More important as a practical matter than whether the DAO is a "person," the CFTC's statement emphasized that the controlling individuals of the DAO were liable for its debts.  

The background to the MFA brief is theexpanding the definitions of "broker" and "dealer" by further defining the term "as part of a regular business." The SEC's proposed rule is a wholly inappropriate rewriting and expansion of the statute. It is beyond the SEC's authority. Even if the SEC had such authority, the analysis in the proposed rulemaking, particularly on the cost-benefit analysis, is completely deficient.  

Chair Gensler's statement raises the question as to why the SEC allowed Coinbase to register with the SEC and to have shares listed on Nasdaq. If Mr. Gensler believed that Coinbase's operations were illegal, then the SEC should have refused to register the securities or charged Coinbase with a crime at the point it sought to go public, if not before that. It seems unlikely to be the case that the SEC expected Coinbase to register as an exchange once its securities were listed on Nasdaq, and…

Though much of this release focuses on the electronic format by which data would be reported going forward, the changes to the information that must be reported is the more significant issue and the one to which firms should attend.