PODCAST · technology
Law of Code
by Jacob Robinson
Understand the legal layer of emerging technology.Conversations with top lawyers, regulators, and entrepreneurs on the laws and policy decisions shaping our future.
Episodes
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#211 - Is AI Distillation Illegal?
Anthropic calls some AI distillation illicit. But is distillation illegal? The answer may depend less on what you do with AI outputs than on how you accessed them. This episode is a deep dive into how courts might rule. We cover X v. Bright Data, what OpenAI's and Anthropic's terms say about who...
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#210 - Cyber Letters of Marque
Cybercrime costs Americans an estimated $200 billion a year, and AI is supercharging it. The U.S. government's newest response is one of the oldest tools in the Constitution, one Congress hasn't used since the War of 1812. This episode covers letters of marque and privateers: their role in the...
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#209 - Vaults
Vaults might be finance's next trillion-dollar opportunity. But what are they? How do they work? What regulation might apply? You'll hear from the creator of crypto vaults, Andre Cronje (Flying Tulip, Yearn), alongside builders Adrian Cachinero Vasiljevic (Steakhouse Financial) and Charles St....
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Interview: SEC Commissioner Hester Peirce on Reg Crypto
Commissioner Hester Peirce joins the podcast to discuss Regulation Crypto Assets, as well as secondary market trading, DePIN and vaults. If you haven't listened to the full Reg Crypto explainer, that's episode 208. This episode is presented by Altitude. Visit altitude.xyz/law to learn more about...
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Interview: The GRANITE Act, explained by Preston Byrne
The GRANITE Act is a two-and-a-half-page bill designed to stop foreign governments from censoring Americans online. Preston Byrne, the Managing Partner at Byrne & Storm, has spent over a decade advising tech companies on free speech questions. His work was instrumental in the introduction of the...
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#208 - Reg Crypto
What is Regulation Crypto Assets? An SEC-led rule proposal that allows projects to raise capital in the U.S. by selling tokens. That's the short answer. The long answer is this podcast. By the end of this episode, you'll understand why these rules were needed, what they say and what could still…
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Interview: OSC CEO Grant Vingoe on Crypto in Canada, Part II
Grant Vingoe is the CEO of the Ontario Securities Commission, Canada's largest securities regulator. Grant explains Canada's approach to crypto and why he sees a careful, incremental approach as a strength. Law of Code is presented by Altitude, visit https://altitude.xyz/law to learn why....
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#207 - Crypto in Canada
How does Canada regulate crypto? This podcast answers that in less than 60 minutes. You'll hear from Grant Vingoe, CEO of the OSC, Eric Richmond, CEO of Coinbase Canada, the Bank of Canada's Anne Butler, McCarthy's Lori Stein, Osler's Matt Burgoyne, Evan Thomas, Dr. Ryan Clements of the ASC and...
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Interview: Legora's Kyle Poe on the Future of AI & Law Firms
Kyle Poe is a former BigLaw partner and currently VP of Legal Innovation and Strategy at Legora, a legal AI startup valued at $5.6 billion. Kyle explains why he sees a generational reordering happening in the legal profession, how firms are best institutionalizing partner knowledge as IP, and…
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#206 - How lawyers are using AI in 2026
By the end of this episode, you'll understand how lawyers are actually AI maxxing in 2026, and how you can, too. Timestamps: 0:00 Intro 1:58 Why it's the best time to be a lawyer 3:03 Hallucinations and cognitive surrender 5:33 Quality over efficiency 8:13 Why AI upends legal work 15:20 60% of...
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#205 - Software & Free Speech
When should software lose free speech protections? This podcast covers software and the First Amendment, tracing the history from Cold War export controls to recent restrictions on advanced AI models. My goal: the internet's most comprehensive explainer on speech and code, from cryptography to...
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#204 - Prediction Markets
Prediction markets are a multi-billion dollar industry, led by companies like Kalshi and Polymarket. They are also controversial. Some want them banned and believe they are operating illegally, while others see them as invaluable truth-seeking markets. This podcast is a multi-hour deep dive on...
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#203 - How the SEC Writes Crypto Rules
How do regulators actually write the rules for crypto? SEC Commissioner Hester Peirce and Taylor Lindman, Chief Counsel of the SEC's Crypto Task Force, take us inside the process, recorded at the SEC offices in Washington, D.C. We cover CLARITY Act rulemaking, lessons from Dodd-Frank,...
