[HN Gopher] SEC formally sues cryptocurrency company Ripple ___________________________________________________________________ SEC formally sues cryptocurrency company Ripple Author : coloneltcb Score : 180 points Date : 2020-12-22 20:41 UTC (2 hours ago) (HTM) web link (www.axios.com) (TXT) w3m dump (www.axios.com) | uptown wrote: | Doesn't bode well for XRP Capital: | | http://arringtonxrpcapital.com/2017/11/28/announcing-arringt... | HashBasher wrote: | Price hasn't zero'd out. Says a lot about the sophistication of | the holders. | vmception wrote: | Partially | | First a securities designation and being forced to report | financials doesn't completely destroy the transactional use | case, so thats a big misconception in the crypto world. It | would be incredibly inconvenient though and I doubt | counterparties for the few Ripple products that are powered by | XRP will ever want to hold and use XRP. | aazaa wrote: | Ironically, this could increase the exchange rate for XRP. Ripple | controls a large block of uncirculated token that it sells. With | this legal action, I suspect that supply will no longer be | entering the market. | | Unlike Bitcoin, which issues new currency units through mining, | XRP is issued by Ripple. The case against Ripple appears to | revolve around this point: is the XRP token a security? | boh wrote: | Or XRP can just evaporate since the infrastructure required to | actually distribute it will no longer be available once the | company goes bankrupt (having to pay the various fines and | lawsuits that follow). | PragmaticPulp wrote: | Ironically, the underlying cryptocurrency infrastructure has | little to do with the exchange rates. Most traders aren't | actually moving cryptocurrency around so much as trading | numbers back in forth inside of the exchanges. I suspect that | speculators would continue to trade XRP as long as they're | allowed to do so on exchanges, but most exchanges are smart | enough to start delisting currencies when they get in trouble | like this. | | It's truly fascinating how little the underlying technology | of cryptocurrencies matters to the exchange rates and how | they're traded. | boh wrote: | Markets don't actually move the tokens from one wallet to | another, the network specific to the currency has to do | that. Since Ripple is centralized, if the company goes out | of business, the network does too. You will not be capable | of trading it at all if that happens. | nullc wrote: | There have certainly been altcoins trading where during | periods where there were literately zero reachable nodes | running on the internet for them. | | Fun fact: Ripple actually lost some of the early history of | their ledger! Everything before block 32569 was lost. | Animats wrote: | _Most traders aren 't actually moving cryptocurrency around | so much as trading numbers back in forth inside of the | exchanges._ | | Yes. That's why Coinbase got out of margin trading. They | claim the SEC made them do it. But all the SEC did was to | say that "delivery" meant delivery to the customer's | wallet, not an entry on Coinbase's books. Coinbase was | willing to exit margin trading rather than actually pay | out. | johntb86 wrote: | In the future they could turn into something like Rai | stones, where it's impractical to move them but people | still trade ownership anyway. | spottybanana wrote: | XRP is a security, so is Ethereum, as both have been issued to | collect initial funding. Bitcoin is not a security because it | hasn't been issued to collect funding. | | To me the distinction is very clear and simple. However if I | really needed money I still would probably issue an ICO and | claim it is not a security because there is a big possibility | that it will go unnoticed as SEC goes only after the bigger | fish. | agency wrote: | The SEC disagrees re: Ether | | https://www.axios.com/sec-official-ether-is-not-a- | security-9... | polyomino wrote: | Ethereum does not follow the SEC's definition of | "decentralized": If the network on which | the token or coin is to function is sufficiently | decentralized - where purchasers would no longer reasonably | expect a person or group to carry out essential managerial | or entrepreneurial efforts - the assets may not represent | an investment contract. | | https://www.sec.gov/news/speech/speech-hinman-061418 | | However, in Ethereum's case, it is designed to literally | implode due to ice age if Vitalik doesn't intervene. The | SEC was probably not cognizant of this fact when they made | their statement. | | https://ethgasstation.info/blog/what-is-ethereums-ice-age/ | bhaak wrote: | The existence of Ethereum Classic disproves your | assumptions of Vitalik's unlimited power over the