How MyCardShares' Paper May Have Shaped Bitcoin's Regulatory Future
Today I want to share something incredibly significant that I believe most people in the Bitcoin space have completely missed. It concerns regulation, the future classification of digital assets, and a paper that may have quietly influenced the upcoming Clarity Act.
About eight months ago, Brian Dougherty's and MyCardShares submitted an 11-page white paper to the SEC. This wasn't just another company begging for favorable treatment. Instead, it provided a comprehensive legal framework explaining why the original Bitcoin protocol should be classified as a digital commodity rather than a security.
What struck me when reading this paper was how it seemed to directly preempt the Clarity Act, which wasn't drafted until months later. The similarities between the arguments in the MyCardShares paper and the provisions in the Clarity Act draft are unmistakable.
The paper outlines five essential elements that define a mature blockchain as a digital commodity: it must have a neutral point of organic growth, no single founder or originator who issued all tokens, must use proof-of-work (not proof-of-stake), and must meet specific legal definitions that classify it as property.
What's fascinating is that when you apply these criteria, you quickly realize there's really only one blockchain that fully satisfies all these requirements. The paper makes a compelling comparison to real estate investment trusts (REITs), arguing that investing in the Bitcoin protocol is similar to investing in property—it's a commodity, not a security.
This distinction is crucial for Bitcoin's future. If classified as a commodity, Bitcoin would face much less restrictive regulation than if it were deemed a security. This would allow for broader adoption and use as the peer-to-peer cash system it was designed to be.
Beyond the regulatory implications, I'm incredibly excited about Bitcoin's potential to create a new financial system based on cash transactions. Not through trading crypto as most people think about it today, but through simple, direct peer-to-peer exchanges. There's something beautiful about cash—it's immediate, it's private, and it's efficient. Digital cash on the original Bitcoin protocol offers these same benefits, but with global reach.
I'm diving deeper into all aspects of Bitcoin in the coming months. This Friday, I'm hosting an X Space with Siggy to discuss the scalable Bitcoin network, with Kurt Walker Jr. joining to talk about Terra Node and mining. I'll also be attending the Babage Hackathon in Oregon and a blockchain conference in London.
Despite the FUD being spread by what I call the "small blockers" who focus solely on price appreciation, I remain convinced that Bitcoin's true value lies in its utility as digital cash and its ability to preserve our data on an immutable ledger. This is how we take back digital sovereignty in an increasingly centralized world.
If you're interested in where Bitcoin is headed from a regulatory perspective, I highly recommend checking out the Brian Dougherty's paper. It provides a clear roadmap for how Bitcoin might be classified under future regulations, and possibly even influenced the direction of the Clarity Act itself.
Check out the full video here.
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