@winstonlaw |AdjunctProfessor @NYUStern / @NYUlaw |No legal/financial advice |#crypto |#Miami |#Phish | all views are my views | all errors are mine.

Joined June 2009
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Not your legal title, not your coins.
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RT @ThaniaCh: Happy to share that Winston Taylor was ranked Band 3 in Fintech by Legal 500, and I was named a Next Generation Partner. Man…
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Drew Hinkes retweeted
This recent DOJ complaint is a reminder that law enforcement already has all the tools it needs to pursue bad actors who knowingly facilitate illicit finance. Note: the BRCA does not change that. In fact, the Clarity Act gives prosecutors and law enforcement *more* tools and resources to go after illicit activity - see Sec. 201, 202, 203, 204, 205, 206, 301, 302, etc. . . .
Concrete evidence that the federal money laundering laws are alive and well in this country - being used appropriately to target a centralized mixing service that *did control funds* and *was easily traced and charged by law enforcement* Highly relevant when we hear people spreading FUD about the Blockchain Regulatory Certainty Act and falsely claiming that it would take away tools for law enforcement to combat illicit finance. justice.gov/usao-edpa/media/…
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Drew Hinkes retweeted
I made a history version of GeoSports. If your favorite class in school was Social Studies/History, this is for you GeoHistory · June 10th 🟢🟡🟡🟢🟢 934 / 1,000 geohistory.gg
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The next era begins.
Jun 4
SITUATION DETECTED: For the first time in internet history, agentic traffic has surpassed human traffic online, per Cloudflare Radar.
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Drew Hinkes retweeted
Watch Nick today. He is right.
I'm testifying today. The Bank Secrecy Act has created a financial surveillance regime that violates our privacy, increases the cost of banking, and doesn't stop crime.
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Drew Hinkes retweeted
The FCC wants to require ID verification for every phone activation in America, including prepaid phones. Those are the phones journalists, abuse survivors, and whistleblowers depend on to stay anonymous. The excuse is robocalls. The result is a national identity check on one of the last semi-anonymous communication tools we have. reclaimthenet.org/the-fcc-wa…
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Drew Hinkes retweeted
Prof. @Andrea_Tosato and Prof. @Prof_CarlaReyes were interviewed on a recent episode of the @LawofCodeFM Podcast, along with their co-author Prof. @propelforward (@nyulaw). Listen to their episode, “Explaining the misnomer of 'Code is Law' with Andrew Hinkes, Andrea Tosato, and Carla Reyes” here: podcasts.apple.com/us/podcas…
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Drew Hinkes retweeted
Prof. @Andrea_Tosato and Prof. @Prof_CarlaReyes’ new article “Code is NOT Law”, co-authored with Prof. @propelforward (@nyulaw), is forthcoming in the Florida State Law Review. Read More: papers.ssrn.com/sol3/papers.…
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Drew Hinkes retweeted
Really looking forward to this discussion at the Harvard Law School 2026 Fifth Annual Blockchain & FinTech Conference. Market Structure at a Crossroads: What’s Changed, What’s Next? with some of the best industry insiders, including @LindsayxLin @leelaughs5x @RSSH273 Ben Gray and Karen Ubell, moderated by my partner @propelforward
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Drew Hinkes retweeted
In honor of a very successful Opening Weekend at PNC Park, we're giving away this team-autographed poster. RT for your chance to win! 🏴‍☠️
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Petition to re-nickname McGonigle as "Goldeneye" (sorry Magoo isn't doing it for me)
Quick Thread: If you have watched any of Tigers 3B/SS Kevin McGonigle's early season ABs, you likely have been quite impressed. With the help of Synergy Sports, a quick look at just how good he's been. Here are all the pitches McGonigle has seen so far.
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Drew Hinkes retweeted
@propelforward explains what the SEC/CFTC guidance says on this here:
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Drew Hinkes retweeted
Prof. Chris Odinet (@ChrisOdinet) and Andrea Tosato of @SMULawSchool co-authored a new book titled "Digital Commercial Law: Private Law in the Age of Tokens, Platforms, and Automation.” 🔗hubs.li/Q048lk-p0
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Drew Hinkes retweeted
The traveling investment contract is the most novel part of the SEC/CFTC's crypto asset interpretation and the most legally vulnerable. Courts are not bound by it and for the most part there is no basis for it in existing law. @propelforward and I addressed this during our recent webinar. Clip below.
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Drew Hinkes retweeted
For those who missed it traveling to DAS, here is the webinar recording to get you through the TSA lines. @propelforward and I break down the SEC/CFTC's interpretation. What it says, what it doesn't, and where the courts are likely to push back. content.winston.com/sitefile…
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Join me and @ThaniaCh for a discussion about what's interesting, what's missing, and what's confounding about the joint SEC/CFTC guidance on digital assets Today at 1pm EST. 🔗Register here: bit.ly/3PNT8rW @WinstonLaw

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Occasionally folks post about escheatment laws. These laws protect consumers by safeguarding abandoned /forgotten assets of various kinds & requiring that they be turned them over to the state, which holds them until the rightful owner /heir claims them. This is a good thing 1/2
‼️Ownership in brokerage accounts is not real ownership!! I have $101 in a Robinhood account that I didn’t log into for ~3 years. The state wants to transfer my money out of my account into the states’ account because I didn’t log in?! Share this so that more people are aware!!
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These laws reduce counterparty risk & ensure that assets are properly accounted for, rather than remaining indefinitely with private parties. Some laws call for the assets to be coverted to cash, which can be problematic if the assets, would have appreciated if not converted. 2/3
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but there's no theft or loss of title here; the assets are still the legal property of the customer. Some states have addressed the conversion problem- CA allows many digital assets to be escheated & held by the state without being force converted to cash.sd13.senate.ca.gov/news/in-t…
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