1. CFTC served papers to Ooki DAO via online forum
The Facts:
- On Tuesday, the CFTC (Commodity Futures Trading Commission) was forced to use an online discussion forum, a highly unorthodox method, to serve a lawsuit against pseudonymous members of Ooki DAO.
- Last week, the CFTC filed a federal civil enforcement action charging Ooki DAO that operates a protocol that offering off-exchange tokenized margin trading and lending services for violating law.
- The CFTC charged Ooki DAO, a successor to bZeroX, for offering illegal, off-exchange digital-asset trading, registration violations, and failing to comply with BSA (Bank Secrecy Act).
- After August 2021, bZeroX transferred control to Ooki DAO feeding the CFTC’s complaint that Ooki DAO and bZeroX are basically the same entity.
Why it’s important:
- Since it is the first ever case from the CFTC against members of a DAO, it might have broad consequences for the whole DAO space and how it gets regulated in the future.
- According to the CFTC describing DAOs as unincorporated associations “not immune from enforcement and may not violate the law with impunity”, token holders that used their governance rights are likely considered to be part of the DAO.
- Therefore, anybody that voted with their governance token might face unlimited liability for illegal activity by the DAO.
- As companies are usually set up limiting the liability of individuals, DAO members might run risk of unlimited liability, as DAOs usually avoid company structures.
- Any DAO that provides regulated services, like margin or leveraged trading or any kind of illegal or sanctioned services will likely be subject to further actions from the CFTC.
- As the DAO space grew massively, now counting 4830 DAOs with $9.6b in their treasuries, 3.9m governance token holders and 698k active voters, new developments in DAO regulation will affect a massiv amount of DAO participants.
- According to crypto lawyer Mathew Nyman, the CFTC puts DAOs in an awkward position, since it’s almost impossible for them to comply with the current rule set.
- Therefore, Ooki’s legal defense and outcome of the case will be of significant importance to the entire DAO space.



