Basically, the new rule proposals claim to seek to limit off floor market making (as def mentioned), but in reality do much more. The criteria they propose to qualify a trader as a "market maker" are:
1) simultaneous or near simultaneous entry of limit orders to buy and sell securities
2) multiple acquisition and liquidation of positions in the security in the same day
3) entry of multiple limit orders at different prices in the same security
If the rules were adopted, they could penalize brokers, like IB, who allow traders to trade as a market maker according to their definition. The rules are very vague as to how to quantify terms such as "near simultaneous" and "multiple acquisition" which would make for an oversight nightmare for brokers like IB who have to monitor activity electronically.
So basically, we would all qualify under this criteria if we are making money at the expense of the exchange members. Every day trader, by definition, will violate the second criteria. This is essentially an attempt by the specialists and market makers of these exchanges to get their turf back from traders who have eroded their profits and created a more efficient market.
In a nutshell, they aren't being as successful at stealing anymore and they want the exchange to protect (or recreate) their monopoly. I just can't believe that the SEC, in all their talk about a fair marketplace, are even considering approving the rules, but according to the IB letter they have already approved similar rules for other exchanges.
The letter is very well written and exposes the fallacy of the rules and their clear intent to defraud the public in the name of protecting the market making business of the exchange members.
I'm just glad that I'm not an options trader...but if it can be done there, it could be done elsewhere. With all of the new proposed rule changes, there should be no doubt that day traders are making a more efficient and orderly market. Otherwise, the good 'ol boys wouldn't be so worried about us.
Kirk