Poll

What is the best policy for market enforcement?

Exchanges implement strict rules and guidelines

45% - 10
Market will police itself

27% - 6
3rd Party Governing Body

9% - 2
Other

18% - 4
Total: 22

#1 2008-06-04 15:03:15

cockydagger
Administrator
From: Simpsonville, SC
Registered: 2008-02-24
Posts: 2389
Website

What is the best policy for market enforcement?

A question was posed to me recently in pm about my philosophy on exchange management.  I think it's pretty obvious which way I lean.  I'll explain my feelings on the subject in a couple of days but before I do, I am interested to see how others feel.  Please give it some thought before taking the poll.  Sometimes issues can be more complicated than they appear and I would say the obvious choice is not always the best choice.  I actually started out early on with one belief and time and experience has caused me to do a 180 from where I was at.  It's a very interesting question to me and hopefully this poll will lead to some good discussion.


I don't want to achieve immortality through my work... I want to achieve it through not dying.

Woody Allen

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#2 2008-06-04 16:34:30

DukeMercy
Long Term Investor
Registered: 2008-02-27
Posts: 276

Re: What is the best policy for market enforcement?

Absolutely no third party governing body, they just don't work and are rarely objective.

I am actually more of the strict rules and guidelines, but only if they can be enforced in an efficient way. Uncontrollable bureaucracy is in noone's interest and just doesn't work. This means that you should attempt to keep the amount of rules and procedures to a responsible but adequate minimum.

Also, I believe any exchange should take more preliminary action when important/controversial things happen (i.e. at the time of Jasper Tizzy massively selling his own share for example): there's noone else who has the power to do anything there and I feel it is the obligation of the exchange to act fast in those cases. It is better to take unnecessary preventive action than end up with a scandal later. First act and then talk, rather than first talk and then act.

The IPO process is also a good compromise to partially let the market police itself, while also keeping a close eye from a distance.

I also strongly believe a close eye should be kept on CEO / company insider trading and especially on the sale of a massive amount of shares. You should have reasonable safety measures in place in case some CEO suddenly dumps a lot of shares and attempts to withdraw all the proceeds. I don't say CEO's aren't allowed to sell their shares. I say it has to happen in a controlled manner.

And generally you can learn a lot about what's going on and what needs your attention by simply reading what people say around here (and not unimportant: who says it). That and common sense should be enough for most situations.

Lastly, you can never make a completely fool proof system, as much about SL investing boils down to trust in the end. Nevertheless you can make many precautions as well as use common sense to prevent against most (obvious) frauds and scam artists.


Sold off all my holdings. The current market is just too small for my goals. Furthermore, the risk, including the general risk of the L$, is simply too large.

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#3 2008-06-04 20:08:34

InsouciantYue
Moderator
From: Network 23
Registered: 2008-02-27
Posts: 2105

Re: What is the best policy for market enforcement?

Whoops, I shouldn't have read Duke's excellent post first...  But besides saying I largely agree, I'm trying to "back up" a moment and say what I think.  I like that a good market will police itself, within good limits.  Thus, I think the exchange can/should be involved rather than totally hands-off, but the involvement should be when something has dramatically changed quickly and the best action taken is to slow down or halt so things can be examined... and above all, exchange actions must be seen to be fair in past and futrue expected actions and circumstances.  This "demonstrated fairness" is partly achieved by reputation and partly by having "the rules and guildlines" very public and visible to all. These rules' limits should not be "hit/activated" often, but when there is "exchange intervention", it should be no secret.  The other component of a "good self-policing" exchange is to have good people attracted and active in it (CEOs, Officers, and Investors) without it becoming a "clique" or closed or standoffish.  I think ISE is succeeding in this slowly, and I'm not sure how to make it grow faster and yet attract "good investors".  (Swarming brings in a lot of people with money looking for a fast growing portfolio, but without sustainability and investors who research and are informed about what they are investing and participating in, I think there is more [too much] liklihood of stock failure or attraction of short term scam oriented stocks and CEOs)/


"People who work for a living should live better than those who don't."

