POS is a scheme for illegal unregistered securities

Well, this POS advocate is making my argument for me—I will save this and quote it in the future, for it succinctly explains something that I have been trying to get through to people:

Compare what I said here, among other places:

To understand why Glidden, in defending POS, argues that POS is not profitable, see Part I of the same series (the link is broken on Medium):

I had tried to focus on the obvious substance, and to avoid Internet argumentation over technicalities. But now that you bring up an essay on the Howe test, why not.

Please ty reading it not with Hopium or a pro-POS bias, but rather, with a coldly objective view of how an American judge will probably see it. Better yet, try playing (from your perspective) Devil’s Advocate: Try to argue why a POS coin is an unregistered security. I myself do the same thing in the opposite direction; I believe that I have examined all sides of the argument.

Whatever POS system Zcash tries to design, do ECC and the Zcash Foundation really want to risk someday arguing in court, not on the Internet that their POS system doesn’t fit all four prongs of the Howe test? (The relevant case is Securities and Exchange Commission v. W. J. Howey Co., 328 U.S. 293 (1946), for those so inclined—and who have case law search access, which is dominated by the West/Lexis duopoly in America. Reading a case in isolation is how pro se parties and Internet pundits fall flat.)

I observe that the combination of developer-seigniorage and POS fits prong 4 even more clearly than some other POS systems.

The same factor, plus the community governance structures and centralized entities (ECC and ZF), clearly fit prong 2.

For prong 3, Glidden’s best argument, quoted at length above, is that POS is not profitable, or may not be profitable. I partly agree with his argument; in parts of it, he hit the nail on the head! But POS is sold to retail as profitable to them, while only the whales have sufficient capital to benefit. This is one of the reasons why I call POS a scam per se.

Glidden’s argumentation about prong 1 lacks merit so badly that I think any judge would give it short shrift. If you don’t believe me, try it in court—at your peril.


They are scams, so I don’t see how that is relevant. Now that you bring it up, I think that Mr. Gensler’s identification of Bitcoin without mentioning any of the scam-forks shows that he may be unusually clueful for a regulatory official. Bitcoin forks are trivial to make, but Bitcoin itself cannot be duplicated. As my personal text on the Bitcoin Forum has said since 2017, “There is only one Bitcoin.” The SEC implicitly agrees here.


P.S., the type of rapid-fire argumentation that resulted with you in another thread, q.v., tends to be unproductive and unreadable to others. Please try to avoid peppering the thread like that; I will try to avoid same.