Web3 Foundation Announces Polkadot Blockchain’s Native Token (DOT) Has Morphed and Is Software, Not a Security


Press Release

Upon its third anniversary of proactive engagement with the SEC, the Web3 Foundation today announces a landmark step towards the achievement of Web 3.0, a decentralized, trustless, serverless internet. The Polkadot blockchain’s native token (DOT), initially offered, sold and delivered to purchasers as a security, has morphed and no longer is a security. It is software.

Zug, Switzerland. November 4, 2022 — Web3 Foundation announced today a landmark achievement towards the realization of Web 3.0: the Polkadot blockchain’s native digital asset (DOT) has morphed and is no longer a security. It is software. This announcement marks the third anniversary of Web3 Foundation’s first engagement with the U.S. Securities and Exchange Commission’s (“SEC”) Strategic Hub for Financial Innovation (“FinHub”), in response to FinHub’s public invitations to digital asset-related projects to “come in and talk with us.” At the time, the Web3 Foundation was still six (6) months away from taking the initial step to launch the Polkadot network in May 2020, and concluded with the launch of parachains in December 2021.

In November 2019, the digital asset regulatory climate was tense. When the Web3 Foundation first approached FinHub, the SEC had recently filed its complaint against Telegram, and the FinHub staff’s Framework for “Investment Contract” Analysis of Digital Assets (the “Framework”) had been published only a few months earlier, on the heels of many other SEC enforcement actions and announcements, including its 21A Report of Investigation: The DAO (“The DAO Report”), the Munchee cease-and-desist order and the Kik decision.

Daniel Schoenberger, Chief Legal Officer at Web3 Foundation, said: “The Framework suggested that nearly every digital asset offered and sold for fundraising purposes, initially, was highly likely to constitute a security when it was delivered to initial purchasers. Yet the Framework also contained a compliant path forward – one that would permit a digital asset initially offered and sold as a security to be re-evaluated at a later date. For purposes of U.S. federal securities laws, there was a possibility that it would no longer be a security. In other words, digital assets could morph.”

Over the next three years, the Web3 Foundation’s experience was a positive one, as it met regularly with the SEC and attempted to break new ground and comply with U.S. federal securities laws, including with respect to the offer and sale, marketing and delivery to initial purchasers of tokens as securities, and treatment of retail purchasers, generally in line with public companies.

“In the Web3 Foundation’s view, current offers and sales of DOT, the native token of the Polkadot blockchain, are not securities transactions. DOT is used for the purposes for which it was designed – among other things, to bid for and secure parachains and facilitate on-chain governance. Control of the Polkadot network has long been in the hands of DOT holders. Today, DOT is not a security. It is software,” added Mr. Schoenberger.

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Disclaimer: Nothing in this press release is intended to be, and it is not, the offer or sale of any digital asset or security. Similarly, nothing in this press release is intended to be, and it is not, legal, investment or tax advice.

About Web 3.0

About Web 3.0 In 2014, Dr. Gavin Wood coined the term “Web 3.0” to describe a decentralized, trustless, serverless internet where users control their own data, identity and destiny. He presented this new vision because he believed that the current internet infrastructure (i.e., Web 2.0) encouraged and facilitated the consolidation of power by a dominant group of for-profit entities, many of which were instrumental in building such infrastructure. In Dr. Wood’s view, the Web 2.0 internet failed to meet basic human expectations of privacy and authenticity, and not by accident, but by design.

About Web3 Foundation

Web3 Foundation funds research and development teams building the technology stack of the decentralized web, with an official mission of advancing the vision of Web 3.0. Web3 Foundation was established in Zug, Switzerland by Ethereum co-founder and former chief technology officer Dr. Gavin Wood. For more information, visit web3.foundation.

About Polkadot

Polkadot provides the technical advances necessary to make blockchain technology practical, accessible, scalable, interoperable, and future-proof, removing limitations and barriers to entry, and thereby fueling innovation, growing the decentralized technology space, and bringing the Web3 vision to life.

Media contact

Ursula O’Kuinghttons
Director of Communications and Partnerships
ursula@web3.foundation

Dale Calvert

Dale Calvert is a serial entreprenuer. He started his first business at age 14, a direct mail business out of his parents home. Dale has always believed that wealth is created in front of a trend. This business philosophy lead him into the cryptocurrency space in 2017, He made the decision in 2022, that the cryptocurrency space is where he will be spending the majority of his time.

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