WEBVTT

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People who are already criminals and they're
engaged with so like a good example of

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that is the SEC had a lot
of meetings with SBF and yeah, he

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does belong in jail. So if
that's your reference frame for CEOs, then

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of course, if the only people
you're talking to are criminals, you think

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everybody is a criminal. The other
group of people is trad fi skeptics who

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quite frankly hate blockchain right because they
don't have a problem talking to the SEC.

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They do want to destroy the space, And so where you end up

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there is an SEC that can't get
good information, can't talk to constructive actors,

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and can't really find a way to
operate because they themselves poisoned. Well.

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So when I saw those comments from
Gary to me, that is just

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a statement of how the pathway chosen
by the SEC and their policies has been

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Welcome to the Thinking Crypto Podcast.
I'm your host Tony Edward and with

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me today is Austin Campbell, who's
the founder and managing partner at Zero Knowledge

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Consulting and an adjunct professor at Columbia
Business School. Austin. Great to have

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you on, Thank you, Tony. Happy to be here again, Austin.

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Lots of talk about whatever at Dell
Day. In crypto and of course

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on the legislation regulation law side,
there's a ton of things happening. Let's

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start with the SEC's partial approval of
the etheromyts. This looks like it's going

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all the way. A lot of
people are expecting an approval maybe in early

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July, but part of leading up
to that was the SEC dropping their investigation

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against Etheroreum and consensus. It's a
mess. Genser refuses to even say before

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the Senate or Congress that if etherrem
is a commodity or not, what are

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your thoughts on all these things?
Yeah, So I wouldn't read too much

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into the closing of that investigation because
at the closure they basically said that the

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staff recommended not proceeding with any sort
of enforcement actions at the current point in

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time. So one of the things
to remember is that investigation being closed does

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not mean permanently eth is off the
hook for all reasons forever, like if

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other actions are taken, if things
change, if they change their mind on

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theories, it could be reopened.
I would say the bigger point on that

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one that makes it harder to backtrack, or at least backtrack significantly, is

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the ETF approvals. Right if you
have live ETFs on ethereum trading with investors

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in those Given that part of the
SEC's mission is investor protection, they're going

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to need to proceed a little bit
more carefully because spiking the football on current

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investors and their own decision making process
is a lot more egg on their face

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than just closing an investigation and then
opening it again a year later. Do

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you think the approval of the ethfs
was maybe fifty percent political pressure Donald Trump

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and even the Democrats turning on Gainser
and Elizabeth Warren, and also the threat

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of lawsuits. Grayscale was able to
defeat the SEC over the big twin ETF.

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I can't imagine what Blackrocket Fidelity would
have done to the SEC. Yeah,

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I mean to be honest, like, when you're looking these sorts of

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things from the outside, the usual
answer is it's likely a mix of all

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of these things, and in kind
of nonlinear ways, certainly political pressure plays

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at least some part in what's going
on, Because the SEC's actions towards crypto

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have been pretty nakedly political. If
we're being honest, there are other things

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they could have and probably should have
been focused on, even within the crypto

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space, as opposed to what they
were much less in other spaces. So

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I come from the position that some
of their work is clearly political in the

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first place. The second part,
though, on the lawsuit part, and

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this is important, you already lost
on the bitcoin ETFs, and some federal

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judges said some pretty harsh things with
regard to the SEC, calling them arbitrary

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and capricious and questioning their exercise of
authority. If after that happens, you

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essentially give the double middle finger to
some federal judges and do the exact same

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thing on the exact same fact pattern
again that when you're starting to sail into

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very dangerous territory as a regulator,
that's how you end up getting sagtioned,

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as they did in the debt box
case. That's how you end up having

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Scotus take a look at you and
be like, ah, maybe we shouldn't

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be giving these guys deference, like
litigate everything they don't get essentially even one

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degree of deference from the courts and
so on and so forth. That could

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make the SEC's life really hard.
And I'm sure there are staff who looked

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at that. We're probably recommending we
should probably just approve these because if we

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don't and we get sued and we
lose spectacularly, there's a huge amount of

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doubts. Oh yeah, And there's
so many eyeballs on this now because of

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that political aspect. You know,
they've made this political. It's not just

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the industry looking at it, it's
members of Congress and other folks in other

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industries looking at this like what is
the SEC doing here? So they've kind

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of put the spotlight on themselves,
and I'm kind of curious, why do

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you think they launched some sort of
investigation in the first place. They approved

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the Etheroreum futures last year and they
engaged with the filers, but then all

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of a sudden, we're launching an
investigation into who what's the point of that?

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So that's the hard part about federal
investigations. A lot of the times

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when they start them, they're not
going to tell you why, and to

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be fair, nor should that,
because if somebody had done something actually criminal,

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you don't want to tip them off
as to what you're looking for to

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give them avenues to try to do
things like destroy evidence or high facts,

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you know, all of those sorts
of things. But the fact that they

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closed it and haven't really given a
complete accounting means, to be honest,

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we'll just never know, and it
could be anywhere from this was nakedly political.

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They were looking for ways state or
fear with things if they could have

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gotten away with it, to something
much more specific and granular, like we

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think this one person made false statements
and manipulated the market or something like that.

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So there are many layers to that, and from the outside, I

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would say, we really don't know
right now, and I would caution people

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like on that front, I would
be patient, do you think and this

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could be or this may change as
a result of against her being gone,

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a new president potentially in place that
the SEC may come back years later and

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say, you know what, we
got it wrong with regards to the theorem.

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We're going to follow another law suit
to your point earlier. It kind

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of leaves a door open date they
could do that. I mean, this

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is one of the problems of federal
regulatory authorities and agency deference in general.

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Right, Like anybody who thinks that
this is a problem unique to crypto has

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not been paying attention to administrative law
written large right Like this happens with the

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banking regulators, this happens with the
FTC, this happens with some of the

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environmental agencies. Like these sorts of
issues that we have where an agency will

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have one political party in charge and
make one opinion, and then another political

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party in charge and change its mind
produces a lot of inconsistency for American companies

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and consumers in general, and I
would say that problem, essentially, what

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you've raised here is much larger than
just the SEC. Now. This week,

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sure Gencer was interviewed by Bloomberg and
made some pretty scathing remarks about crypto

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CEOs. They're all going to jail
and all kinds of things. I mean,

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it's pathetic. What are your thoughts
on what do you have to say?

