Proposal #839 is poised for approval.
In passing 839, we are illustrating a state of insufficient decentralization.
The SEC has posited that networks that can be characterized as “sufficiently decentralized” might be exempt from securities classifications. However, the precise criteria delineating adequate decentralization remains ambiguous. And while the exact level of decentralization required is not clearly defined, their aptitude and appetite for discerning what is “insufficiently decentralized” is sufficiently an acute existential threat for crypto.
You know, regulators be regulating without regulatory clarity.
This stuff about centralization/decentalization matters bc the SEC is all over this stuff. They just sued in Texas saying ETH is subject to US jurisdiction bc majority of validators are located in states.
Centralization is the vulnerability regulators use to bring action. Our centralization via Ethan, Jae, ICF, AiB were already cited factors leading to ATOM being classified as a security in the Binance lawsuit.
In view of this fact, the manner in which 839 is been rationalized by principal agents is a very bad and big problem.
Centralization makes us a target. The appearance of corruption makes us a desirable target.
To me, the ICF has exhibited and expressed an unequivocal and “essential managerial interest” in advocating for a specific outcome in hub governance. Framing of the discussions around 839 can be characterized as principals using an assignment of privilege and resources as “influence seeking” for “rent-seeking.”
Imo, 839 has not been an equitable decision-making process. It is passing because the hub or the community does not have bargaining power.
As to why and how regulators can perceive centralization + corruption on the hub, here are my reasons:
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The arrangement to send Atom from foundation treasury to the hub can be interpreted by regulators as a donation for influence. Because that is the effect of the “offer”. The offer to donate/reimburse/transfer shapes the voting response. Brian’s blog and subsequent comms about ATOM contribution from the ICF can be viewed as an interference with consideration of an on chain proposal with off chain inducements and agreements.
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The offer made by ICF to hub community has yet to be made “official” although ICF says it is official. There is no MOU, LOI, or other contract to memorialize the understanding exists or can be enforced. The understanding was brokered informally over socials, and reinforced over a variety of social channels. Redundancy in messaging does not make an offer “official.” Common characteristic of influence peddling requires the inducement being transferred to remain “off the books” – or in our case, it stays “off-chain.”
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Ethan and Brian are lobbying the pro 839 vote. Brian also voted Yes with his validator, Chorus One – a top 20 hub validator used his voting power to support an affirmative outcome. Given his role as President of ICF, and due to what can be perceived as conflicts of interest, the responsible Chorus One is to abstain in the matter.
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The ICF hasn’t finalized it’s delegations for Cycle 2, and many of the early voting on chain indicates smaller operators existentially dependent on ICF delegations are voting in favor of.
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The proposal undeniably carries elements of a “sweetheart deal” for an incumbent provider.
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Lead proposer is a “privileged” incumbent that has no competition. There is no viable second best alternative at the present time. Lack of BATNA is often incidental to monopolistic player environments.
Incumbent’s competitive advantage is they have no veritable competition.
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One can argue that years of undisclosed support from ICF to Informal have conferred to the lead proposer the position of being a sole provider of software maintenance and development relevant for the hub and components of CESS.
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The lack of disclosure is a problem for equitable and informed decision making. With insufficient disclosure, the hub is unable to compose material criteria that can be used to evaluate and contextualize the funding request. Roadmaps and KPIs are not disclosure. A proposed budget for spending is not disclosure. Disclosure means making plain the historical economic relationship between ICF and Informal. This hasn’t been done outside of the 2022 report.
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No only criteria used is not germane to creating a meaningful evaluation framework. The crux of the argument is that lead proposer (Informal) is the team that has been funded so shall be funded. This reasoning equates to preserving preferential treatment. Preferential treatment is an antecedent to, and incidental to corruption.
From a regulator’s view, all of the above, which is true, suggests Cosmos hub and broader network may 'insufficiently decentralized."
WHY I’M REALLY REALLY WORRIED:
I was at brunch yesterday attended by several members of a certain law enforcement office, one of the lawyers quipped the $3.5M looks like a bribe to push the proposal and there’s nothing more inviting than the combination of centralization and corruption for an agency to take action. Please note, this is a remark made by one lawyer. This is not legal advice.
The optics of 839 are messy and poor.
We are inviting scrutiny bc the appearance of corruption is the bonus kicker politicos look for.
I strongly strongly recommend this proposal be resubmitted. A new proposal should make a funding request of $2.2m from the Cosmos hub. The ICF should send ATOM or cash directly to Informal and Hypha. ICF should not send any ATOM related to 2024 hub development to the hub.
If you’re a lawyer, please lean into this conversation.
@jflowers515
@mpg especially keen on having your response to any of the above. Thank you.
P.S.: I’m looking to retain an expert law firm to provide their assessment on 839 and to support what I heard yesterday. I am using my own personal funds for this. I no longer work in Cosmos or for any Cosmos affiliated projects.