEXs), such as PumpSwap, rather than established centralized trading platforms, further highlighting its grassroots approach. How DIGITAL GOLD ($BITCOIN) Works The operational mechanics of DIGITAL GOLD ($BITCOIN) can be elaborated on based on its blockchain design and network attributes: Consensus Mechanism: By leveraging Solana’s unique proof-of-history (PoH) combined with a proof-of-stake (PoS) model, the project ensures efficient transaction validation contributing to the network's high performance. Tokenomics: While specific deflationary mechanisms have not been extensively detailed, the vast maximum token supply implies that it may cater to microtransactions or niche use cases that are still to be defined. Interoperability: There exists the potential for integration with Solana’s broader ecosystem, including various decentralized finance (DeFi) platforms. However, the details regarding specific integrations remain unspecified. Timeline of Key Events Here is a timeline that highlights significant milestones concerning DIGITAL GOLD ($BITCOIN): 2023: The initial deployment of the token occurs on the Solana blockchain, marked by its contract address. 2024: DIGITAL GOLD gains visibility as it becomes available for trading on decentralized exchanges like PumpSwap, allowing users to trade it against SOL. 2025: The project witnesses sporadic trading activity and potential interest in community-led engagements, although no noteworthy partnerships or technical advancements have been documented as of yet. Critical Analysis Strengths Scalability: The underlying Solana infrastructure supports high transaction volumes, which could enhance the utility of $BITCOIN in various transaction scenarios. Accessibility: The potential low trading price per token could attract retail investors, facilitating wider participation due to fractional ownership opportunities. Risks Lack of Transparency: The absence of publicly known backers, developers, or an audit process may yield skepticism regarding the project's sustainability and trustworthiness. Market Volatility: The trading activity is heavily reliant on speculative behavior, which can result in significant price volatility and uncertainty for investors. Conclusion DIGITAL GOLD ($BITCOIN) emerges as an intriguing yet ambiguous project within the rapidly evolving Solana ecosystem. While it attempts to leverage the “digital gold” narrative, its departure from Bitcoin's established role as a store of value underscores the need for a clearer differentiation of its intended utility and governance structure. Future acceptance and adoption will likely depend on addressing the current opacity and defining its operational and economic strategies more explicitly. Note: This report encompasses synthesised information available as of October 2023, and developments may have transpired beyond the research period.

441 Total ViewsPublished 2025.05.13Updated 2025.05.13

What is $BITCOIN

Discussions

Welcome to the HTX Community. Here, you can stay informed about the latest platform developments and gain access to professional market insights. Users' opinions on the price of BTC (BTC) are presented below.

活动图片