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#4 2008-06-04 20:11:03

InsouciantYue
Moderator
From: Network 23
Registered: 2008-02-27
Posts: 2105

Re: What is the best policy for market enforcement?

I want to add under "police itself" that this means the users/investors/CEO do have a say in requesting a change -- to add or strike down any rule. Very little should be "set in stone subject soley to the dicatorial exchange owner".  But what rules there are should be applied evenly and quickly - this makes them fair while they are in force.


"People who work for a living should live better than those who don't."

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#5 2008-06-05 04:41:21

HairAkebono
Day Trader
Registered: 2008-02-27
Posts: 54
Website

Re: What is the best policy for market enforcement?

I have to say that I'm in the Strict Rules and Governing block. Probably controversial I know but part of the reason is that I'm a cynic when it comes to Markets policing itself. I also subscribe to the asymmetric information theories that economists like Joseph Stiglitz and George Akelof are proponents, with regards to the idea markets can stall if parties don't have access to all the information.

I sort of take it one step further in the sense that a market can only police itself, if all the people involved have the same level of information and data. Otherwise to put it in Akerlof's words it just becomes a market for lemons.

Unfortunately given the nature of Second Life and its anonymity, that kind of transparency in information isn't quite there yet. And so I do think the exchange will need to play its role in policing companies.

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#6 2008-06-05 05:51:31

tomprospero
Day Trader
Registered: 2008-02-27
Posts: 53

Re: What is the best policy for market enforcement?

Exchanges have to have srtict rules and guidelines, and these rules must be impartially and rigourously enforced.  On some exchanges in SL (not this one, as far as I know)  there has been absence of rules or rules have been 'enforced' in a very random manner that some would regard as favouratism or nepotism.  The market cannot regulate itself - rules should be clear and enforced in a transparent manner.

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#7 2008-06-05 09:28:32

yaniklytton
Long Term Investor
From: Montreal, Canada
Registered: 2008-02-27
Posts: 309

Re: What is the best policy for market enforcement?

I will add my vote for the Exchange rules and guidelines. And I'm pretty sure Linden Labs would appreciate it also. We should keep in mind that there are 3 different parts in it: rules and guidelines; enforcement; penalties.

Rules, like Duke said, should be kept to an adequate minimum, while still being clear and concise. It shouldn't led to interpretation.

Enforcement should be quick and efficient. Favouritism abounds on other exchanges.

As for penalties, i'm not sure about it. I'm more into rewarding than punishing. You can make speeding tickets 5000$, but if you drive a Porsche at 250km/h, you can surely afford a lot of those. So i would like to see something like "you trade by the rules, or you don't". No grey in between. I know that halting a company is not a popular action. It affects all shareholders. But sometimes its the only way to wake up the CEO, and show him/her that this is a serious matter.

/me looks up for a Sherrif's badge in her inventory, and hand it out to Cocky. Cute! wink

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#8 2008-06-06 08:43:04

cockydagger
Administrator
From: Simpsonville, SC
Registered: 2008-02-24
Posts: 2389
Website

Re: What is the best policy for market enforcement?

Thanks everyone for posting, I am going to leave it open for a few more days before I post.


I don't want to achieve immortality through my work... I want to achieve it through not dying.

Woody Allen

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#9 2008-06-06 09:59:51

KonnerMcDonnell
Long Term Investor
Registered: 2008-05-30
Posts: 311

Re: What is the best policy for market enforcement?

I've been a supporter for 3rd party governmental regulation in my relatively brief time here. Theories abound as to whether it's even possible. My own opinion is if one governing entity or the other were to step in right now, they'd forbid the whole process or demand changes so extreme none of the current exchanges would survive.