course | of the development of Ethereum. | polyomino wrote: | the existence of Ethereum classic doesn't affect the | governance of Ethereum in the same way that stellar does | not make a difference to the governance of ripple. | bhaak wrote: | Stellar is more like LTC as McCaleb took Ripple's code | and forked it. | | But Ethereum Classic and Ethereum share a common | blockchain history and it proves that the community | doesn't always follow blindly the proposals of the | Ethereum devs. | | That event (a part of the community splitting of on a | hardfork and forming Ethereum Classic) has affected the | governance of Ethereum ever since. Not directly, but | indirectly. | | Every hardfork is now checked for contentious changes | very thoroughly. The last major change that didn't make | it because of that was the proposed change to the mining | algorithm (granted, ProgPOW had other problems as well). | bhaak wrote: | Jed McCaleb, one of the founders of what would become Ripple, | has still a few billions XRP left | (https://cointelegraph.com/news/ripple-co-founder-jed- | mccaleb...) and he is selling as fast as he is allowed to | (http://jedmccaleb.com/blog/my-settlement-victory-with- | ripple...). | vmception wrote: | Thats a good point, if demand remains the same. | | But otherwise this document spells out everything that | Ripple/XRP critics have been trying to drill into XRP Army | conscripts for half a decade. | | That Ripple is in the business of selling XRP and uses | ambiguity between the context of "ripple" and deflection to say | there are third parties using enough XRP to make it scarce in | the future. When this was never happening, and to this day is | not happening. | | The complaint mentions a third party that paid to get XRP this | year to use a Ripple Labs product. They bought the XRP from | Ripple to the tune of $70mm and immediately sold it on the | public markets. | | I think the illusion is shattered with this complaint. But XRP | should be able to retain its transfer usage, just back at 2013 | price levels. | ehmmmmmmmm wrote: | That would be kind of cool in a sense, because it would do | exactly the opposite of what the SEC would want. The SEC may | then start to realize that they don't have the power to control | the crypto market, and that it's going to blow up on them every | time they try to attack. The higher price could also be used to | fund better lawyers and lobbying against the SEC. | | Not necessarily in support of Ripple specifically, but I do | think having something that can actually challenge the SEC and | reduce them to tears is a good thing. There are lots of things | about the capital economy that could use change. | ArtWomb wrote: | For an illiquid commodity like gold, I could see this being | true. But in the crypto markets, participants have plenty of | other choices. More likely is the "fire sale" scenario that was | so wonderfully depicted in the film "Margin Call". Early | investors are willing to unload at pennies on the dollar just | to survive another day ;) | | Looks like CrossTower has already de-listed XRP from its | exchange. Incredible how fast information gets digested in | crypto markets! | | https://thecryptoreport.com/an-sec-victory-in-ripple-case-wo... | Scoundreller wrote: | XRP holders: So, what you're telling me, is that the music is | about to stop, and we're going to be left holding the biggest | bag of odorous excrement ever assembled in the history of | capitalism. | | You: I'm not sure that I would put it that way, but let me | clarify using your analogy. What this model shows is the | music, so to speak, just slowing. If the music were to stop, | as you put it, then this model wouldn't even be close to that | scenario. It would be considerably worse. | jeffbee wrote: | Gold futures are very liquid. They are as liquid as stocks. | Any commodity future is much more liquid than any crypto. | PragmaticPulp wrote: | If history is any indicator, the fundamentals don't actually | matter. | | The only things that matter are hype, and people buying/selling | according to what people _think_ other people are going to do. | | Nearly every crypto-related story comes with narratives that | it's good for the exchange rate for various reasons, but | ultimately the price goes up (temporarily) because people | expect other people to expect the price to go up and want to | get ahead of it. | dheera wrote: | Yes, so much this. Fundamentals never mattered in crypto. | | The true winners of crypto will be the ones who can come up | with better models of human nature and hype, and all the | factors at play, and leverage that to their success, just | like the true winners at casinos are those who can learn to | count