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I would say in many ways,
that to me is more revealing of

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Gensler and how bad the SEC's relationship
with the industry is than the industry itself,

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because if you look at the history
of the SEC, they had told

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people earlier on, come in and
talk to us, and as a result

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of that, we'll listen to you
and try to make rules. And what

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they actually did was come in and
talk to us and will immediately start an

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investigation into you with the facts you
gave us to try to fight with you.

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Almost every single competent lawyer that I
know who works with crypto companies,

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advises their clients, no matter how
clean they are, never ever ever talk

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to the SEC. Voluntarily, make
them show up with speanut, meet them

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in court. Do not disclose anything
you do not have to. They are

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bad people trying to build a case
against you. There is no productive pathway.

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That is the pretty generic legal advice
people are getting. And what this

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means is that the SEC can only
talk to two kinds of people now.

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One people who are already criminals and
they're engaged with so like a good example

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of that is the SEC had a
lot of meetings with SBF and yeah,

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he does belong in jail. So
if that's your reference frame for CEOs,

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then of course, if the only
people you're talking to are criminals, you

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think everybody is a criminal. The
other group of people is trad fise skeptics

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who quite frankly hate blockchain right because
they don't have a problem talking to the

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SEC. They do want to destroy
the space. And so where you end

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up there is an SEC can't get
good information, can't talk to constructive actors,

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and can't really find a way to
operate because they themselves poisoned the well.

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So when I saw those comments from
Gary, to me, that is

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just a statement of how the pathway
chosen by the SEC and their policies has

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been incredibly destructive really to everybody.
The SEC. Yeah, and you know,

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it's kind of ironic that the SEC
reports that we heard was trying to

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work some special broker deal license deal
with SBF and FTX where they would have

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had I think some sort of monopoly
monopoly, excuse me, And yet they

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didn't do their due diligence. SBF
was scamming people and doing all kinds of

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fraud, right, And then I
saw, you know, Chair Patrick McHenry

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had threatened Gary against and the SEC
for not handing over the communications, and

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so I don't think they have yet, but he threatened a subpoena subpoenas I

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think it is to get that information
that has seemed to fall on the wayside.

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But I wish someone would fallow up
on that, you know, we

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would see what was taking place between
SBF and Gensler. So one thing I

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would say is I'm always a little
bit skeptical of any idea of like,

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oh they're going to hand him a
monopoly to a specific company or things like

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that. A lot of that probably
leaves the realm of there was a kernel

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of truth, and you know,
gets into sort of crypto Twitter's favorite thing

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to do, which is conspiracy theories. With that said, clearly they were

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talking to SBF, and they were
taking him seriously. Now that does represent

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probably at least some degree of poor
judgment if you were primarily talking to him

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the other part, I would say, I'm like Congress and the House and

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activities around that is, I would
wait until after the election. I would

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expect if the Republicans win, there
may be significantly more investigations with way more

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muscle behind them into the sec.
People always ask the House, why haven't

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you done more? And the answer
is, well, the entity that should

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really be investigating this is the DJAG
and that is currently controlled by the Biden

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administration. So let's wait and see
what happens this year and come back to

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that point. That's a great point. I didn't think of that that they

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would have, like you said,
more political muscles to go after Againstter and

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do more investigations because right now it's
probably gonna get blocked by Gainster's Democrat friends

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pretty much. Now, speaking of
Democrats and Republicans, Crypto has become this

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political force. I mean, it's
amazing. There's like there's complete one to

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eighty. A few months back,
many Democrats joining their Republican colleagues across the

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al to pass the FIT twenty one
bill. Out of the House repeal SAB

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one to one in the House and
the Senate. What are your thoughts on

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this? And is it because of
Donald Trump's stance? All right, so

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this is a complicated topic, so
I'm going to try to answerain pieces so

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we can discuss each one. Let's
start with SAB one twenty So that's staff

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accounting bulletin one twenty one that came
from the SEC. And it is a

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ruling, to simplify this for the
audience, that basically bans regulated American companies

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from doing crypto customing. It's not
an explicit ban, but what it does

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is makes it both uneconomic and likely
damaging to the consumer to do it the

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way they've said to do it,
so you can think of it as a

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de facto ban on the thing.
Right. As a result, a lot

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of people do not like and do
not think that rule is like well founded,

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and both the House and the Senate
voted to repeal it. The important

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thing to remember is that the House
vote went through with twenty ish Democrats involved,

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and they were largely the people who
have been skeptics of the Biden administration

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stance on crypto to begin with.
So it's people like the Richie torres Is,

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the Wiley Nichols of the world,
who have been some of the most

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informed people of in Congress on this
issue, have thus been willing to buff

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the administration because they understand the implications
of what is happening. However, I

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would not take a lot of information
from the Democrats who it in favor of

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the repeal from the Senate, and
the reason for that is that they already

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knew it was going to be vetoed
and that there were not enough votes to

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override the veto when that vote happened. That makes it very easy for somebody

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like John Tester and Montana who's been
an arch cryptoskeptic for a long time to

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pander to the industry by voting to
repeal. And I put voting in air

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quotes there because he knows there's no
way it's actually getting refuted. So in

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many ways, I would advise people, if you're trying to understand the stance

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of people on crypto, just completely
ignore the SAB one twenty one vote in

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the Senate. It had no informational
value because the outcome was predetermined. Now

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fit twenty one is a little bit
different of an animal lobbing something over with

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seventy plus Democratic votes to the Senate
is more of a statement that seems to

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me like the younger members of the
House, because again, if you look

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at who voted for it, like, it's not one to one, but

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there's strong correlation between Democrats not struggling
with email and understanding technology and voting for

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Fit twenty one right, Whereas if
you look at the people who are against

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it, they are largely geriatric,
and so that many people defecting and voting

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for that and sending it to the
Senate is a clear signal that Democrats are

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starting to break with the administration on
this topic. What that means to me

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is exactly what you said, which
is that crypto entering into the political sphere

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is starting to have an impact on
how it is treated. And I'm going

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to go two different directions on that
and response to your question, so we'll

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get to Trump last, because that's
where everybody wants to talk and what we

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generate headlines. So let's do the
crypto like stance. First. Two things

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that I would tell people to keep
an eye on are fair Shake, who

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has been spending a lot of money
in races, especially primaries right now in

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order to help pro crypto candidates win. So example of their influence was they

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put a couple million dollars into the
race where Jamal Bowman, who was one

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of the loudest but least informed Crypto
skeptics, was just bounced and Latimer beat

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him in the primary. Now,
Bowman was a bad candidate to begin with,

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there were other problems with him,
but getting piled on by Crypto really

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doesn't help, and people are taking
note, well, if I oppose this,

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especially in an uninformed way, I'm
going to have a lot of problems.

