Having premised so much of financial markets regulation on the presumption of intermediation, it may be useful to consider the need for new rules and formal amendments aimed at achieving the longstanding regulatory goals of promoting investor protection, facilitating capital formation by establishing fair and orderly markets, and mitigating risks that disrupt and destabilize markets.
The SEC remained mostly silent during the ICO boom but then flooded alt-coin founders with a tsunami of subpoenas beginning in 2018. To be sure, some ICOs were scams and deserved prosecution, but others were and are legitimate companies building out viable networks and providing value to purchasers and consumers.
LBRY, Inc. is one such company. It promotes an “open, free, and fair network for digital content” and boasts 10 million users. Someday it could rival YouTube, Amazon, and other video content providers. But first it risks bankruptcy in a legal fight with the government for violations that lack victims.