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Margaret Rosenfeld Profile
Margaret Rosenfeld

@AgentM_Tech

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Chief Legal Officer Everstake. She’s All About That Tech: legal and regulatory musings for AI, Web3, BigData, Cybersecurity and Privacy.

Joined July 2011
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@AgentM_Tech
Margaret Rosenfeld
3 years
Pretty sure Taylor Swift concert tickets are a security under the Howey Test as applied by Gensler’s SEC. All sold out in presale and you can sell a $200 for $4000 on the stubhub exchange. Sold to support building the platform for the concert.
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@AgentM_Tech
Margaret Rosenfeld
3 hours
9/ Bottom line:.- Covered Crypto Assets = not securities.- Staking Receipt Tokens = not securities.- Secondary market activity in those tokens = not a securities transaction (when structured as described).
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@AgentM_Tech
Margaret Rosenfeld
3 hours
8/ This follows earlier May 2025 SEC staff guidance on solo, custodial, and self-custodial staking, showing a clear regulatory view: if structured properly, common staking models including liquid staking do not involve securities.
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@AgentM_Tech
Margaret Rosenfeld
3 hours
7/ The key factor: providers involved must not exercise discretion or managerial control over how assets are staked. These activities must be administrative and ministerial only to stay outside securities definitions.
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@AgentM_Tech
Margaret Rosenfeld
3 hours
6/ Small caveat in the Statement: "unless the Covered Crypto Assets ar5e pat o or subject to an investment contract." Make sure you read Footnote 12 for anything you are doing. This is not a blanket exemption and fit into the accepted structure of the statement.
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@AgentM_Tech
Margaret Rosenfeld
3 hours
5/ The SEC also states that persons involved solely in the secondary market offer or sale of these Staking Receipt Tokens do not engage in a securities transaction if the structure meets the described parameters.
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@AgentM_Tech
Margaret Rosenfeld
3 hours
4/ The SEC states that neither the Covered Crypto Assets deposited, nor the Staking Receipt Tokens issued and redeemed under these ministerial frameworks, are securities under the Securities Act or Exchange Act.
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@AgentM_Tech
Margaret Rosenfeld
3 hours
3/ This is great news for protocols like @LidoFinance and @jito_labs that allow types of deposits, giving stakers liquidity through Staking Receipt Tokens while keeping their Covered Crypto Assets staked.
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@AgentM_Tech
Margaret Rosenfeld
3 hours
2/ The SEC Statement defines:. Covered Crypto Assets = crypto assets deposited for staking. Staking Receipt Tokens = 1:1 tokens received back, representing ownership of those Covered Crypto Assets and rights to staking rewards
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@AgentM_Tech
Margaret Rosenfeld
3 hours
1/ 🧵 The SEC has just released a "Statement on Certain Liquid Staking Activities." Full statement her5e
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@AgentM_Tech
Margaret Rosenfeld
5 days
8/. What it means:.• The White House and the SEC are on the same page.• Self‑custody rights are being elevated as core .• Developers may see safe‑harbors for simply publishing wallet or contract code.• A shift from enforcement‑led to rulemaking‑driven crypto regulation.
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@AgentM_Tech
Margaret Rosenfeld
5 days
9/ Bottom line:.The U.S. is moving from crypto conflict to crypto clarity. Atkins’ speech and the White House strategy report signal the strongest coordinated pro‑crypto policy shift ever.
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@AgentM_Tech
Margaret Rosenfeld
5 days
8/ What it means:.• Self‑custody rights are being elevated as core feature of industry.• Developers may see safe‑harbors for simply publishing wallet or contract code.• A shift from enforcement‑led → rulemaking‑driven crypto regulation.
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@AgentM_Tech
Margaret Rosenfeld
5 days
7/ He also proposed an “innovation exemption”—a regulatory sandbox for on‑chain products. That aligns directly with the White House’s call for experimental frameworks.
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@AgentM_Tech
Margaret Rosenfeld
5 days
6/ Atkins pushed for distinct rules for decentralized, self‑executing protocols—arguing legacy rules built for intermediaries don’t fit pure on‑chain code.
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@AgentM_Tech
Margaret Rosenfeld
5 days
5/ My favorite quote from the speech: “The right to have self‑custody of one’s private property is a foundational American value that should not disappear when one logs onto the internet.” – Paul Atkins, SEC.
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@AgentM_Tech
Margaret Rosenfeld
5 days
4/ On staking & network participation:.Atkins welcomed clarifications that miners, validators & staking providers aren’t automatically securities issuers—but urged formal rulemaking for lasting certainty.
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@AgentM_Tech
Margaret Rosenfeld
5 days
3/ Atkins echoed that vision, calling DeFi a natural extension of economic liberty, private property, and innovation, echoing the same core values of the White House strategy. Read his full remarks here: statements/atkins‑remarks‑defi‑roundtable‑060925.
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@AgentM_Tech
Margaret Rosenfeld
5 days
2/ The White House strategy lays out a plan to make the U.S. a crypto innovation hub:.• Protecting self‑custody.• Clear SEC & CFTC roles.• Stablecoin + tokenized asset frameworks.• Innovation sandboxes.• Tax & retirement crypto integration.
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@AgentM_Tech
Margaret Rosenfeld
5 days
1/ On the heels of the White House’s “National Digital Assets Strategy: Strengthening American Leadership in Digital Financial Technology” (July 30, 2025), today SEC Chair Paul Atkins gave one of the most pro‑crypto speeches yet from the SEC. 🧵.
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whitehouse.gov
The American story is one of innovation. From the railroads that linked sea to shining sea, to the internet that connected the entire world, American
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