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Two, you have Stand with Crypto, and what Stand with Crypto is

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doing is getting people to sign up, give out their phone numbers, give

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out their location information, so that
as elections come around, they are going

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to get prodded to go vote on
the basis of the Crypto stances of candidates.

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I would tell you in many ways, Stand with Crypto could genuinely impact

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the election, both for many of
the House seats, for some of the

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Senate seats, and for the presidency. Because if you've already got a million

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plus people signed up and they are
high in ten voters, and you get

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them to the polls and they vote
on the basis of crypto. There are

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states where House elections are like tens
to hundreds to thousands of votes, and

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you know states in the presidential election
that are ten thousand is votes. So

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stand with crypto could literally swing the
election. I would not want to be

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on the wrong side of them right
now from a crypto perspective. All right,

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So that's the ground game stuff.
Last part. Anytime Donald Trump says

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anything repeatedly, it becomes a relevant
political talking point, and that's just because

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of how pressurized the political scene is. So Trump embracing crypto forces the Democrats

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to respond. And one of the
things Trump has been good at this time

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around on a couple of issues is
finding a position where sixty plus percent of

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Americans agree with him and then embracing
it loudly and strongly. And what that

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does is it forces the Democrats to
either change their position or fight him from

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weak ground. Right, So ignoring
Trump the person that's strong political tactics.

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You want to get on the right
side of an issue and put your opponent

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on the wrong foot. So I
think the Biden administration's antipathy to crypto opened

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that door. Had they just been
neutral, that wouldn't have really been possible.

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But by being arn't skeptics, they
kind of handed the momentum to Trumpet

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boy as he seized it. Do
you think, though, I know it's

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not so much Biden, but it's
Elizabeth Warren who has power of the financial

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markets a bit. She's the one
driving a lot of this. I don't

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think it's just Elizabeth Warren like that. Again, that's sort of the classic

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oversimplification of things. So Warren is
definitely a cryptos skeptic. We all know

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that there are other crypto skeptics out
there, though, like Sharon Brown has

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not historically been a friend of crypto. John Tester, all Senate banking people,

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like on the d side, they're
powerful right now, excuse me.

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There are some people in the house, like the Brad Sherman's of the world

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have been very anti crypto for a
long time, and in the administration you

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have some people who are pretty skeptical
on the economic side. It's not just

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Elizabeth work right, and so many
of the people in that orbit who are

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call it kind of like pro mercantilism, pro state control. They are naturally

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opponents of crypto because crypto quite frankly
reduces the power of the government to explicitly

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control things at many places, and
so I think it's a more complicated coalition

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than just Elizabeth Warren. But I
think it would be fair to say that

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the Biden administration written large has been
pretty crypt like cryptoskeptical over time, though

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knock on wood. One hopes they're
maybe changing that view. Like Carroll House

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just rejoined, you know, the
government, and I think she's a more

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positive influence than many of the people
currently there. So I'm hoping that elevates

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the level of discourse and that they
add more people like her. Yeah,

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absolutely saw that note as well as
our LinkedIn posts. Now we're recording is

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on Thursday, June twenty seventh.
We got the presidential debate tonight. The

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first we were talking a bit about
it before the recording that we potentially expect

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crypto to be brought up as a
topic. If not, Donald Trump may

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try to bring it up. Yeah. I mean, again back to what

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I just said, it is good
political tactics to get on the right side

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of that issue. If you look
at support for crypto in the United States,

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groups that support crypto disproportionate compared to
their call it. Current political affiliation

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include young people who are tech savvy
or bank skeptical, and minorities who tend

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to be very bank skeptical because,
to be totally honest, they've been historically

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treated pretty poorly by some of the
financial industry as a result of that.

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If you're a Republican looking to flip
marginal voters, BOYD, wouldn't it be

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great to have an issue you're on
the right side of where people under the

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age of forty five and minorities are
like, yeah, I like what he's

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saying. So I would suspect,
you know, as politics goes, either

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there will be a question about crypto
and the debate, or if there's not,

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and you're a savvy politician, you
find a way to wedget in there

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during one of your answers to another
question, just to plant the flag.

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So I would say my expectation is
if Trump does well in the debate,

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one of the things he will have
done is found a way to introduce crypto

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in one of the answers that he
has in the debate. Now, I

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want to move ahead to there's been
some fud around tether USDT Consumer First campaign.

286
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I believe that is the name of
the agency or whatever it is,

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launch some sort of campaign here against
tether. What are you hearing and seeing

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about this? And I'm very curious
who might be funding this? Yeah,

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So one, unraveling political funding is
always a difficult thing. But if you

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think about who those kinds of campaigns
are funded by, in general, there's

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usually a coalition of two types of
people, right, which is, one

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is moralists with an axe to grind, So a lot of times it's people

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who just don't like somebody for personal
reasons or have had negative experiences with them,

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And two is hedge funds shorting things. Right, So, if you

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look at like some of the thud
around banks and where some of that apparently

296
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came from during some of the collapses, like research from hedge funds who are

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short often drives the start of some
of these campaigns. And by the way,

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that's not to say it's true,
and that's not to say it's false.