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#202 - Perps
Over a trillion dollars worth of perps are traded every month, yet 99% people have never heard of them. Fewer understand how they work. This podcast is a multi-hour deep dive on perps, starting from the history of grain futures in Chicago to a historic CFTC announcement on Friday, May 29, 2026.…
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#201 - The CLARITY Act
What is the CLARITY Act? Maybe the most important piece of financial legislation in a generation. This podcast explains the history of U.S. digital asset regulation, why regulation-by-enforcement failed and what the CLARITY Act addresses, plus remaining steps for this to become law. Guests: Lewis...
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#200 - Money Transmission & Developer Liability
Can the U.S. government send a software developer to prison for writing and publishing code? That's the question at the center of the Tornado Cash and Samourai Wallet prosecutions, and every crypto founder, builder and investor should understand the answer. This deep-dive episode walks through…
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#186 - AI & Legal Privilege
Does attorney-client privilege exist when you use ChatGPT or Claude? Should it? Jacob Robinson sits down with Mike Katz, Partner at Manatt Phelps & Phillips, to examine whether attorney-client privilege, work product or any analogous protection applies when non-lawyers ask AI chatbots legal...
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#185 - Why Circle should freeze USDC, with Austin Campbell
When does U.S. law require Circle to freeze USDC? It's a question many are asking after a series of wallets were frozen in connection to a sealed civil case, and again after Solana's Drift Protocol was drained of $285 million. Jacob Robinson is joined by Austin Campbell, founder of Zero Knowledge...
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#184 - Transaction Denied: Rainey Reitman on Financial Censorship
What are the risks of allowing financial institutions to cut off access to the economy for lawful but controversial activity? Rainey Reitman is a civil liberties advocate and the author of Transaction Denied, a comprehensive investigation into debanking, financial censorship, and the growing role...
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#183 - A founder's playbook for new SEC crypto guidance
What should crypto founders know about the SEC and CFTC's joint interpretive guidance on securities law? Joining to discuss is Joe Doll (@Sh0edog), Counsel at Day One Law and previously General Counsel at a crypto startup. Joe wrote a detailed breakdown of the guidance aimed at founders, which we...
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#182 - Lewis Cohen explains new SEC & CFTC token guidance
When does transacting in a crypto asset become a securities transaction? The SEC and CFTC recently issued an interpretation clarifying how the federal securities laws apply to certain crypto assets and transactions involving crypto assets. Joining to discuss that is Lewis Cohen, co-chair of...
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#181 - Fixing crypto's banking bottleneck with Aaron Brogan
Can new “payment accounts” with the federal reserve solve the crypto industry’s banking problem? Aaron Brogan is the founder and managing partner of Brogan Law, where he advises crypto companies on regulatory strategy, transactions, and policy. He also works with industry groups like the…
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#179 - This month in crypto law: March 2026
What were the most important legal and regulatory developments in crypto this month? In this episode, we review developments from stablecoin rulemaking and DeFi liability cases to the ongoing fight over prediction markets. Jonathan Schmalfeld is Director of Policy at The Digital Chamber, where he...
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#178 - What a crypto lawyer learns from campaigning for New York Attorney General with Khurram Dara
What happens when a crypto policy lawyer decides to run for one of the most powerful regulatory positions in the United States — New York Attorney General? Khurram Dara is a former policy team member at Coinbase and regulatory policy principal at Bain Capital Crypto. After years working in crypto...
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#177 - Explaining the misnomer of 'Code is Law' with Andrew Hinkes, Andrea Tosato, and Carla Reyes
If blockchain systems can automatically enforce transactions, does that mean code itself determines legal rights and ownership? Carla Reyes and Andrea Tosato are professors researching digital assets at the SMU Dedman School of Law and Andrew Hinkes is a partner at Winston & Strawn LLP. Together...
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#176 - In the weeds on U.S. market structure regulation with Gerald Gallagher
What role are ethics provisions and stablecoin yield debates, playing in shaping — or potentially delaying — U.S. crypto market structure legislation? Gerald Gallagher is General Counsel at Sei Labs and co-host of the Crypto in America podcast, where he covers crypto policy, regulation, and legal...
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#175 - On-chain fundraising with Gabe Shapiro of MetaLex
Can companies raise capital and issue securities directly on-chain without intermediaries or lawyers? Gabe Shapiro is the founder of MetaLeX and a longtime crypto lawyer focused on tokenization, legal automation, and decentralized capital markets. Timestamps: ➡️ 1:20 — Stablecoins, DeFi “kill...