Self-regulation would be a good beginning point for an exchange or exchanges to set themselves apart from others. I think an exchange or two that was self-regulated but lacked protections only a 3rd party governing entity could provide would strengthen the case for preserving virtual exchanges, especially if there were others that were wholly unregulated with a CEO, for example, that just took whatever they wanted.

Though, to respond specifically to Andy, dabbling in an unregulated/unenforced  environment tacitly implies acceptance that enforcement may come at some point.  Enforcing rules legislatively or otherwise would be a matter of preventing/reducing future harm to potential users, which, of course, would almost certainly outweigh the current number of virtual exchange user. Of course, that 'harm' may be not necessarily be to curent/future shareholders, but the governments that aren't getting a piece of the action.

Depending on who you ask, we're a long way from governmental regulation of virtual exchanges. I would disagree with them. I think upcoming events will lend to that cause much more quickly than we expected. Well, some of us anyway. For now, I think exchanges may aid themselves by trying to 'set the standard.' If for no other reason than being attractive to more credible companies wanting a certain clientele.

Just my unsubstantiated opinion. Good poll, Cocky.

Last edited by KonnerMcDonnell (2008-06-06 15:05:03)

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#10 2008-06-06 13:57:58

DukeMercy
Long Term Investor
Registered: 2008-02-27
Posts: 276

Re: What is the best policy for market enforcement?

As far as enforcing rules, can it be done without further harming investors ? If the answer is no, then such enforcement should not take place (except if, and ONLY if majority of the shareholders agree that the ceo has to be punished).

I disagree strongly, this is one of the main reason why evident fraudulent stocks and companies can remain around for so long. To give an extreme, but clear example: it is never really in the shareholders interests to take action against scam artists, since their shares will proof to be worth L$0.00 a piece then (while that is actually their only right value).

The lack of adequate action when required is much more of an issue than is protecting shareholder value. If the exchange's actions are going to be taken based on whether it is good for the current shareholders, you'll never get a good system and you'll essentially be deceiving new investors.

Protecting shareholder value is definitely NOT the exchange's main purpose. The exchange's main purpose is to provide a genuine and fraud free investing environment to investors as a whole, without favorism towards old or new shareholders. The exchange should do all it can to prevent wide-spread scandals and take action as fast as possible when dubious situations arise.

Shareholder value should come from the company itself and if a certain CEO makes mistakes or deceives the investor population as a whole, then yes, the current shareholders are punished too. This is not different in RL at all.

You can't expect anyone else to take the loss caused by an inappropiate or fraudulent CEO. It is YOUR decision to invest in a company and if you have a bad feeling about the CEO of the company you should clearly not invest in it at all. The responsibility of your investment is completely yours too and you should not attempt to move that away to the exchange, who has nothing to do with it.


Sold off all my holdings. The current market is just too small for my goals. Furthermore, the risk, including the general risk of the L$, is simply too large.

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#11 2008-06-06 16:04:48

DukeMercy
Long Term Investor
Registered: 2008-02-27
Posts: 276

Re: What is the best policy for market enforcement?

Locking a CEO's exchange account because of suspicious transaction behaviour can prevent him dumping a lot more shares to unaware investors and withdrawing money from his account. If it is a fraud, that money can then be redistributed to the shareholders, for example.

My point is, what is the point ? If shareholder value will vanish why regulate it when it can vanish without regulation ?

Because the chance that the shareholder loss will be large is much smaller when you start regulating things a bit than when you don't. Ginko is a good example there - huge scandal, because nothing was regulated. Ofcourse, any exchange itself can easily pull such a scandal too (and I guess you can say various clearly do so, generally in a little less obvious way).

And as you say if an investor has a bad feeling about a ceo or a company, well i happen to have a bad feeling about all of them lol, delicious demar, travis ristow and cocky dagger including (but then i also have a bad feeling about rl companies about 99,99% of them including microsoft).