cards, except with crypto they won't be able to kick | you out. | | It's also a market where market manipulation and insider | trading is fair game, and that needs to be modelled in as | well. | | It's an interesting time we live in, and it's an interesting | anarchic economy with its own interesting set of problems to | solve. | WJW wrote: | In the short term, the market is a voting machine. In the | long term, it is a weighing machine. If there is "real" value | there it will be reflected in the price and if there is not, | that will be reflected in the price as well. | | The problem is that humans are impatient and even "short | term" may be a couple of decades before it all shakes out. | drcode wrote: | I still think there's a pretty clear correlation between | technical innovation of cryptocurrencies and their market | cap, even though there are certainly exceptions to this rule | (ripple being the prime exemplar) | Causality1 wrote: | XRP has the highest market cap? I think I've seen more places | that take Dogecoin then take XRP. | pluc wrote: | It says third highest in the third sentence of article. | qes wrote: | Market cap doesn't mean much at all in crypto. XRP's is high | because the circulating supply is 45 billion XRP - 2500 times | more than BTC, 400 times more than ETH, etc. | | I could create a blockchain and issue a quintillion coins and | if I manage to get it listed and sell some for a fraction of a | penny it'll have a bigger market cap than the rest of crypto | combined. | ur-whale wrote: | Ripple is everything you _don 't_ want in a cryptocurrency: | - centralized (as witnessed by the fact that the SEC has an | actual target to go after) - "pre-mined" (initial Ripple | crowd gave themselves everything and once in a while toss a | handful of XRP to the plebs) - controlled by scammers | | I'm very glad the ecosystem is doing what it's supposed to: | weeding out the weak and ill-formed. | eMGm4D0zgUAVXc7 wrote: | You summarized this very well! | | A lot of post-Bitcoin "cryptocurrencies" are nothing but a | cargo cult: https://www.youtube.com/watch?v=qmlYe2KS0-Y | morelisp wrote: | Your comment has an off-by-one error. | heavyset_go wrote: | Is there an example of a cryptocurrency company that _isn 't_ | centralized? | | You need to use centralized exchanges in order to buy in or | cash out. Even small entities trading on platforms like | LocalBitcoins need to adhere to KYC laws. | | If you were to use cryptocurrency as actual money, I can't see | it being cost effective, legal or convenient to only trade with | fly-by-night currency exchangers in South America in order to | buy and sell cryptocurrency "anonymously". | dannyw wrote: | Bitcoin has centralized exchange _s_ , but no centralized | organization or _exchange_. | heavyset_go wrote: | Bitcoin isn't a company, though. | [deleted] | ogogmad wrote: | I once bought BTC from an ATM. Paid cash. Absolutely no KYC. | heavyset_go wrote: | Those have cameras and if you look into darknet busts, a | lot of people were de-anonymized through Bitcoin ATMs. | lbarrow wrote: | The US Securities and Exchange Commission is the crypto | "ecosystem"? | tw25510979 wrote: | If I understand the GP's point correctly, the SEC would be | helping to keep the weak and ill-informed around. | huntermeyer wrote: | What does GP mean? | zenexer wrote: | All of the bullets in your comment explain why Ripple is bad, | and you've somehow twisted that logic into justifying that it's | good with your last sentence. It's elitist at best, outright | evil at worst. I'm not really sure what goal it serves. | | If your point is that we should just "take all the warning | labels off of everything and let the situation resolve itself," | no thanks. I don't have the time to research the exact origin | of everything I put in my mouth. I have to trust that when I | buy food, someone out there has at least made an attempt to | minimize the chances that it contains loads of mercury. | | Are you running extensive tests on everything you eat and | drink? The air you breathe? Sure, companies might not want to | ruin their reputation by selling such goods, but, then again, | we have Ripple. So which is it? | | Or maybe I just need to be more selective about which companies | I choose, right? Despite seeing exit scam after exit scam, | incompetent blunder after blunder, that will surely protect me | better than the SEC et al doing their damn jobs. | | No. I want oversight. Sure, that doesn't mean I can let my | guard down; I still have to be selective. But at least there's | a pretty low chance that the brand-name toothpaste I use | tonight--or the <insert snake oil here> I use instead--is | slowly killing me. | Isamu wrote: | Pretty sure the