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That's just to say these are the
kinds of people you often uncover when

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you could really look under the rock, what is the substance of the claims

301
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here? I would kind of rank
it into like three different sort of sets

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of things. Claim Number one,
which I am just going to say I

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am highly skeptical of, is that
Tether is somehow a Ponzi scheme and does

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not have any of the money.
That just seems unlikely. I've seeing fun

305
00:23:00.799 --> 00:23:04.359
flows in and out of Tether right
through market makers and things like that,

306
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and the many billions of dollars.
The idea that they have like none of

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the money and are just paying this
out as a literal Ponzi scheme is highly

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implausible, especially in a world where
just by holding treasuries you make five percent

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00:23:18.240 --> 00:23:22.359
on your holdings. And reminder,
Tether does not pay interest to owners of

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00:23:22.400 --> 00:23:26.440
tethers, So that means if you've
got one hundred billion of tether just by

311
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holding tea bills, you're making five
billion dollars a year to do nothing.

312
00:23:30.759 --> 00:23:33.920
Right, that's a pretty good business
if you can get it. So I

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think the fud around that is unlikely. And if it is true, then

314
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that implies that the CEO of Cantor
Fitzgerald is like on TV committing fraud.

315
00:23:44.440 --> 00:23:48.359
Yeah, because he claims to have
seen their books and like trades their stuff.

316
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But it's just implausible, Like,
is Tether perfect? Are they penny

317
00:23:52.759 --> 00:23:56.079
for penny in all circumstances with no
volatility. I have doubts about that.

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But do they have the super majority
of the money in a way that's at

319
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least somewhat sane. I think that's
nothing is ever certain, but I think

320
00:24:06.400 --> 00:24:11.240
it's close to certain. Yeah,
my gut instincts were telling me that given

321
00:24:11.279 --> 00:24:15.640
the market pullback, someone was shorting
here. And because I've seen stuff like

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this over the years. I've been
here since twenty sixteen, and these headlines

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pop up at the most opportunistic times, right when the market is maybe at

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00:24:22.839 --> 00:24:26.000
a weak point. You're looking at
the charts and it's like, wait a

325
00:24:26.039 --> 00:24:30.720
minute, why weren't you saying this? You know, when it was pumping,

326
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Well, no one would pay attention, it wouldn't have any impact.

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And then you know, these guys
come out and say these things, but

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they don't show any proof. It's
usually just a headline, sensationalized and so

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forth. I was gonna say so
to that end. Also, if you're

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a truly serious person, you're not
like renting a truck to drive this thing

331
00:24:48.920 --> 00:24:53.119
around in Times Square Like that's ridiculous. What you're doing is taking your private

332
00:24:53.160 --> 00:24:57.559
findings to the Department of Justice or
some of the regulators, right and handing

333
00:24:57.559 --> 00:25:00.279
it to the missile with sir of
course. So this to me is like,

334
00:25:00.359 --> 00:25:04.799
what do you guys do? Yeah, I was gonna say, but

335
00:25:06.279 --> 00:25:11.440
let's address the other sort of types
of their complaints here, I would say

336
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number two, And this one I
think is like at least semi plausible or

337
00:25:17.680 --> 00:25:22.799
you know, potentially at least partially
true. Is that Teather is like facilitating

338
00:25:22.319 --> 00:25:27.119
for bad actors throughout the world.
That is to say, funding like terrorists,

339
00:25:27.240 --> 00:25:33.000
funding like money laundering, you know, like purchases of fechnyl precursors,

340
00:25:33.119 --> 00:25:37.680
you know, things of that sort. Now I would tell you, do

341
00:25:37.759 --> 00:25:41.240
I think tether is like going to
these people and soliciting their business. I

342
00:25:41.359 --> 00:25:47.000
find the odds of that, whow
not zero? Nothing is ever zero?

343
00:25:47.119 --> 00:25:52.119
But WHOA. Now, do I
think they have insufficient controls or maybe turn

344
00:25:52.200 --> 00:25:55.400
a blind eye to some bad activity? That's much more likely, right,

345
00:25:55.480 --> 00:26:00.000
That is the kind of thing that
typically happens when you look at large money

346
00:26:00.119 --> 00:26:03.640
flows across the globe. And by
the way, that's also been true of

347
00:26:03.720 --> 00:26:08.319
banks like go read about the money
laundering issues at like abn Amro or City

348
00:26:08.359 --> 00:26:12.400
Bank, or HSBC like similar story. This would not be unique to tether,

349
00:26:12.920 --> 00:26:15.079
which is why I look at that
and go, well, there's at

350
00:26:15.160 --> 00:26:19.680
least some plausibility because there's a pretty
good track record from tradfi of this kind

351
00:26:19.720 --> 00:26:25.359
of exact bad behavior. Right,
And then I think case number three is

352
00:26:25.400 --> 00:26:30.119
this sort of like market manipulation of
bitcoin prices, and I think to be

353
00:26:30.319 --> 00:26:34.160
totally blunt. That rests on a
misunderstanding of how money works. Like the

354
00:26:34.240 --> 00:26:40.559
idea that people put money into tether
to buy bitcoin and that's somehow illegitimate.

355
00:26:40.680 --> 00:26:44.519
Is like saying people put money into
their bank to go buy food and that's

356
00:26:44.519 --> 00:26:48.720
somehow illegitimate. Like the way our
system works is you give cash to somebody,

357
00:26:48.759 --> 00:26:53.440
it gets transformed into a deposit,
then use that deposit for electronic payments.

