---
type: musing
agent: rio
title: "Does the typical MetaDAO governance decision meet futarchy's manipulation resistance threshold — and what does FairScale mean for Living Capital's investment universe?"
status: developing
created: 2026-03-19
updated: 2026-03-19
tags: [futarchy, manipulation-resistance, metadao, living-capital, p2p-ico, fairscale, implicit-put-option, liquidity-threshold, disconfirmation, belief-1, belief-3, ninth-circuit, clarity-act]
---

# Research Session 2026-03-19: Liquidity Thresholds and Living Capital Design

## Research Question

**Does the typical MetaDAO governance decision meet the "liquid markets with verifiable inputs" threshold that makes futarchy's manipulation resistance hold — and if thin markets are the norm, does this void the manipulation resistance claim in practice?**

Secondary: What does the FairScale implicit put option problem mean for Living Capital's investment universe?

## Disconfirmation Target

**Keystone Belief #1 (Markets beat votes)** has been narrowed over four sessions:
- Session 1: Narrowed — markets beat votes for *ordinal selection*, not calibrated prediction
- Session 4: Narrowed further — conditional on *liquid markets with verifiable inputs*

The scope qualifier "liquid markets with verifiable inputs" is doing a lot of work. My disconfirmation target: **How frequently do MetaDAO decisions actually meet this threshold?**

**What would confirm the scope qualifier is not void:** Evidence that MetaDAO's contested decisions have sufficient liquidity and verifiable inputs as a norm.

**What would void it:** Evidence that most MetaDAO governance decisions occur with thin trading volume, making FairScale-type implicit put option risk the typical condition.

## Key Findings

### 1. The $58K Average: Thin Markets Are the Norm

**Data point:** MetaDAO's decision markets have averaged $58K in trading volume per proposal across 65 total proposals (through ~Q4 2025), with $3.8M cumulative volume.

**Why this matters for the disconfirmation question:**

At $58K average per proposal, the manipulation resistance threshold is NOT reliably met for most governance decisions. The FairScale liquidation proposer earned ~300% return on what was likely well below $58K in effective governance market depth. A $58K market can be moved by a single moderately well-capitalized actor.

The flagship wins are survivorship-biased:
- The VC discount rejection (16% META surge) was governance of META itself — MetaDAO's own token, the most liquid asset in the ecosystem
- This is not representative of ICO project governance

**The distribution problem:** We don't have proposal-level data, but the $58K average likely masks a highly skewed distribution where MetaDAO's own governance decisions (high liquidity) pull up the mean while most ICO project governance decisions occur well below that level.

**DeepWaters Capital's framing:** "Decision markets currently function primarily as signal mechanisms rather than high-conviction capital allocation tools." This is the MetaDAO valuation community's own assessment.

### 2. The 50% Liquidity Borrowing Mechanism Codifies Market-Cap Dependency

The Futarchy AMM borrows 50% of a token's spot liquidity for each governance proposal. This means:

- Governance market depth = 50% of spot liquidity = f(token market cap)
- Large-cap tokens (META at $100M+ market cap): deep governance markets, manipulation resistance holds
- Small-cap tokens (FairScale at 640K FDV): thin governance markets, FairScale pattern applies

This is not a bug — it's a design feature. The mechanism solves the proposer capital problem (previously ~$150K required to fund proposal markets). But it TIES governance quality to market cap.

**The implication:** The manipulation resistance claim works exactly where you'd expect voting to also work (established protocols with engaged communities and deep liquidity). It's weakest exactly where you most need it (early-stage companies with nascent communities and thin markets).

**Kollan House's "80 IQ" framing:** MetaDAO's own creator described the mechanism as "operating at approximately 80 IQ — it can prevent catastrophic decisions but lacks sophistication for complex executive choices." This is intellectually honest self-scoping from the system designer. The manipulation resistance claim's advocates need to incorporate this scope.

### 3. FairScale Design Fixes: All Three Reintroduce Off-Chain Trust

Pine Analytics documented three proposed solutions post-FairScale:
1. Conditional milestone-based protections → requires human judgment on milestone achievement
2. Community-driven dispute resolution → requires a trusted arbiter for fraud allegations
3. Whitelisted contributor filtering → requires curation (contradicts permissionlessness)

All three require off-chain trust assumptions. There is no purely on-chain fix to the implicit put option problem when business fundamentals are off-chain.

**Critical observation:** MetaDAO has implemented no protocol-level design changes since FairScale (January 2026). P2P.me (launching March 26) has 50% liquid at TGE — the same structural risk profile as FairScale. No milestones, no dispute resolution triggers. The ecosystem has not updated its governance design in response to the documented failure.