Well it is clear that you, as the investor, assume all risks in the investing environment. I can understand you don't trust many people as I don't either and with the ones I do trust I can always say that you can never be 100% sure. If you can't deal with that, then I don't think this investing is for you, because you'll never be able to deal with certainities around here. SL is anonymousity to the max. The fact that extremely large scandals like the whole Sub-Prime mess etc in RL can happen, should give you a good idea about what to expect from a completely unregulated, anonymous and unverifiable environment as SL.


Sold off all my holdings. The current market is just too small for my goals. Furthermore, the risk, including the general risk of the L$, is simply too large.

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#12 2008-06-07 10:07:21

roddersholgado
Long Term Investor
Registered: 2008-02-28
Posts: 169

Re: What is the best policy for market enforcement?

So many people have tried to setup a regulatory entity and it has been a miserable failure, the reason is quite simple:

There are no punishments that you can enforce on offenders.

So I laugh at anyone who tries to impose their will on others, Eliale Moragi tried this with his Rock Insurance, whilst it was a profit concern he was also trying to act like God passing judgement on people. He was stung by Jasper Tizzy and then the banking ban, where is he now??

I think it's up to the stock exchanges and investors themselves to regulate the market. So far the best idea that has come forward to help prevent fraud is Cocky's procedure in that ISE IPOs are voted on and discussed before they they are listed. It's not perfect, but it's a step closer to protecting the investor.

At the end of the day not even RL regulations prevent all fraud and loss (Worldcom, Onetel, Ansett to name a few) so it's up to the individual investor to take measures to protect themselves.

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#13 2008-06-07 17:23:58

elialemorigi
Long Term Investor
From: Milan - Italy
Registered: 2008-02-27
Posts: 670
Website

Re: What is the best policy for market enforcement?

always here Rod :-)

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#14 2008-06-08 05:34:17

roddersholgado
Long Term Investor
Registered: 2008-02-28
Posts: 169

Re: What is the best policy for market enforcement?

Hi Eliale,

So tell me, what failing business plan are you working on now??

Also, remember how you put all that faith into finding out someones RL address, thinking they have to be "safe". I changed addresses 5 times in 3 different countries, 12,000 miles apart whilst the Rock was opened for business, oh, and I'll be moving address again within the next 6 months. Why you put so much faith into Jasper Tizzy is beyond me, oh well, you paid the price for that.

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#15 2008-06-08 09:05:26

elialemorigi
Long Term Investor
From: Milan - Italy
Registered: 2008-02-27
Posts: 670
Website

Re: What is the best policy for market enforcement?

The Rock, before the banking ban, was working properly and without any external support.

I was the first one  to recognize that is was a pioneer project with a lot of variables and dangers, that is why, even though it was suggested, I never asked or risked someone else money through a public IPO.
 
Therefore, any mistake, or “learning lesson” did not affect the public but it was 100% covered by me.
 
I agree with you that the system was far to be perfect but, it was an evolving experiment looking to find a way to create some order in the financial community.

At least I tried, did you?  Probably too busy in moving from one side of the planet to the other……

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#16 2008-06-09 01:53:50

roddersholgado
Long Term Investor
Registered: 2008-02-28
Posts: 169

Re: What is the best policy for market enforcement?

Sorry to burst your bubble there Eliale but I actually beat you to the punch and recognised long before you the variables and dangers of running an insurance company in SL, especially in banking, that's why I didn't proceed with the venture.

What I found grossly offensive about your conduct was that you would ask for people RL location when, we didn't know who you were, we had no way of verifying your character, and we gained nothing from revealing our RL identities and we opening ourselves up to RL slander that was a path I was not going to go down. When people refused to give you their RL identity you resorted to SL slander and threats. My comfort there was that Jasper Tizzy fleeced you, a mere 1 week after verifying his identity.  Your attempt to "create some order"   was unable to prevent LL banning all banks............................good job, well done. I prefer to just run an honest and ethical business whereby my stakeholders earn a few lindens, that to me is the best way to "create some order" within the SL economy.