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#174 - Crypto's market structure moment, with Bill Hughes of Consensys
Crypto’s current policy window in Washington is a rare opportunity to pass market structure legislation. What happens if the industry walks away from a compromise now? Bill Hughes, Senior Counsel and Director of Global Regulatory Matters at Consensys, joins the podcast to discuss crypto market...
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#173 - Understanding token compensation with Jessica Furr and Brandon Ferrick
How should employees, contractors, and companies think about token compensation? What are the legal, tax, and governance risks? Jessica Furr is a lawyer focused on crypto compensation, governance, and market structure, and the author of Read the Fine Print on Token Compensation. Brandon Ferrick…
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#172 - Interview on the legal side of prediction markets with Samir Patel
How do prediction markets actually work, and why are state gaming regulators and the CFTC battling over who has jurisdiction to regulate? Samir Patel is an attorney at Holland & Knight, where he focuses on gambling law, prediction markets, and the intersection of crypto, derivatives, and state...
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#171 - Why the CFTC is the best regulator for crypto with former Chairman Chris Giancarlo
What could the future of U.S. crypto regulation look like from the CFTC—and how should regulators approach tokenization, prediction markets, and stablecoins as digital finance moves on-chain? Chris Giancarlo is Senior Counsel for Corporate and Financial Services at Willkie Farr & Gallagher and…
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#170 - The future of crypto custody with Sarah Helena Brennan and Jay Stolkin
Why are crypto custody rules for registered investment advisors due for modernization — and what could a future-proof framework look like? Sarah Helena Brennan is the General Counsel for Delphi Ventures, and Jay Stolkin is the Deputy General Counsel at Multicoin Capital. Timestamps: ➡️ 0:05 — Why...
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#169 - Drew Hinkes shares 2026 crypto law predictions
What should the industry be watching in 2026? Drew Hinkes is a partner at Winston & Strawn and a longtime crypto lawyer whose work spans DeFi, market structure, tokenization, and digital asset regulation. Timestamps: ➡️ 1:53 — Tokenization, RWAs, and institutional crypto’s next phase ➡️ 4:00 —...
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#168 - December crypto regulatory developments in review with Jonathan Schmalfeld
In this episode, Jacob Robinson and Jonathan Schmalfeld break down the biggest U.S. crypto law and policy developments of the month, from the SEC’s moves toward bringing public markets on-chain to major CFTC moves on derivatives, prediction markets, and collateral. The conversation also covers...
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#167 - Is Canada Ready to Regulate Stablecoins?
In this episode, Jacob Robinson speaks with Odun Olowookere about Canada’s proposed Stablecoin Act, the constitutional and regulatory challenges it raises, and why critics argue it may reduce clarity rather than enhance it. Odun Olowookere is a legal scholar at York University and the co-author…
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#166 - Can DeFi scale without sacrificing neutrality or permissionlessness?
DeFi has always promised trust without intermediaries, but as the ecosystem matures, that promise is being stress-tested by hacks, institutional risk limits, and regulatory pressure. To unpack whether DeFi can scale without sacrificing neutrality or permissionlessness, Katherine Kirkpatrick Bos,...
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#165 - Key developments in U.S. crypto law & policy with Jonathan Schmalfeld
In this episode, Jonathan Schmalfeld and Jacob Robinson walk through the biggest crypto law and policy developments of the month of November. Jonathan is the Policy Director at The Digital Chamber, where he leads federal and state advocacy on digital asset regulation. Timestamps: ➡️ 1:19 — Senate...
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#164 - Greg Xethalis on market structure legislation, history of crypto ETFs
Greg Xethalis, General Counsel at Multicoin Capital joins the podcast to discuss the history of ETFs, what we can learn from the first Bitcoin ETF, and the interplay between the CLARITY Act and RFIA. This episode also covers the challenges of disclosure in decentralized systems, and why...
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#163 - TradFi's push on stablecoin regulation, J.W. Verrett's response
After the GENIUS Act was enacted, the U.S. Treasury issued an Advance Notice of Proposed Rulemaking to gather public and industry input before drafting implementing regulations. Some of the most influential submissions came from major banking and traditional finance associations, outlining how…
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#162 - Crypto ETF staking safe harbor explained by tax expert Jason Schwartz
Staking is now officially on the table for U.S. crypto ETFs. In this episode, I’m joined by Jason Schwartz (@CryptoTaxGuyETH), a tax partner at CahillNXT, Cahill’s digital assets and emerging technology practice. Jason specializes in tax issues relating to digital assets, financial products,...