358
00:26:55.119 --> 00:26:59.599
Like if your stance is doing that
is somehow blowing a bubble. Then

359
00:27:00.359 --> 00:27:03.880
let me tell you, don't start
with teather, go talk about fractional reserve

360
00:27:03.960 --> 00:27:07.400
banking in general, which is why
I say I think that to be one

361
00:27:07.519 --> 00:27:14.119
is just kind of a misunderstanding of
modern monetary systems. Absolutely well, put,

362
00:27:14.960 --> 00:27:17.200
yeah, I'm going to try to
see if you can get these people

363
00:27:17.240 --> 00:27:19.160
from consumer first on. I don't
know if they'll be willing to talk to

364
00:27:19.200 --> 00:27:23.240
me, but I'll try to get
them, I think. I honestly,

365
00:27:23.400 --> 00:27:27.359
I think it would be a worthwhile
endeavor to get people like that on because

366
00:27:27.400 --> 00:27:32.160
when you really put the questions to
them, either they're going to have granular

367
00:27:32.279 --> 00:27:36.160
answers about what they think is going
on that they can back up, or

368
00:27:36.359 --> 00:27:38.680
they're going to be revealed to kind
of be like, you know, the

369
00:27:38.799 --> 00:27:42.400
same sort of hype merchants that quite
frankly we see do a lot of pumping

370
00:27:42.440 --> 00:27:45.440
in the crypto space. This is
just the opposite of that, trying to

371
00:27:45.440 --> 00:27:49.200
get something to tell. Yeah.
Absolutely, And when I saw that billboard

372
00:27:49.200 --> 00:27:52.640
in Times Gray, I'm like,
what the hell is this? Ninety percent

373
00:27:52.680 --> 00:27:55.519
of people walking by they don't have
a clue what the hell Teather is.

374
00:27:56.000 --> 00:28:00.440
And it's just like to your point, if you had actual evidence, you

375
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would go to the authorities. I
would remind people that prior to that Tether

376
00:28:04.599 --> 00:28:11.319
billboard, probably the most famous billboard
from crypto was the terrorform Labs billboard for

377
00:28:11.400 --> 00:28:17.920
the Washington Nationals. So hysterical comments
on billboards about crypto doesn't usually put you

378
00:28:17.960 --> 00:28:22.079
in very serious company. Maybe that's
like like some sort of omen or somebody

379
00:28:22.119 --> 00:28:25.200
like you know, if I want
to take somebody down, I'll put them

380
00:28:25.200 --> 00:28:30.640
on a billboard somewhere I know.
Okay, So listen. I know of

381
00:28:30.720 --> 00:28:37.240
hedge funds who track giant buildings for
corporate headquarters and purchasing stadium naming rights as

382
00:28:37.279 --> 00:28:42.279
indicators they use to consider underweighting or
shorting things. Right, there are people

383
00:28:42.279 --> 00:28:47.519
who literally do that. Yeah,
all right, final item here, and

384
00:28:47.599 --> 00:28:52.000
this news broke this morning, and
that is the coinbase new lawsuit against the

385
00:28:52.039 --> 00:28:57.960
SEC and the FDIC regarding for your
requests into details of Operation Choke point two

386
00:28:59.079 --> 00:29:03.119
point zero crypto being debanked and so
forth, what are your thoughts on that?

387
00:29:03.200 --> 00:29:07.039
Okay, So this is another one
we got to look at a couple

388
00:29:07.039 --> 00:29:15.400
of anglers from one earlier in our
conversation. You mentioned Chair McHenry and his

389
00:29:15.519 --> 00:29:19.000
efforts to get information from the SEC
and how he had been so far largely

390
00:29:19.119 --> 00:29:26.200
unsuccessful. So the stonewalling by the
SEC is part of a pattern of conduct

391
00:29:26.240 --> 00:29:30.880
where they have tried to not show
their work in a bunch of different crypto

392
00:29:30.000 --> 00:29:34.200
cases. And I would say,
I personally feel this is a matter of

393
00:29:34.240 --> 00:29:40.200
significant like public importance and that I
am totally in favor of people pressing this

394
00:29:40.319 --> 00:29:42.759
point from a foyer perspective, which
for those who don't know, that's the

395
00:29:42.799 --> 00:29:47.039
Freedom of Information Act that basically tells
you, as Americans, you have a

396
00:29:47.119 --> 00:29:49.759
right to certain kinds of deliberation.
For government agencies, they can't just like

397
00:29:51.279 --> 00:29:53.119
hide in a broom closet and do
everything and come out and be like it's

398
00:29:53.160 --> 00:29:56.880
magic, right, Like, they
kind of have to show their work.

399
00:29:56.519 --> 00:30:03.359
And when we've seen the SEC's work, such as with the Big point ETFs

400
00:30:03.440 --> 00:30:06.839
or with what happened in the Debt
Box case, where I will remind people

401
00:30:06.880 --> 00:30:11.079
they lied to a federal judge,
We're sanctioned for it, attorneys resigned,

402
00:30:11.119 --> 00:30:15.799
and the Salt Lake office for the
SEC was closed. It hasn't been pretty.

403
00:30:17.359 --> 00:30:22.000
So I am very much in favor
of transparency because that solves a lot

404
00:30:22.039 --> 00:30:25.480
of ills in government when they have
to be honest and show their work to

405
00:30:25.519 --> 00:30:30.359
everybody. Two. You referenced Operation
Choke point two point oh, and so

406
00:30:30.640 --> 00:30:36.920
one Choke point one point oh was
back under the Obama administration, and what

407
00:30:37.400 --> 00:30:41.359
the banking regulators were doing was basically
cutting off access for industries to banking,

408
00:30:41.480 --> 00:30:48.119
not by explicitly banning it, but
by going to the banks and essentially engaging

409
00:30:48.160 --> 00:30:52.079
in the mafia style behavior of ah, you know, I see you're doing

410
00:30:52.240 --> 00:30:55.960
X y Z. It'd be terrible
if something happened to your charter because these

411
00:30:56.000 --> 00:31:02.799
see very high risk sort of jaw
boating, which is not always explicit consequences,

412
00:31:02.799 --> 00:31:06.799
but rather it would be like if
you banked the firearms industry, or

413
00:31:06.839 --> 00:31:11.240
maybe the cannabis industry, or maybe
other high risk industries, in this case,

414
00:31:11.359 --> 00:31:15.880
the crypto industry, they would come
in and start turning over every single

415
00:31:15.000 --> 00:31:19.440
rock they could in your bank to
find any wrongdoing and then bring the hammer

416
00:31:19.519 --> 00:31:26.240
down on you excessively for that while
quite frankly ignoring the same conduct at your

417
00:31:26.359 --> 00:31:30.960
peers. So what it does is
creates a massive paperwork burden and legal liability

418
00:31:30.960 --> 00:31:34.799
issue for companies that were banking crypto. So this is what choke point two