And yes I have moved from one side of the planet to the other, and then back again. I lived in 3 different countries in 2007 alone, I moved away from my home country for a period of 4 years. It's was greatest thing I've ever done, it's called life experience, I suggest you get some there's a big world outside of Milan and corrupt football teams that represent your city. Get out more.

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#17 2008-06-09 06:36:03

DukeMercy
Long Term Investor
Registered: 2008-02-27
Posts: 276

Re: What is the best policy for market enforcement?

So many people have tried to setup a regulatory entity and it has been a miserable failure, the reason is quite simple:

There are no punishments that you can enforce on offenders.

While the inability to actually enforce punishments on offenders is a serious shortcomming, I do believe a regulatory organization that actually builds up reputation over time could gain "some" power (due to the power of people voting with linden dollars), if it can also reach enough SL investors. This takes a lot of effort, patience and simply time though, and even then the power gained remains very limited.

However, the main reason why I believe all regulating organizations that existed have failed is because none of them was objective. In fact, all of them were completely the opposite: they were extremely biased. No wonder why, as there's a lot of money to be made with a biased regulatory organization that some people will inevitably believe in.

In that sense, most regulatory organizations that exist(ed) were frauds themselves. How ironic.


Sold off all my holdings. The current market is just too small for my goals. Furthermore, the risk, including the general risk of the L$, is simply too large.

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#18 2008-06-09 08:20:17

elialemorigi
Long Term Investor
From: Milan - Italy
Registered: 2008-02-27
Posts: 670
Website

Re: What is the best policy for market enforcement?

Rod, rod, you must be very young to be so impulsive........  oh! btw, I do not like football! 

cheers!

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#19 2008-06-09 08:58:48

roddersholgado
Long Term Investor
Registered: 2008-02-28
Posts: 169

Re: What is the best policy for market enforcement?

My age is not important (I'm not that young), one thing is certain Morigi, I'm a lot smarter, educated and cultured than you..............................not that being smarter than you is anything to write home about.

Now run along and work on your next failed venture.

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#20 2008-06-09 10:37:23

roddersholgado
Long Term Investor
Registered: 2008-02-28
Posts: 169

Re: What is the best policy for market enforcement?

Duke,

Way back in the days where the WSE had just opened (The 8th time, I think, it really did open for real that time), I found myself chairman of an angry mob trying to set up a regulatory body. I lasted 24 hours before throwing the towel in (and thank god I did), the problems were:

- Lack of education in the average SL resident. Let's face it, if you are educated in the regulatory field you're not going to waste your time in SL doing it for free, risking your professional reputation. So we were left with a few people who meant well and tried hard with good ideas, but there were drowned out by other people with no accounting knowledge whatsoever who just argued and bitched about pointless matters. I think at one point we spent 30 minutes on "who was going to be the scribe of the organisation", too bad there wasn't an actual organisation as yet, or organisation direction, mission statement, name, but hey, we had a scribe!!!!
- Very little policing ability, if any
- I also looked at the model of one of "education", rather than enforcement. In other words if a company stepped out of line they we would educate the public. Again no interest, and the problem being the SL public, whilst they have extraordinary building abilities far beyond anything I can do, they could not careless about accounting standards etc. I think the point is made in that I'm an accountant, and I couldn't careless about accounting standards and regulation it bores me senseless, I let others with no life worry about that, and I just read their summarised findings, so what hope did we have of making the average SL resident take notice.

I think our only victory was were managed to destroy Luke Connell regulatory body "SIC", which was obviously a sham, how can an exchange regulate itself??

I think you're right in that a regulatory body, with some policing abilities is possible, but the effort of doing it, it's just not worth it.

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#21 2008-06-09 14:03:39

DukeMercy
Long Term Investor
Registered: 2008-02-27
Posts: 276

Re: What is the best policy for market enforcement?

