403235
Amanda Tuminelli
@atuminelli #403235
Chief Legal Officer at DeFi Education Fund @fund-defi. Human to bader the dog. Avid reader of fantasy fiction. Constantly seeking excellent food.
430 Follower 108 Following
I am excited to share that I am stepping into a new role as Executive Director @fund-defi. My friend and brilliant colleague, @millercwl, will be stepping down as CEO, but will continue to advocate for DeFi as a member of the DEF Board.
364623
DeFi Education Fund
@fund-defi·2 days ago
🚨DEF Leadership Update 🚨
Today, we are announcing that after three years of tremendous leadership @millercwl will be stepping down as CEO, and
@atuminelli will become our new Executive Director. 🧵
https://www.defieducatdeionfund.org/post/the-defi-education-fund-announces-leadership-transition
Today, we are announcing that after three years of tremendous leadership @millercwl will be stepping down as CEO, and
@atuminelli will become our new Executive Director. 🧵
https://www.defieducatdeionfund.org/post/the-defi-education-fund-announces-leadership-transition
A huge win for @uniswap and software devs everywhere today.
The 2d Cir affirmed the dismissal of fed securities claims in Risley v. Uniswap Labs. "The threshold issue in this case is whether the developers of automated computer codes that facilitate the transfer of cryptocurrency on a decentralized exchange may be held liable under federal securities laws for the alleged fraudulent conduct of third parties on that exchange."
Inject it into my veins: "In sum, we agree with the district court that it “defies logic” that a drafter of a smart contract, a computer code, could be held liable under the Exchange Act for a third party user’s misuse of the platform . . . Accepting Plaintiffs’ allegations as true, the district court appropriately determined that Defendants’ smart contracts were, at best, collateral to the third parties’ scam token activities and the type of tangential activity that falls outside of Section 29(b)."
The 2d Cir affirmed the dismissal of fed securities claims in Risley v. Uniswap Labs. "The threshold issue in this case is whether the developers of automated computer codes that facilitate the transfer of cryptocurrency on a decentralized exchange may be held liable under federal securities laws for the alleged fraudulent conduct of third parties on that exchange."
Inject it into my veins: "In sum, we agree with the district court that it “defies logic” that a drafter of a smart contract, a computer code, could be held liable under the Exchange Act for a third party user’s misuse of the platform . . . Accepting Plaintiffs’ allegations as true, the district court appropriately determined that Defendants’ smart contracts were, at best, collateral to the third parties’ scam token activities and the type of tangential activity that falls outside of Section 29(b)."
In this paper @spencerpeek explains why devs of non-custodial software Samourai Wallet do not meet the legal definition of operating an unlicensed money transmitting business under criminal statute 18 USC 1960 and how DOJ’s indictment on that charge is unsupportable.
Important contribution to the effort to push back on DOJ’s misinterpretation of Section 1960 💪
Important contribution to the effort to push back on DOJ’s misinterpretation of Section 1960 💪
364623
DeFi Education Fund
@fund-defi·16:23 13/02/2025
Developers beware: Could your code land you in legal trouble?
The DOJ’s indictment of Samourai Wallet's founders represents a direct attack on software developers building non-custodial, privacy-enhancing tools.
In a new paper, authored by DEF’s Spencer Peek, we examine the DOJ's indictment, arguing that their non-custodial, privacy-enhancing software does *not* constitute an unlicensed money transmitting business under existing laws.
To dig deeper into why this matters, please click the link below for the full paper:
https://www.defieducationfund.org/_files/ugd/84ba66_87dfb370e81a4766811bf16e5293c6da.pdf
The DOJ’s indictment of Samourai Wallet's founders represents a direct attack on software developers building non-custodial, privacy-enhancing tools.
In a new paper, authored by DEF’s Spencer Peek, we examine the DOJ's indictment, arguing that their non-custodial, privacy-enhancing software does *not* constitute an unlicensed money transmitting business under existing laws.
To dig deeper into why this matters, please click the link below for the full paper:
https://www.defieducationfund.org/_files/ugd/84ba66_87dfb370e81a4766811bf16e5293c6da.pdf
The most important issue currently facing the digital asset industry: the DOJ’s interpretation of Section 1960 - the criminal code provision punishing unlicensed “money transmitting businesses.” That is why I wrote this paper with @dbarabander and @jchervinsky explaining the issues inherent to Section 1960 and providing legal support for the *correct* interpretation: in order to be a “money transmitting business,” the business must have independent control over user funds.
https://edit.financialcrimelitigators.org/api/assets/cd682a1c-1cb0-4c99-a491-ac6155f4bdc2.pdf
https://edit.financialcrimelitigators.org/api/assets/cd682a1c-1cb0-4c99-a491-ac6155f4bdc2.pdf
It was an honor to advocate on behalf of DeFi developers and users in front of the House Financial Services Subcommittee on Digital Assets today.
I was grateful to sit next to the extremely talented experts @rebecca-r, @valkenburgh and Brian Avello.
I was grateful to sit next to the extremely talented experts @rebecca-r, @valkenburgh and Brian Avello.