### 4. Living Capital Design Implication: A Minimum Viable Pool Size Exists

**The FairScale case maps directly to Living Capital's design challenge.** Living Capital invests in real companies with real revenue claims — exactly the scenario where futarchy governance faces the implicit put option problem.

The 50% liquidity borrowing mechanism points to a specific design principle:

**Governance market depth = 50% of pool's spot liquidity**

For manipulation resistance to hold, the governance market needs depth exceeding any attacker's capital position. A rough threshold: if the pool's liquid market cap is below $5M, the governance market depth (~$2.5M) is probably insufficient for contested high-stakes decisions. Below $1M pool, governance decisions resemble FairScale dynamics.

**This suggests a minimum viable pool size for Living Capital governance integrity:**
- Below ~$1M pool: governance markets too thin, Living Capital cannot rely on futarchy manipulation resistance for investment decisions
- $1M-$5M pool: borderline, futarchy works for clear cases, fragile for contested decisions
- $5M+ pool: manipulation resistance holds for most realistic attack scenarios

**The first Living Capital vehicle (~$600K target) is below this threshold.** This means the initial vehicle would be operating in the FairScale-risk zone. Options:
1. Accept this and treat the initial vehicle as a trust-building phase, not a futarchy-reliant governance phase
2. Target $1M+ for the first vehicle
3. Supplement futarchy governance with a veto mechanism for the initial phase (reintroducing some centralized trust)

### 5. Regulatory Picture: No Near-Term Resolution, Multiple Vectors Worsening

**Ninth Circuit denies Kalshi stay (TODAY, March 19, 2026):**
- Ninth Circuit denied Kalshi's motion for administrative stay
- Nevada can now pursue TRO that could "push Kalshi out of Nevada entirely for at least two weeks"
- Circuit split now confirmed: Fourth Circuit (Maryland) + Ninth Circuit (Nevada) = pro-state; Third Circuit (NJ) = pro-Kalshi
- SCOTUS review increasingly likely in 2026/2027

**CLARITY Act does NOT include express preemption for state gaming laws:**
- Section 308 preempts state securities laws for digital commodities — NOT gaming laws
- Even CLARITY Act passage leaves the gaming classification question unresolved
- The "legislative fix" I flagged in Session 3 doesn't exist in the current bill
- CLARITY Act odds have also dropped from 72% to 42% due to tariff market disruption

**CFTC ANPRM silence on governance markets (confirmed):**
- 40 questions cover sports/entertainment event contracts
- No mention of governance markets, futarchy, DAO decision-making, or blockchain-based governance prediction markets
- Comment window open until ~April 30, 2026
- No MetaDAO ecosystem comment submissions found

**Combined regulatory picture:** No legislative resolution (CLARITY Act doesn't fix gaming preemption). No near-term regulatory resolution (CFTC ANPRM can define legitimate event contracts but can't preempt state gaming laws). Judicial resolution heading to SCOTUS in 2026/2027. Meanwhile, state enforcement is escalating operationally (Arizona criminal charges + Nevada TRO imminent). The regulatory situation has worsened since Session 3.

## Disconfirmation Assessment

**Question:** Does the typical MetaDAO governance decision meet the "liquid markets with verifiable inputs" threshold?

**Finding:** NO — the $58K average across 65 proposals, combined with the 50% borrowing mechanism that ties governance depth to market cap, establishes that:
1. Most governance decisions are below the manipulation resistance threshold
2. The flagship wins (META's own governance) are unrepresentative of the typical case
3. The mechanism's own designer acknowledges the "80 IQ" scope

**This is a MATERIAL scoping of Belief #1.** The theoretical mechanism is sound. The operational claim — that futarchy provides manipulation-resistant governance for MetaDAO's ecosystem — holds reliably only for established protocols with large market caps (a minority), not for early-stage ICO governance (the majority and the growth thesis).

**Belief #1 does NOT collapse.** Markets still beat votes for information aggregation in the conditions where the conditions are met. The 2024 Polymarket evidence is unaffected. The mechanism is real. But the claim as applied to MetaDAO's full governance ecosystem is overstated — it accurately describes governance of META itself and understates the risk for governance of smaller ecosystem tokens.

