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you seem very stuck up on legal words I think. ANy normal thinking human realize the one enforcing rules, must obviously also tell what rules are ok or not

How should this "outside council" learn the rules, if they can not ask the ones making or ruling with them? You are just shifting the problem down one notch

>since the SEC has given clear guidance for years

So Coinbase is lying about no guidance?

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> ANy normal thinking human realize the one enforcing rules, must obviously also tell what rules are ok or not

I do agree that things should be this way. In some countries, it is much more clear. In the US, it is very much not like this. Nobody can list everything that is unlawful. You can only pay for opinions.

It sucks, but it's not some unique quirk or the SEC or whatever.

> Nobody can list everything that is unlawful.

Whats the law book for then?

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