419
00:31:34.839 --> 00:31:40.799
point zero was alleged. I would
tell you there's pretty good evidence that some

420
00:31:41.240 --> 00:31:45.480
amount of this is going on.
Any bank that banks Crypto. Has been

421
00:31:45.480 --> 00:31:51.039
getting excessive scrutiny from the FDIC,
the Federal Reserve, the OCC and those

422
00:31:51.119 --> 00:31:56.599
regulators jointly published a letter basically saying
we don't think like public blockchains comport with

423
00:31:56.640 --> 00:32:01.599
safe and sound activities in the Federal
Register in twenty twenty three. So the

424
00:32:01.680 --> 00:32:06.480
question here is how much of that
is going on, why, and what

425
00:32:06.559 --> 00:32:09.039
are the motivations? That is,
again, why you need a Foyer request

426
00:32:09.559 --> 00:32:13.680
and you want to see what people
have been saying, or you know,

427
00:32:13.759 --> 00:32:16.400
a fact pattern of not writing any
of it down and only saying it in

428
00:32:16.480 --> 00:32:22.920
verbal conversations itself would be very very
interesting from this front. So again,

429
00:32:22.480 --> 00:32:28.319
in the context of just revealing the
information I'm largely on the side of coinbase

430
00:32:28.359 --> 00:32:32.160
here. Now. I think sort
of the leading point that you were trying

431
00:32:32.160 --> 00:32:35.880
to get to is what's going to
happen with this? Am I right about

432
00:32:35.880 --> 00:32:38.880
that? Yeah? Okay, So
in the United States, when you have

433
00:32:39.000 --> 00:32:44.039
this sort of dispute about a Foyer
request where the government is trying to say,

434
00:32:44.079 --> 00:32:45.599
no, this isn't valid, we
don't have to respond, and private

435
00:32:45.640 --> 00:32:50.200
persons are saying, actually, yeah, you do have to respond, there's

436
00:32:50.240 --> 00:32:52.519
a forum where you go to get
these things resolved, and that is court.

437
00:32:52.680 --> 00:32:57.160
So that's why a lawsuit has been
filed. A judge will look at

438
00:32:57.160 --> 00:33:00.839
these things and start ruling on what
do they have to disclos what do they

439
00:33:00.880 --> 00:33:02.680
not have to disclose? And by
the way, are you the right parties

440
00:33:02.680 --> 00:33:06.119
to even be important like do you
have a standing? Are we in the

441
00:33:06.160 --> 00:33:08.680
right place? And a lot of
those, to be honest, will go

442
00:33:08.720 --> 00:33:10.720
in the favor of the government,
a lot of them will go in the

443
00:33:10.720 --> 00:33:15.640
favor of the people sort of requesting
information. And many of them will also

444
00:33:15.680 --> 00:33:17.279
be split decisions where a judge will
say, well, you do have to

445
00:33:17.319 --> 00:33:22.000
say X, y Z, but
you don't have to reveal abs. So

446
00:33:22.079 --> 00:33:24.400
this could go any number of ways, but I think it's a very important

447
00:33:24.440 --> 00:33:29.400
effort to press the point to try
to learn everything we can about what's been

448
00:33:29.480 --> 00:33:35.200
going Yeah, absolutely, because we
do have some breadcrumbs already, given things

449
00:33:35.200 --> 00:33:39.319
that the different agencies have done reporting
by different folks, So you can get

450
00:33:39.359 --> 00:33:44.359
a bit more, you know,
to add to the puzzle here to another

451
00:33:44.400 --> 00:33:47.480
piece. It could pretty much,
you know, help paint a clearer picture

452
00:33:47.599 --> 00:33:52.039
of what's been going on and the
agenda by debund and administration led by Elizabeth

453
00:33:52.079 --> 00:33:55.599
Warren and these folks. Yeah,
I mean, without you know, revealing

454
00:33:55.680 --> 00:34:04.720
personal sources. I have heard from
several people that the FDIC informally communicated things

455
00:34:04.839 --> 00:34:10.400
like percentage limits on deposits or extreme
heightened scrutiny on clients with regard to any

456
00:34:10.440 --> 00:34:15.280
crypto banking activities. I think of
the three federal banking regulators, they are

457
00:34:15.360 --> 00:34:22.119
probably the most skeptical, and potentially
inappropriately so. They were also the nexus

458
00:34:22.119 --> 00:34:24.960
of choke point in one point zero. On the other hand, you know,

459
00:34:25.039 --> 00:34:30.320
to sort of give credit where credit
is due. I think the OCC

460
00:34:30.480 --> 00:34:34.840
has been struggling with the issue,
but Mike Sue, who's the acting Comptroller,

461
00:34:34.920 --> 00:34:37.719
has come out and started to become
positive on tokenization. I think he's

462
00:34:37.760 --> 00:34:44.039
still skeptical on public blockchains, but
to be totally honest, I think the

463
00:34:44.079 --> 00:34:49.719
OCC probably has not been presented with
some of the best in class compliance programs

464
00:34:49.719 --> 00:34:52.199
and isn't fully up to speed on
what's possible in that space. I am

465
00:34:52.280 --> 00:34:57.840
hopeful that as they learn more,
they will get significantly more positive, because

466
00:34:57.840 --> 00:35:01.679
I'll make the provocative statement the public
block chains are a far better tool for

467
00:35:01.800 --> 00:35:07.039
finding financial crime than traditional banks,
where the system is much more opaque and

468
00:35:07.119 --> 00:35:13.119
fragmented. Lastly, nobody should ever
accuse the Federal Reserve of having one opinion

469
00:35:13.119 --> 00:35:16.440
about anything. It is many regional
banks staffed by very smart economists, and

470
00:35:16.480 --> 00:35:20.840
if you get three economists in a
room and ask them a question, you

471
00:35:20.880 --> 00:35:24.480
typically get at least five opinions.
So just be aware. The Federal Reserve

472
00:35:24.599 --> 00:35:30.639
is literally the opposite of a monolith. There are very cryptoskeptical people in the

473
00:35:30.639 --> 00:35:34.159
Federal Reserve. They are very pro
crypto people in the Federal Reserve, and

474
00:35:34.280 --> 00:35:38.199
they're probably having a big debate about
what they really think and buy weall question

475
00:35:38.440 --> 00:35:43.360
on public blockchains. I think it
was black Rocks Cio, if I'm not

476
00:35:43.440 --> 00:35:49.840
mistaken. He made a statement that
they tested private blockchains, but they found

477
00:35:49.920 --> 00:35:55.119
public blockchains are way better, and
they of course tokenized on etherorem recently.