last sentence was a joke. I know with | cryptocurrency it is pretty hard to tell. | drchopchop wrote: | ... but it didn't. The SEC did. XRP has a $40B "market cap", | which sums up the crypto mentality in general. | rhacker wrote: | Meh, I don't really get why people think "market cap" is the | total valuation of something. If I sold Bob a billion XRP for | 1 penny, then I sold Tim 1 XRP for $40, then told Bob not to | sell, and Tim can sell his for $40 (because he wants to at | least get that much back), then XRP's "market cap" is worth | $40 Billion, but in reality it's probably worth $40. | | I get that there is a lot more money in it than that, but | let's be honest about something, if half the people sold | Bitcoin tonight - they HAVE to get out today, it's "market | cap" would likely go from nearly half-trillion to probably | $300M overnight. Even though technically it should only cut | in half right? | arcticbull wrote: | There's no such thing as market cap for a currency, but | nobody knows what on earth a crypto unit is supposed to be, | do or mean, so it gets weird little slices of each finance | category. | LudwigNagasena wrote: | This applies to every market cap? If every Apple stock | holder would try to sell it today, the market cap would | plummet. | whatshisface wrote: | > _If every Apple stock holder would try to sell it | today, the market cap would plummet._ | | This is often repeated but not necessarily true. I don't | own a particularly large amount of Apple stock, but if | the price dropped even a little bit, and if I knew the | drop was due to nothing more than this weird thing where | everyone was selling for some reason, I might decide to | own more. If aliens sent out a mind control signal that | caused every Apple shareholder to start selling, the | buyers (whoever they were, maybe the aliens? ;) ) would | compete with each other to buy. | | To give you a concrete example, let's say I am the only | owner in the world of a flying car. One day, I decide to | sell it. 100% of the owners of flying cars have decided | to sell, but the price would clearly not drop to zero! | The idea that everyone selling implies the price will | drop to zero applies to pure Keynesian beauty contests | where 100% of the value is in owning something perceived | to be valuable. For currencies that is completely true, | but for companies that is less true. | boh wrote: | > This is often repeated but not necessarily true. | | This is always true. It doesn't have to go to zero to | qualify as plummeting. | GoblinSlayer wrote: | Nocoiners will blame technology for this. | pluc wrote: | It doesn't matter how good the technology is if it's controlled | by scammers. | risho wrote: | who cares what nocoiners think? bitcoin used to be considered a | ponzi scheme for terrorists and criminals. short term sentiment | doesn't really matter. in the long run the actual technology | will speak for itself whether that be good or bad. | fabianhjr wrote: | Dupe: https://news.ycombinator.com/item?id=25510945 | davidwparker wrote: | Recent discussion: https://news.ycombinator.com/item?id=25502764 | cwkoss wrote: | Been following cryptocurrency for almost a decade now. I would | generalize that XRP is an asset that is primarily purchased by | speculators with sour grapes that they missed <$1 Bitcoins, and | hope to see the same sort of returns despite the significant | differences in technology and organizational structure. | | I don't feel like there is much 'smart money' investing in XRP, | so I think increased regulatory oversight is probably beneficial | here. | risho wrote: | good. i'm amazed this didn't happen sooner. i have no idea how | they can call eos and the dao a security offering and not xrp. | xrp is one of the most obvious securities ever created. | Melting_Harps wrote: | No surprise, Stellar was a pre-mined shix-coin, you have no idea | how hard it was for me (Bitcoiner) at IBM listening to those | imbeciles go on and on about the 'panacea' they were going to | build with solidity (the worst most convoluted language I've ever | encountered), hyperledger patchwork solutions and operating on | ripple and stellar [0]. | | Those guys seriously had no idea what they were talking about 95% | of the time, and despite being being one of the few that had both | a Consultant with (at the time 8 years in Crytocurrency) and | Developer roles prior to having my own fintech startup in Bitcoin | for 4 years before that I was always the 'debbie downer' when I | tried to explain the limitations of this technology and brought | people back to Earth. Especially at the time as we were dealing | with the war leading up to Segwit and Bcash hardfork and barely | starting to make inroads with