SEC’s Action Against Decentralized Exchange Raises Constitutional Questions A recent public statement from the U.S. Securities and Exchange Commission implied that those engaged in writing and publishing code might need to worry about running afoul of securities laws. In its statement about the cease and desist order against the co-founder of decentralized cryptocurrency exchange EtherDelta, the SEC indicated that someone who simply “provides an algorithm” might be found to be running a securities exchange. In the order itself, the SEC stated that EtherDelta’s creator had violated securities laws because he “wrote and deployed” code that he “should have known” would contribute to EtherDelta’s alleged violations. EFF today sent a public letter reminding the agency that writing and publishing code is a form of protected speech under the First Amendment, and that the courts don’t take kindly to government agencies requiring people to obtain licenses before exercising their free...