To: Rande Is who wrote (55047 ) 9/28/2001 2:10:45 PM From: kodiak_bull Read Replies (1) | Respond to of 57584 Rande, So, from everything I read it's already illegal everywhere, possibly for very good reasons, but you're saying we should sign a petition asking the President and the SEC and Dick Cheney to outlaw illegal shortselling overseas where it's already illegal. A couple of questions for you and then I'll go quietly: 1) How do you propose to enforce extraterritorially something that is already illegal where it happens and is being enforced already? I think the Green Berets and the Navy Seals are, for some reason, a bit preoccupied at the moment. When the NYSE and the SEC officials go overseas, I'm afraid their status is always limited to "guest." 2) Let's get down to basics. "Naked short selling" is simply short selling without going through the niceties of borrowing shares first. Assuming that the short seller's credit is good, which is generally between the broker and the client, what is it about borrowing the shares first from some musty institution's account which makes the short seller's market view somehow better? We allow people to buy half naked (the margin rules) based on their accounts and credit risk, why shouldn't we allow people to sell at least half naked (via margin rules rather than borrowing requirements)? Short sellers are already restricted via the uptick rule, isn't that enough? Delivery and closing of the transaction are not mutable, as I noted. Let's say you think INTC is a lousy stock and you sell 1000 shares to someone today at $X. But you don't borrow the shares in advance, you just enter into the contract (naked), knowing you will have to deliver the shares in 2 days. Before the end of the day you'll have to either borrow or buy the shares, in order to deliver in time, anyway. Why do you have to have the borrow in place before you make the sale? I'm not proposing a change in the rules (just yet), simply noting the way in which stock loan and shorting transactions are done. Remember, in these times of increased emotions and frenzied searches for something to prop this still overvalued but correcting market up--shorting stock is simply part of the way to make markets and price discovery more, not less, efficient. Increased activity is increased liquidity over the long term. Kb