Lightning Network proofs of concept | in the Bitcoin community. I'm glad I left when I did, but IBM had | everything going for it in that space and despite that they still | managed to cock things up because they're too blinded by their | old contracting business model instead of actual innovation. They | lost their vision a long time ago, and subsisting on Government | and Military contracts is what probably made them this | complacent. | | In short, now after ~10 years in Crypto you'd be an idiot to deal | with xrp and I don't feel bad for anyone that gets burned; I'd | prefer it died without with no State intervention, but as some of | you may know we've dealt with a lot of that in Bitcoin and only | came out stronger while this may kill this project entirely. Just | keep that in mind when you see why Bitcoin keeps defying every | possible analyzer's projections and why even its main detractors | (JP Morgan et al) have had to eat their weight in crow and are | trying to get in after having ruined the banking Industry yet | again with their largess and corrupt business model. | | 0: https://thexrpdaily.com/2019/01/27/stellar-partner-ibm- | confi... | LittlePeter wrote: | > Bitcoin keeps defying every possible analyzer's projections | | It does not. Several people claimed Bitcoin would be in the | $100K-$1,000K range by now. | cblconfederate wrote: | Stellar is being sued too? | paulryanrogers wrote: | Bitcoin still has serious environmental costs regardless of its | use case. (Which for a currency the 7 TPS cap makes it a joke | and as an asset has crazy volatility.) | geraldbauer wrote: | FYI: I collect a best of crypto quotes over at open blockchains, | see https://github.com/openblockchains/crypto-quotes | | To quote Nouriel Roubini, Economist: | | No use ever, past, present and future for XRP and Ripple | products... it is already flopping after spending a fortune and | printing a huge amount of totally useless XRP. (Now the XRP army | of Twitter trolls, bots, hired guns and zealots will attack | again...) | vrperson wrote: | OK, but you can find such quotes for everything. "We estimate | the global demand to be about 3 computers" "nobody will need | more than 16KB of memory" and so on. | | (I'm not a fan of XRP, anyways) | ogogmad wrote: | I've just read the Wikipedia page on Ripple. Can somebody explain | in clear terms what the point of XRP is supposed to be? | | Is it supposed to be a faster Bitcoin? Is it supposed to be a | less Chinese-controlled (supposedly) cryptocurrency than Bitcoin? | | Let's for the sake of discussion give them the benefit of the | doubt. | ur-whale wrote: | Ripple is centralized. It's basically another PayPal. | ogogmad wrote: | OK, but I'm asking why they need a cryptocurrency. Paypal | certainly doesn't need one. | eli wrote: | Why does anyone start a cryptocurrency? To get rich, of | course | mtnGoat wrote: | this is probably the best answer OP is going to get. | | i doubt there was much logic applied, past the idea of | getting rich, to the few thousand crypto currencies that | were born in the last decade. | contingencies wrote: | Other comments are incorrect. | | As I recall Ripple was _originally_ a network-of-issuers for | multiple issuer-specific tokens model, it wasn 't supposed to | be a single-issuer/single-token. The XRP token itself was never | intended to be the asset, it was only a cost-token that fuelled | the exchange of other issuers' tokens, similar to offline | community exchange systems (CES). Ripple the _company_ post- | dates Ripple the _project_ , which AFAIK was originally solidly | non-commercial in motivation. I was part of the early | commercialization of Ripple sort of by proxy while building | Kraken, although I was opposed to the move. Aside from the | money people, there were some good engineers involved with the | right intentions, drawing from solid experience and with an | awareness of CES and attempts at networking thereof. | | The whole central banking thing was a post-facto marketing push | as crypto went mainstream AFAIK. I believe some of the people | changed at some point, but I didn't have time to focus on | Ripple and never met them. I believe the Ripple narrative | mirrors my overall experience with crypto: nice technical ideas | by people with positive social visions, suddenly people get | paid to do it, utopian visions rapidly replaced with money | people, regulatory ingress effectively destroys the USP, whole | thing turns in to a scam, regulations become warped in to a | system of protectionism and government effectively in cahoots | with the dominant players. A real education in human behavior. | PragmaticPulp wrote: | The SEC is clearly suing Ripple _the company_ here. | | It's