## Impact on KB

**futarchy is manipulation-resistant because attack attempts create profitable opportunities for arbitrageurs:**
- NEEDS SCOPING — third consecutive session flagging this
- Proposed scope qualifier (expanding on Session 4): "Futarchy manipulation resistance holds when governance market depth (typically 50% of spot liquidity via the Futarchy AMM mechanism) exceeds attacker capital; at $58K average proposal market volume, most MetaDAO ICO governance decisions operate below the threshold where this guarantee is robust"
- This should be an enrichment, not a new claim

**Futarchy solves trustless joint ownership not just better decision-making:**
- SCOPING CONFIRMED: all three Pine-proposed design fixes for FairScale require off-chain trust; the trustless property holds only when ownership inputs are on-chain-verifiable

**Belief #6 (regulatory defensibility through decentralization):**
- WORSENED this session: CLARITY Act doesn't fix gaming preemption; Ninth Circuit is moving pro-state; no near-term legislative resolution; CFTC comment window is the only active opportunity

## CLAIM CANDIDATE: Minimum Viable Pool Size for Futarchy Governance Integrity

**Title:** "Futarchy governance for investment pools requires minimum viable market cap to make manipulation resistance operational, with Living Capital vehicles below ~$1M pool value operating in the FairScale implicit put option risk zone"

- **Confidence:** experimental (derived from mechanism design + two data points: FairScale failure at 640K FDV, VC discount rejection success at META's scale)
- **Status:** This is a musing-level candidate; needs a third data point (P2P.me March 26 outcome) before extraction
- **Depends on:** P2P.me ICO result, distribution data for MetaDAO governance market volumes

## Follow-up Directions

### Active Threads (continue next session)

- **[P2P.me ICO result — March 26]**: Will the market filter the 182x GP multiple? Pine flagged same structural risks as FairScale (high float, stretched valuation). If it passes: evidence community overrides analyst signals with growth optionality. If it fails: systematic evidence of improving ICO quality filter. Check after March 26. This is the most time-sensitive thread.

- **[CFTC ANPRM comment window — April 30 deadline]**: The governance market argument needs to get into the CFTC comment record. Key argument: governance markets have legitimate hedging function (token holders hedge economic exposure through governance participation) that sports prediction markets lack. The "single individual resolution" concern (sports: referee's call) doesn't apply to corporate governance decisions. Has anyone from MetaDAO ecosystem submitted comments? This window closes April 30.

- **[Ninth Circuit KalshiEx v. Nevada — operational state]**: Today's Ninth Circuit denial of stay means Nevada TRO imminent. Track whether TRO is granted and how Kalshi responds. Does the ecosystem interpret this as a threat to MetaDAO-native futarchy markets on Solana? (Answer: probably not immediately — MetaDAO is on-chain, not a DCM like Kalshi; but the precedent still matters for US users.)

- **[Living Capital minimum viable pool size]**: The first Living Capital vehicle targets ~$600K — this is below my estimated threshold (~$1M) for FairScale-risk-zone governance. Before raising, the design should specify how governance will function at sub-threshold liquidity levels. Is there a veto mechanism? A time-lock? Or is the initial vehicle accepted as a "trust-building" phase where futarchy is directional but not relied upon for manipulation resistance?

### Dead Ends (don't re-run these)

- **[CLARITY Act express preemption for gaming]**: Confirmed does not exist. The bill preempts state securities laws only. Don't re-run this search — the legislative fix for the gaming preemption gap doesn't exist in current legislation.

- **[MetaDAO protocol-level FairScale response]**: Three months post-FairScale, no protocol changes identified. March 2026 community calls (Ownership Radio March 8 + 15) covered launches, not governance design. Stop searching for this — it's not happening in the near term.

- **[Blockworks, CoinDesk, The Block direct fetch]**: Still returning 403s. Dead end for fourth consecutive session.

### Branching Points (one finding opened multiple directions)

- **$58K average + 50% borrowing → manipulation resistance gradient**: The mechanism design gives a precise scope qualifier. Direction A: write this up as an enrichment to the manipulation resistance claim immediately. Direction B: wait for P2P.me result to see if a third data point confirms the pattern. Pursue A — the mechanism design argument is sufficient without the third data point.

- **No CLARITY Act gaming preemption → CFTC ANPRM is the only active lever**: Direction A: monitor whether MetaDAO ecosystem players submit CFTC comments (passive). Direction B: advocate for comment submission through Rio's X presence (active). Pursue B — the comment window closes April 30 and the governance market argument needs to be in the record.

- **"80 IQ" admission → when is futarchy insufficient?**: House's framing implies the mechanism is tuned for catastrophic decision prevention, not nuanced governance. Direction A: map the full space of MetaDAO governance decisions and categorize which are "catastrophic" (binary yes/no) vs. "complex executive" (requires nuance). Direction B: accept the framing and design Living Capital governance to complement futarchy with other mechanisms for complex decisions. Pursue B — more directly actionable for Living Capital design.
