5) None of this works if you need active permission to do everything: commerce grinds to a halt.
If you show up at 7-11 to buy a bagel, and next thing you know you’re pulling out a passport and social security number and taking selfies, something’s gone wrong.
From your revised blog: “If you host a website aimed at facilitating and encouraging US retail to connect to and trade on a DEX, this may end up falling under something like a broker-dealer/FCM/etc.
You may also potentially have KYC obligations…
…To be clear, this is separate from generalized tooling for on-chain parsing and interfacing, e.g. http://etherscan.io”
This is an improvement but you also seem to be missing the whole point that a DeFi interface and etherscan are doing the same thing!
If you agree something like etherscan should not require a license or kyc, then how can you still suggest an interface which does the same activity should require license/kyc?
What is regulated needs to be specific activity, not just presenting it in a different way.
and hope you will consider revising your post such that anything that simply passes information to and from a protocol/contract should not require onerous burdens.
A BD takes custody of funds, DeFi interfaces do not.
Happy to!
FWIW -- I don't think I necessarily think it's the perfect line to draw -- as much as anything else:
1) I think empirically it might be what regulators draw
2) I think that doing so preserves on-chain action as permissionless which is the most important thing
!
My humble suggestion is that you can draw the line quite clearly like this:
(1) those that take custody of funds as an intermediary can arguably be the subject of regs
(2) those that do not take custody, should not be the subject of regs
This allows those that are building free and open self-custodial interfaces to build tools that simply pass data without needing 6-7 figure compliance teams.
Yet can still allow to regulate those who build products that take custody (which is fairly much closer to a BD).