Public Policy Objective #2 - (Qualified) Public Address
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Using the COALA Model Law for DAO (drllau [commentary] ) iterate over LexDAO's policy stance wrt DAO legislation (continuous improvement) with the latest Wyoming LLC DAO [amendment] for hackathon.
DAO Identifiability
COALA commentary
in a majority of jurisdictions, this identifiability requirement is met by giving a
company a unique name that distinguishes it from other companies, a unique
identification number and a registered office address, which can be used to find the
company in a business register. A search of such a business register usually
provides the name of at least one of the directors of said company. Through the
formation requirements mentioned in this Article 4, we strive for regulatory
equivalence by meeting this identifiability objective, while also acknowledging the
unique properties of DAOs and the implicit goal of DAOs to conduct transactions
digitally and maintain the pseudonymity of Administrators, Members and
Participants.
LexDAO position (Domain vs Name)
Use ENS rather than ETH address.
Difference
Pseudo-anonymity is insufficient. Once doxed, forever doxed (including historical transactions). Advocate differential privacy, down to say postcode level (relatively speaking) but never individuals. Look to interoperable trust anchors for possible solutions.
The analogous clause in WY § 17-31-105(e) goes beyond an address (commonly interpreted as the public key for any deployed contract)
17-31-105. Formation. (e) If the articles of organization filed pursuant to subsection (a) of this section does not include a publicly available identifier as required by W.S. 17-31-106(b), the person filing shall have thirty (30) days to provide the publicly available identifier to the secretary of state. If the publicly available identifier is not provided within thirty (30) days, the secretary of state shall reject the filing and the decentralized autonomous organization shall be deemed to have not been formed.
in want all contracts to be revealed as per WY § 17-31-106(b)
(b) In addition to the requirements of subsection (a) of this section the articles of organization shall include a publicly available identifier, or nominate persistent mechanism to access such, of any smart contract directly used to manage, facilitate or operate the decentralized autonomous organization.
The any requirement essentially turns a private company non-private. One can point to early days of MakerDAO where they held townhall meetings to discuss selling tokens only to find miners were just undercutting their floor price. LexDAO suggests using the registration agent to qualify whom can introspect the ENS address as one alternative.