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#161 - Jason Gottlieb on litigation trends, relevant statutes of limitations
In this episode, Jason Gottlieb, Chair of Morrison Cohen’s Digital Assets Department and White Collar & Regulatory Enforcement Practice Group, breaks down the litigation trends shaping crypto today. Timestamps: ➡️ 0:44 — Why litigation is shifting from regulators to private disputes ➡️ 3:37 —...
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#160 - DoubleZero's historic no-action letter from the U.S. Securities and Exchange Commission
In this episode, Jacob is joined by DoubleZero’s General Counsel, Mari Tomunen, and Cooley’s Connor Tweardy to unpack the U.S. SEC’s Division of Corporation Finance’s landmark no-action letter to DoubleZero, a decentralized physical infrastructure (DePIN) project that became the first crypto...
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#159 - On-chain transfer agents and compliance, with Fairmint CEO Joris Delanoue
Joris Delanoue, Co-CEO of Fairmint, joins the podcast to discuss how his SEC-registered transfer agent has already issued and managed over $1B of equity on-chain. We explore the legal distinctions between mirrored tokens and natively on-chain securities and how compliance can be built directly…
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#158 - Masterclass on the GENIUS Act, stablecoin regulation with Austin Campbell
Stablecoins are no longer a side story — they’re on the path to becoming the backbone of global digital finance. To unpack what the GENIUS Act means for the U.S. dollar, stablecoin issuers, and banking competition, I sat down with Austin Campbell, Founder and Managing Partner of Zero Knowledge...
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#157 - History of the DUNA, with David Kerr of Cowrie
DUNA — the Decentralized Unincorporated Nonprofit Association — is one of the most important new legal structures for crypto governance. To understand its history, tax implications, and jurisdictional trade-offs, I sat down with David Kerr, founder of Cowrie, a crypto-native advisory firm...
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#156 - DOJ enforcement and developer liability, with Amanda Tuminelli of the DeFi Education Fund
DOJ Criminal Division Chief Matthew Galeotti recently stated: “Merely writing code, without ill intent, is not a crime.” He emphasized that developers of neutral tools should not be held liable for someone else’s misuse. Joining me to unpack what this means for developers is Amanda Tuminelli,...
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#155 - Anchorage Digital's Kevin Wysocki on the Future of U.S. Crypto Policy
Sponsor: This episode of the Law of Code podcast is brought to you by Day One Law, a boutique corporate law firm for founders and funds in crypto. Learn more at dayonelaw.com. The regulatory winds in Washington have shifted dramatically, and Anchorage Digital has been in the middle of it all....
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#154 - Uniswap’s DUNI Governance Proposal, with Brian Nistler & Rodrigo Seira
This episode is brought to you by Day One Law, a boutique corporate law firm helping crypto startups navigate complex legal challenges. Visit dayonelaw.xyz to get in touch, or subscribe to their free newsletter for crypto legal updates. Show notes: In early August, the Uniswap Foundation...
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#153 - Peter Van Valkenburgh on the Roman Storm trial, future of peer-to-peer crypto
The Roman Storm trial ended with one guilty verdict, raising big questions about what comes next for developers and open-source protocols. To unpack the implications, I’m joined by Peter Van Valkenburgh, Executive Director of Coin Center. Coin Center is hosting their annual dinner on Thursday,...
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#152 - Crypto tax trends, with Jason Schwartz of CahillNXT
Crypto tax expert Jason Schwartz joins the podcast to break down what founders get wrong about taxes — and what’s changing in 2025. Jason is a partner at Cahill NXT, where he specializes in the tax treatment of digital assets, financial products, and decentralized protocols. In this episode, he...
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ABOUT THIS SHOW
Understand the legal layer of emerging technology.Conversations with top lawyers, regulators, and entrepreneurs on the laws and policy decisions shaping our future.
HOSTED BY
Jacob Robinson
CATEGORIES
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Frequently Asked Questions
How many episodes does Law of Code have?
Law of Code currently has 200 episodes available on PodParley. New episodes are automatically indexed when they're published to the podcast feed.
What is Law of Code about?
Understand the legal layer of emerging technology.Conversations with top lawyers, regulators, and entrepreneurs on the laws and policy decisions shaping our future.
How often does Law of Code release new episodes?
Law of Code publishes regularly with 200 episodes available. Check the episode list for the typical release schedule.
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You can listen to Law of Code on PodParley by clicking any episode. We provide an embedded audio player for direct listening, and you can also subscribe via your preferred podcast app using the RSS feed.
Who hosts Law of Code?
Law of Code is created and hosted by Jacob Robinson.
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