true that Ripple was something else before the Ripple | company showed up, but that's largely irrelevant. The second | half of your comment doesn't really contradict anything else | here. Specifically: | | > whole thing turns in to a scam | | Is perhaps the most concise summary. | | Not really helpful to try to bring up what Ripple was before | it turned into the thing that made it popular with | cryptocurrency enthusiasts and, eventually, the SEC. | momothereal wrote: | My understanding: Ripple is a company that aims to build a | faster bank transfer protocol (faster than SWIFT, for example). | | To achieve that speed, banks transfer a digital currency (XRP) | issued by Ripple instead of traditional currencies. It takes a | few seconds for XRP transactions to settle, instead of days for | traditional currencies via SWIFT. | | The value of this currency is decentralized, in the sense that | people trade it with other currencies (which is also how | Bitcoin, Ethereum etc. are valued). | | In the eyes of the SEC, the fact that XRP is directly issued by | Ripple makes it similar to issuing shares. Even if Ripple | doesn't control the value of the shares (XRP), they still | manage the supply. | JumpCrisscross wrote: | > _It takes a few seconds for XRP transactions to settle, | instead of days for traditional currencies via SWIFT_ | | Just want to note that interbank transfers via Fedwire are | (a) close to free and (b) instantaneous. | momothereal wrote: | Fedwire is instantaneous for US domestic transfers, whereas | international Fedwire transfers to non-Fedwire banks still | rely on SWIFT as far as I know. The Ripple company offers | solutions to replace SWIFT using XRP as the exchange | currency. | JumpCrisscross wrote: | > _international Fedwire transfers to non-Fedwire banks | still rely on SWIFT as far as I know_ | | International wires are a bit of a mess. But there are | alternatives to SWIFT. | | Also, SWIFT is just a messaging protocol. The actual | settlement is handled separately. This was Ripple's | original pitch, but it changed along the way. | echelon wrote: | This sounds exactly like Facebook / Mark Zuckerberg's Libra | cryptocurrency. | TacoToni wrote: | Which has now been rebranded to Diem. | momothereal wrote: | The currencies (Diem and XRP) would be similar in nature, | since they're not mined but centrally issued, and their | value is determined by a combination of factors (the | issuance, decay, and trading). | | As far as I know Libra/Diem is more customer-facing, | whereas Ripple is mostly marketed to banks for faster | international transfers. | 1f60c wrote: | And Diem is/will be a stablecoin backed by USD (I think?) | PragmaticPulp wrote: | The narrative was that Ripple was going to become _the_ | protocol used by banks to transfer money around, especially | across borders. | | The pitch was that Ripple, the company, was going to sell XRP, | the cryptocurrency, to the general public in order to fund all | of their growth. Then, when banks ostensibly adopted XRP for | their banking needs, the banks would be forced to pay | exorbitant amounts of money to buy the artificially-scarce XRP | from all of the speculators who got in early. | | Everyone conveniently ignored the fact that large banks are not | dumb, and they had no real reason to use a currency literally | invented out of thin air to power their transactions. If banks | really wanted to use cryptocurrency to trade among themselves, | they'd obviously just roll their own cryptocurrency. Or they'd | just copy-paste the permissively licensed Ripple code and call | it something like BankCoin. No one could ever give me a good | reason why banks would have no choice but to buy up arbitrary | XRP from general public speculators. | shrimpx wrote: | Can someone clarify why XRP is considered a security by the SEC | but bitcoin and ethereum are not? Is it something intrinsic in | the tech, or is it just that XRP is "managed" by Ripple, a | company, whereas BTC/ETH are not? | __s wrote: | https://news.ycombinator.com/item?id=25511198 | | > Unlike Bitcoin, which issues new currency units through | mining, XRP is issued by Ripple | | Nobody can "print money" with bitcoin. That isn't the case with | Ripple | ur-whale wrote: | Also: who would the SEC sue in the case of Bitcoin? | xalava wrote: | This has been clarified in prior statements: | | The SEC does not considers Bitcoin a security, as it's | "decentralised enough". Nobody is running Bitcoin alone, | selling them alone... | | The Ethereum sale was probably a security offering, but it is | now "decentralised enough" too for the same reasons. ___________________________________________________________________ (page generated 2020-12-22 23:00 UTC)