478
00:35:57.599 --> 00:36:01.159
How much weight does that carry in
politics, given that you have the world's

479
00:36:01.199 --> 00:36:07.760
wealthiest asset manager doing this and they're
very much, I say, waist deep

480
00:36:07.800 --> 00:36:13.880
in crypto now, I mean,
it's definitely important, and I think it

481
00:36:14.039 --> 00:36:19.199
speaks again zooming out from crypto to
one of the things that we've sort of

482
00:36:19.280 --> 00:36:23.320
been struggling with in a post Dot
Frank work, which is this banks like

483
00:36:24.079 --> 00:36:30.920
centralized, closed, looped platforms where
they largely have control of things. Asset

484
00:36:30.000 --> 00:36:36.159
managers would prefer that things be significantly
more open source, and that banks don't

485
00:36:36.199 --> 00:36:38.679
get to act as middlemen or kind
of toll gates on a lot of these

486
00:36:38.719 --> 00:36:44.960
activities because they find often they charge
excessive spreads or fees and quite frankly,

487
00:36:45.000 --> 00:36:49.400
don't deliver a lot of value.
So I have said elsewhere that I think

488
00:36:49.599 --> 00:36:53.239
private blockchains, especially those narrowly held, are basically a bridge to nowhere,

489
00:36:53.760 --> 00:36:59.239
right because if JP Morgan runs on
X or Goldman runs there on internal blockchain,

490
00:36:59.280 --> 00:37:01.760
or city runs their own internal blockchain. As somebody who's been a chief

491
00:37:01.840 --> 00:37:07.760
risk officer at a company, I
would say, one, if I'm another

492
00:37:07.840 --> 00:37:10.679
financial company, boy, do I
not want to use that thing? Because

493
00:37:10.760 --> 00:37:14.599
they control it. They can change
the rules anytime they want, and they'll

494
00:37:14.639 --> 00:37:19.239
screw me if something goes wrong.
And two, from a regulatory perspective,

495
00:37:19.400 --> 00:37:23.239
I probably shouldn't like that because now
I'm taking these too big to fail banks

496
00:37:23.280 --> 00:37:28.480
and making them too bigger to fail
by giving them control of other critical pieces

497
00:37:28.480 --> 00:37:31.880
of infrastructure. On the other hand, as we talk about quote unquote public

498
00:37:31.920 --> 00:37:37.480
blockchains, one of the things I
challenge crypto people about is what do you

499
00:37:37.559 --> 00:37:40.519
mean by public? Because let me
propose a thought experiment. If we took

500
00:37:40.599 --> 00:37:46.199
the top call it five hundred financial
entities in the world, right, so

501
00:37:46.280 --> 00:37:51.800
that will include bank's, asset managers, payments, companies, and they all

502
00:37:52.000 --> 00:37:58.719
jointly maintained a blockchain for financial transactions. Is that decentralized and is that public?

503
00:37:59.360 --> 00:38:04.079
Because I tell you, in some
ways that's probably more decentralized than a

504
00:38:04.079 --> 00:38:08.199
lot of blockchain applications because although there
are fewer nodes in theory, many of

505
00:38:08.239 --> 00:38:14.159
the nodes have diverging interests in greater
individual strength, So your governance in some

506
00:38:14.280 --> 00:38:17.280
ways might even be more stable.
And on the other hand, is that

507
00:38:17.360 --> 00:38:22.719
public Well, in a literal sense, probably no. But on the other

508
00:38:22.840 --> 00:38:25.639
hand, if it's the five hundred
largest firms of the world, that's probably

509
00:38:25.880 --> 00:38:30.840
most people on the globe who could
still access this thing. So I would

510
00:38:30.880 --> 00:38:36.320
tell people decentralization is not binary.
There's a continuum. And one of the

511
00:38:36.320 --> 00:38:38.599
things I think we're going to have
to grapple with as an industry in crypto

512
00:38:38.760 --> 00:38:43.920
is over time, especially for more
regulated financial products, it can't just be

513
00:38:44.599 --> 00:38:49.800
complete DJM permissionless or centrally held bank
things as are only two options, because

514
00:38:49.880 --> 00:38:53.400
quite frankly, neither of those work. Austin I want to ask you a

515
00:38:53.519 --> 00:38:57.440
question, but I don't want to
sound like a conspiracy theorist. But I

516
00:38:57.480 --> 00:39:00.480
do understand how the world works,
and that is if I'm an incumbent and

517
00:39:00.519 --> 00:39:07.360
there's disruptors at my door, and
I've had my tentacles in every part of

518
00:39:07.400 --> 00:39:12.199
the government and working with the Federal
Reserve to control currency, and I'm the

519
00:39:12.280 --> 00:39:15.920
largest bank in the world. I'm
JP Morgan, and these folks are coming

520
00:39:15.960 --> 00:39:19.719
to steal my lunch, right,
They're going to take money out of my

521
00:39:19.760 --> 00:39:22.960
pocket, take away control that I've
had for a long time. I've had

522
00:39:22.960 --> 00:39:28.880
politicians I donated to for years.
I'm friends with people of the Treasury and

523
00:39:28.920 --> 00:39:32.320
so forth. There's a revolving door
with Wall Street and the government many times.

524
00:39:34.000 --> 00:39:38.639
And am I making the phone call
to have these cryptos startups slow down

525
00:39:38.840 --> 00:39:45.000
or file lawsuits against them to kill
them. And then on the inside,

526
00:39:45.079 --> 00:39:50.840
I'm building ONYX. So I think
the problem that you run into with that

527
00:39:51.280 --> 00:39:55.039
is some element of that is definitely
happening. That's how political lobbying works in

528
00:39:55.079 --> 00:39:58.960
all industries. And by the way, if you think that's unique to crypto,

529
00:39:59.000 --> 00:40:04.320
again, suit out. This is
happening everywhere. However, there's two

530
00:40:04.320 --> 00:40:08.679
problems with that theory. One,
you cannot really in the United States.

