- Jan 30, 2013
- 33,790
The LAW says, HBAR are legal.
MSP has put out guidance that HBAR marked or advertised is an HBAR.
So far there has been no test of the MSP guidance. Of course, it will not be fun (or cheap) to be the test case.
If somebody wants to test it, they might ask their lawyer -- in advance -- whether it makes sense to include this as one argument:
https://www.law.cornell.edu/wex/vagueness_doctrine
Vagueness doctrine
Definition
1) A constitutional rule that requires criminal laws to state explicitly and definitely what conduct is punishable. Criminal laws that violate this requirement are said to be void for vagueness. Vagueness doctrine rests on the due process clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution. By requiring fair notice of what is punishable and what is not, vagueness doctrine also helps prevent arbitrary enforcement of the laws.
2) Under vagueness doctrine, a statute is also void for vagueness if a legislature's delegation of authority to judges and/or administrators is so extensive that it would lead to arbitrary prosecutions.
Illustrative caselaw
See, e.g. Skilling v. United States, 130 S.Ct. 2896 (2010).
See also
Vague
Criminal procedure
Civil procedure
wex:
wex definitions
constitutional law
courts and procedure
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More general background at Wikipedia: https://en.wikipedia.org/wiki/Vagueness_doctrine