The FINRA Rule 4210 involving margin requirements in securities (stocks) known as the
PDT rule (approved by the SEC) was designed to protect "less sophisticated" day traders of
stocks. Rule was approved
February 2001 and went into
effect August 2001. Those involved (e.g. Bernie Sanders and many others) in pushing that rule initially wanted a wider net that was aimed at high frequency trading (HFT), algorithm trading and day trading because they felt it was the reason for the high volatility in the markets and they wanted away to limit what they consider to be problematic stock price movements. In addition, during the hearings names like Etrade, Scottrading and many other discount brokerage firms were mention. In total the congressional subcommittee (led by SEC chairman Arthur Levitt) examined (investigated) a total of 40 firms and they discover these firms violated compliance rules involving things like Short selling and violated margin/credit extension to customers.
The subcommittee was chaired by Senator Susan Collins (R. Maine) and she was deeply concerned about day trading itself because her investigation revealed that day trading firms like Etrade and prop firms like All-Tech Investment Group mislead newcomers with
deceptive advertising. Yeah, I watched the entirety of the hearings and easily related to their concerns. I remember all the data vendors (e.g. Qcharts, eSignal, CQG and many others) back then talked heavily in their advertisements to potential clients about becoming "financially independent" via their state of the art "technical indicators" and the heavy promotion of Bid/Ask data as giving you that "edge". I also remember all those TV advertisements, financial magazine advertisements by many discount brokerage firms saying just open an account and you'll soon have your own island, you'll be giving your boss at work day trading instructions and those infamous commercials by talking babies doing day trading...implying even babies can be successful day traders.
So yeah...it was horrendous deceptive advertising and everybody wanted to be their own wall street.
Then there's Mary Schapiro (person in charge of the NASD at the time of the hearings) published a report that attacked all of wall street that was involved in day trading and in its promotion to their clients. Now the plot thickens because guess whom is the
common person in the ears of Collins and Schapiro...its
Bernie Sanders. He wanted (still do) to tax trading itself and when it became obvious he wasn't going to get it...Mark O. Barton became famous and Bernie Sanders went after prop firms, HFT and day trading itself.
Note: Bernie Sanders was deeply concerned with prop firms after Mark O. Barton (prop firm trader at All-Tech Investment Group) mass shooting in July 1999. Sanders even brought that up (the mass shooting) during the congressional subcommittee hearings September 1999 for stronger controls involving high frequency trading and day trading.
Yes, there are exploiters praying on the markets and society as some view it today...its wall street. Yet, wall street is too powerful. Those in congress could not get what they wanted involving HFT or prop firms. Instead, they had to reduce what they wanted and settle on the now infamous FINRA Rule 4210 that's commonly known as the PDT rule involving stock trading. For example, they wanted prop firms and discount brokerage firms to set up a
psychological screen of customers that wanted to day trade to determine if they're suitable for such. That request was quickly killed although its something I've been ranting about hear at ET for many years that such should be a requirement because I strongly believe that many traders in today's markets should
not be allowed to open trading accounts for the purpose of day trading.
Note: Broker associations also put up a big fight about the original rule packages. Some say they were instrumental in getting the rule reduced down to the 25k requirement.
https://en.wikipedia.org/wiki/Pattern_day_trader
https://en.wikipedia.org/wiki/Mark_O._Barton
Here's a list of mass shootings in the U.S. history (list does not include 2016) and only one of them involved a trader (Mark O. Barton) @
http://abc7ny.com/news/a-history-of-mass-shootings-in-the-united-states/1107515/
The documentation of the above is simple as noted by congress itself. Those preying on day traders are the prop firms, discount brokerages, data vendors and wall street itself as the top tier offenders. Their deceptive advertisements were not aimed at the poor because the poor didn't have money to day trade. In contrast, their deceptive advertisements were aimed at the middle class, retirees with money and the rich.
Next,
not mentioned in the subcommittee hearings are forum gurus, website gurus, chat rooms and book authors. Yet, its understandable considering many ignorant people that have discount brokerage accounts, trade at prop firms, subscribes to a data vendor do not dare put the blame on wall street itself...much easier to blame the book author for encouraging us to open a trading account and then blame them for not helping us to be "financially independent" and owning our own islands.
Like I said before to Q3D. There should be better screenings at the top tier (brokerage firms) and data vendors about whom they allow to open accounts. That screening should involve psychological evaluations just like any H&R department does for potential new employee at a fortune 500 company, military uses screening as such and many other job occupations does such.
Heck, there was a call for psychological evaluations for new employees at United States Post Offices after a string of post office shootings that we now term when we get mad as "going postal". That screening was rejected and itself they now rely on better education of those doing the hiring.
Regardless to all these rules or potential rules or whom to blame...here's my warning.
More and more retail traders are getting involved in algorithm trading. These are
not traders living in poor neighborhoods and they are not fathers of "at risk families". They are smart, educated and savy about the markets...they have adapted to the growing concerns by politicians about "algorithm trading". If they've read any books by book authors...its more likely books about how to get involved in algorithm trading, how to design your systems and what types of education (topics) will help achieve such.
Now guess what when
shit hits the fan because one day it will as already starting via the string of publicity arrests of retail traders and private traders as being the blame of illegal algorithm trading that caused billions of lost dollars in the markets. Simply, 10 years from now there will be new breed of Q3D forum members...they will be blaming
retail algorithm traders as the reason for their poor trading performance instead of blaming wall street firms that started such and making billions each year from such.
Reminder - Congressional subcommittee went after these firms and failed. All they got was a handshake and a 25k PDT rule as consolation that told the subcommittee to leave wall street alone.
As you can see, congress subcommittee hearings of September 1999 had it right about the
culprits preying on the society and its money. Yet, those culprits are too powerful and they create thousands (millions) of jobs and donate millions of dollars. Trying to tax them as Bernie Sanders wants to do or trying to restrict their trading habits as the SEC wants to do...you're going to need to see a
global disaster that make 2008 - 2009 financial chaos look like child play o get those types of restrictions so that you really can go after the real culprits preying on society.
P.S. Reality is that data vendors, brokers, prop firms can
not risk psychological evaluations of potential clients. They know such would put them out of business. Yet, maybe helpful if they had a screening process involving "credit check", "criminal record" and passing a trading simulation test to determine if someone is suitable for opening a trading account.
The latter three above (credit check, criminal background check and passing of a simulation trading test) at the minimum is something I've discussed often at ET because I truly feel that most traders that gets involved in trading should not be trading.
P.S.S. More universities today than years ago, they now have state of the art trading rooms that are often financed and sponsored by the world's top financial institutions. Wall Street will do whatever it takes to protect
trading.
We can either bitch about it, blame others or adapt to it.
I rather adapt to it.