531
00:40:08.800 --> 00:40:14.320
I'm going to call it by power
explicitly, which is to say, you

532
00:40:14.440 --> 00:40:17.400
still have to actually win the election
and have your stance be popular. And

533
00:40:17.519 --> 00:40:22.199
one of the few things that's about
is unpopular. As most politicians, it's

534
00:40:22.239 --> 00:40:27.360
banks, so they do face a
demographic problem over time. Of the politicians

535
00:40:27.400 --> 00:40:30.639
who support those stances, like say
Jamal Bowman, are likely to be voted

536
00:40:30.679 --> 00:40:36.519
out over time by people who just
don't like that. So at some point

537
00:40:36.599 --> 00:40:39.320
you're going to have to win the
battle of public opinion in the United States

538
00:40:39.320 --> 00:40:43.880
to carry that stance in the long
run. So can you throw some sand

539
00:40:43.920 --> 00:40:46.000
in the gears and slow things down? Sure? But can you stop the

540
00:40:46.079 --> 00:40:51.920
gears from turning? No? Two? Okay, congratulations, you did that

541
00:40:51.960 --> 00:40:55.119
in the United States. JP Morgen. You've jammed public blockchains and you've had

542
00:40:55.119 --> 00:41:00.559
the regulators be hysterical and block all
kinds of things. But as it turns

543
00:41:00.599 --> 00:41:02.400
out, if that view is not
shared by the rest of the world,

544
00:41:02.440 --> 00:41:07.679
what you may have actually done is
killed yourself, because what will happen is

545
00:41:07.400 --> 00:41:12.480
the custodians will be the offshore bags. The people who are serving the crypto

546
00:41:12.559 --> 00:41:17.239
natives will be the offshore payments firms
and bags like market makers. And what

547
00:41:17.280 --> 00:41:22.519
you will find is that if this
technology continues to advance, that actually,

548
00:41:22.920 --> 00:41:27.360
now you're really behind the eight ball, because five years, ten years forward,

549
00:41:27.400 --> 00:41:30.480
your competitors have a ton of reps, trust, with customer market understanding,

550
00:41:30.880 --> 00:41:35.280
and you have done none of that
by essentially trying to stand in the

551
00:41:35.280 --> 00:41:37.519
way of progress. What I would
tell you is that if you want a

552
00:41:37.719 --> 00:41:43.119
model of where that happened, that
is Europe. With regard to the original

553
00:41:43.159 --> 00:41:47.800
tech boom and social media. They
made a bunch of regulations that favored their

554
00:41:47.840 --> 00:41:52.559
incumbents. And so as a result, let me ask this question, how

555
00:41:52.559 --> 00:41:54.519
many of the largest tech companies in
the world are based in Europe? And

556
00:41:54.599 --> 00:41:59.280
by the way, who now controls
tech in Europe? A bunch of Americans

557
00:41:59.280 --> 00:42:04.480
and Asian company? Right, And
so you can stand in front of the

558
00:42:04.639 --> 00:42:07.920
train of progress and shout stop,
But history would tell you that just means

559
00:42:07.960 --> 00:42:12.599
you're gonna get run over by a
train. So you're absolutely right, But

560
00:42:13.119 --> 00:42:16.280
is it more of slowed them down
so that hey, our R and D

561
00:42:16.719 --> 00:42:21.360
can build onyx and jpm coin and
try to catch them doesn't mean they're going

562
00:42:21.360 --> 00:42:27.920
to be successful. There's no guarantee. But or for example, sue Coinbase,

563
00:42:28.639 --> 00:42:31.719
uh, Sue Gray's gill whatever block
their ETF, but all of a

564
00:42:31.719 --> 00:42:38.360
sudden black Rock comes in and gets
it. Well, I would I would

565
00:42:38.440 --> 00:42:44.039
say ironically one of the biggest winners
of the ETF fiasco has been coinbase.

566
00:42:44.119 --> 00:42:46.639
So this is kind of the point
I'm making, Like, because sab one

567
00:42:47.159 --> 00:42:52.239
one was probagated to block crypto custody
by regulated institutions, who does the super

568
00:42:52.280 --> 00:42:58.239
majority of crypto custody huh coin Base? Right, So again, these things

569
00:42:58.239 --> 00:43:01.119
tend to backfire on you because I
think in front of progress just doesn't work.

570
00:43:01.159 --> 00:43:05.760
And I'm sure that many people at
BAGS would like to slow down the

571
00:43:05.800 --> 00:43:09.000
crypto people to build things themselves.
But let me tell you what is the

572
00:43:09.039 --> 00:43:15.480
history of large entrenched incumbents innovating in
major ways versus startups. It's pretty bad.

573
00:43:15.559 --> 00:43:19.880
Now. That's not to say it
never happens. There have been large

574
00:43:19.880 --> 00:43:23.639
companies that have generated like world changing, you know products, see for instance,

575
00:43:23.679 --> 00:43:29.280
Apple with the iPhone after they were
already a major computer manufacturer. But

576
00:43:29.320 --> 00:43:31.719
those are often the exceptions that prove
the rule. Right, Like, how

577
00:43:31.800 --> 00:43:37.840
many social media companies that are now
giants came out of regular old media companies.

578
00:43:37.360 --> 00:43:39.840
So yeah, I do think,
Toty, you're right. They're going

579
00:43:39.880 --> 00:43:43.960
to try, and also I think
they're going to fail because they're just not

580
00:43:44.079 --> 00:43:47.440
good at those things. Awesome,
great stuff. Man, all is a

581
00:43:47.480 --> 00:43:51.679
pleasure chatting with you. Appreciate your
knowledge and insights. Thank you so much.

582
00:43:52.119 --> 00:44:01.639
Yeah, great to see you again. Thank you. Task post to

583
00:44:02.039 --> 00:44:05.679
post the task