Heh yeah, I completely agree with you, I was straining a bit into the theoretical in my previous post rather than the practice. But oh well, in my first post in this thread it was already pretty clear that I am completely against regulatory organizations like they'd work in practice. smile


Sold off all my holdings. The current market is just too small for my goals. Furthermore, the risk, including the general risk of the L$, is simply too large.

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#22 2008-06-10 20:37:56

cockydagger
Administrator
From: Simpsonville, SC
Registered: 2008-02-24
Posts: 2389
Website

Re: What is the best policy for market enforcement?

To keep debate going, I will now talk about what is obvious.  I have moved to a stance of let the market police itself.  This appears to be in stark contrast to what every other exchange is doing and my own initial beliefs on the subject when I first started out.  The reasons for my change are many.  But the most overwhelming belief to me is that the market has a collective intelligence that is greater than one person or a small group.  The SLEC was an attempt to hand off this regulation to a small group but obviously it didn't work.  Conflicts of interest made the SLEC's existence impossible.  The same conflicts of interest also makes it impossible for one person to do the job.   

My first test of having to regulate the exchange came with Jasper Tizzy.  The truth is I knew something was terribly wrong but there was nothing I could do.  I talked to the people closest to me for advice and felt that even they didn't believe me.  I quickly realized my problem as one individual.  So I started working on developing the tools to put in the hands of the members of the exchange to allow the market to police itself.  I added comments to the press releases, revealed the trades of the CEO, and revealed alt trading.   

The next big piece of the puzzle was the forums.  I didn't want to do forums early on to allow 3rd parties to spring up and fulfill this need.  Instead I linked each company to a 3rd party forum dedicated to SL finance.  I did this so that I would not have to deal with  my own conflicts of interest managing forums.  This was a mistake and one that I corrected with the addition of these forums.

There isn't a right answer but I believe the success of SL finance depends on a collective market intelligence regulating itself.  Instead of taking a heavy handed approach, I have tried to create the software to allow that to happen.  I hope I am succeeding because I feel it is the right path.

I would like someone to prove me wrong that allowing the market to run itself is wrong but to me the empirical evidence suggests it is the best way.


I don't want to achieve immortality through my work... I want to achieve it through not dying.

Woody Allen

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#23 2008-06-11 04:04:45

elialemorigi
Long Term Investor
From: Milan - Italy
Registered: 2008-02-27
Posts: 670
Website

Re: What is the best policy for market enforcement?

What you are saying is right but, sometimes, a wise exchange intervention is good.

Take as an example when you introduced rule 144 (not sure is the right number) scammers (I exclude Bart) left right away ISE and they did a lot of damages in other places preserving ISE.....

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#24 2008-06-11 04:47:58

DukeMercy
Long Term Investor
Registered: 2008-02-27
Posts: 276

Re: What is the best policy for market enforcement?

Cocky, I agree mostly with your viewpoint, except that I do believe an exchange needs to intervene at certain times, because they are the only one with any actual power to take action. Investors have no power at all, while scam artists have a lot of power too. Therefore I believe more in a system were rules are relatively loose (like I said: keep them to an adequate minimum), but where the exchange owner does keep a close eye on everything that is posted everywhere, and where he investigates/closely tracks anything that alerts his warning sensors.


Sold off all my holdings. The current market is just too small for my goals. Furthermore, the risk, including the general risk of the L$, is simply too large.

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#25 2008-06-11 08:45:13

cockydagger
Administrator
From: Simpsonville, SC
Registered: 2008-02-24
Posts: 2389
Website

Re: What is the best policy for market enforcement?

Sure, an exchange does have to step in and isn't free of responsibility. but I would prefer to see the members, as a majority, of the exchange proactively step in.   Any effective regulation has to come from the members of the exchange.


I don't want to achieve immortality through my work... I want to achieve it through not dying.

Woody Allen

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