364623
DeFi Education Fund
@fund-defi·17:31 10/09/2024
Today @fund-defi and @blockchainassn filed an amicus brief in support of a challenge to the SEC’s Consolidated Audit Trail (CAT), arguing that the CAT, especially when it pertains to the digital asset sector, “unacceptably undermines privacy and personal freedom.”
ICYMI, the CAT is the largest database of securities txs ever created and will include personally identifiable information on every retail brokerage customer in the U.S. Given the SEC’s position that digital asset market participants are exchanges, brokers, and/or dealers, the SEC may force them to comply with CAT reporting requirements.
The result, which we warn the court about, is that the CAT could connect personally identifiable user info with wallet addresses, providing the government with more tools to track user financial activity for all time. This info would then be at the disposal of the government, creating unprecedented privacy concerns.
https://www.defieducationfund.org/_files/ugd/84ba66_38222aa7b44f4e7392f0b9b22bf82039.pdf
ICYMI, the CAT is the largest database of securities txs ever created and will include personally identifiable information on every retail brokerage customer in the U.S. Given the SEC’s position that digital asset market participants are exchanges, brokers, and/or dealers, the SEC may force them to comply with CAT reporting requirements.
The result, which we warn the court about, is that the CAT could connect personally identifiable user info with wallet addresses, providing the government with more tools to track user financial activity for all time. This info would then be at the disposal of the government, creating unprecedented privacy concerns.
https://www.defieducationfund.org/_files/ugd/84ba66_38222aa7b44f4e7392f0b9b22bf82039.pdf
Hope you all will join and bring questions related to all things policy and law.
364623
DeFi Education Fund
@fund-defi·14:23 10/06/2024
🚨Don't Forget🚨
Tomorrow (June 11) at 2:30pm EST, we will be hosting our first ever "State of the Union."
Link to Space: https://x.com/i/spaces/1lDxLPpWayZxm
Link to Ask Qs: https://docs.google.com/forms/d/1LNXiy4aySeP_6ZBC2WoTesfhvmrrM_Nt0OBmyN_7DfI/edit
We can't wait to see everyone there 🫡
Tomorrow (June 11) at 2:30pm EST, we will be hosting our first ever "State of the Union."
Link to Space: https://x.com/i/spaces/1lDxLPpWayZxm
Link to Ask Qs: https://docs.google.com/forms/d/1LNXiy4aySeP_6ZBC2WoTesfhvmrrM_Nt0OBmyN_7DfI/edit
We can't wait to see everyone there 🫡
The SEC Consolidated Audit Trail will be the largest database of tx and user info in existence. It is particularly problematic for digital asset users.
@mtcoppel and I wrote an op ed about why more people in crypto should be talking about it: https://www.coindesk.com/opinion/2024/06/05/cryptos-latest-privacy-battle/
@mtcoppel and I wrote an op ed about why more people in crypto should be talking about it: https://www.coindesk.com/opinion/2024/06/05/cryptos-latest-privacy-battle/
The DOJ's opposition to Roman Storm's motions to dismiss and suppress evidence in the Tornado Cash case is filled with technical inaccuracies, obvious disdain for privacy and emerging technology, and misapplication of the law.
A few of the egregious statements in the 111-page brief in this thread 👇
A few of the egregious statements in the 111-page brief in this thread 👇
"I wish we weren’t in this uncertain moment for technology that yields such unlimited promise and potential. But I felt compelled to stand up for myself, businesses like mine, our allies, and an entire industry yearning for clean and fair rules of the road. That’s why I am suing the SEC." - Nathan Hennigh
While I am incredibly proud of the amount of work we have done to defend defi so far, we are just getting started. We need additional resources to keep up the fight. Please support@fund-defi
364623
DeFi Education Fund
@fund-defi·15:39 12/04/2024
Since our founding in 2021, we have advocated & fought for DeFi in legislative discussions, regulatory debates, and in the courts.
We are eager to do so much more and appreciate any support to help us continue to fulfill our mission:
https://gov.uniswap.org/t/rfc-supporting-the-defi-education-fund/23631
We are eager to do so much more and appreciate any support to help us continue to fulfill our mission:
https://gov.uniswap.org/t/rfc-supporting-the-defi-education-fund/23631
Some quick thoughts on the Coinbase decision today…
https://x.com/amandatums/status/1773011576552882384
https://x.com/amandatums/status/1773011576552882384
Today, we @fund-defi sued the SEC. It has everything to do with airdrops + stopping the SEC’s regulation by enforcement crusade against our industry.
364623
DeFi Education Fund
@fund-defi·16:24 25/03/2024
🚀 Today, the DeFi Education Fund & Beba sued the SEC🚀
The crypto industry is facing an existential threat from an overzealous regulator who is abusing its power by targeting our industry through unending aggressive enforcement actions.
It’s time for the court to put an end to it.
The crypto industry is facing an existential threat from an overzealous regulator who is abusing its power by targeting our industry through unending aggressive enforcement actions.
It’s time for the court to put an end to it.