The DeFi Education Fund , a Washington, D.C.-based lobbying group focused on decentralized finance issues, has joined a group of crypto lawyers in arguing that the Commodity Futures Trading Commission should not be allowed to serve the defendants of a lawsuit merely by posting on a website.as a friend of the court on Monday, arguing that the way the CFTC is approaching the question of service"could chill novel and innovative forms of software development.
The CFTC asked Judge William Orrick, of the District Court for the Northern District of California, to rule that a forum post and a website help chat bot submission were sufficient to properly serve notice to Ooki DAO and its members that they were the named defendants in an ongoing enforcement action.At issue is the definition of just who is a member in a DAO.
"In many cases, DAOs lack any central organization or management, and many DAO token holders often lack coordination or common objectives. As a result, DAOs will often not be 'associations' of any kind, and therefore will not be proper defendants in an enforcement action brought under the Commodity Exchange Act , which requires that a defendant be a 'person' ," the DEF's filing said.
In a statement shared with CoinDesk, a spokesperson said,"If the CFTC is allowed to proceed in, what we view as, a misguided method of service that deprives the Ooki DAO token holders their right to due process, then it would not just result in a serious misjustice, but also will chill novel innovation and innovative forms of governance and software development in the United States."
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