h24, ... "If theres no NSS whay is the SEC making new rules for NSS ???"
Nobody has said (at least I haven't) that failures to cover a borrow within the time period don't occur. The SEC doesn't like the fact that these delays occur. So, they are trying to tighten up. They don't like the fact that gaps occur. Plus, with hedge funds going under, there may be nobody who can actually cover the borrow. It gets too messy for the SEC to allow it in its present state.
I don't like the gaps; you don't like the gaps. The difference is that you say the gaps are driving companies under. I have asked which companies? You respond Eagletech Communications - but later withdrew the response.
jimmy suggested Overstock - a company that has never had an operating profit since its inception. For that reason, Overstock has been shorted - and there's nothing illegal in that. People can bet that a company's PPS will go up or down. The right guesses should be rewarded.
The problem I have with your analysis is that people who invested in scam companies are blaming their wrong guess on naked shorting - rather than the officers, insiders and consultants. These scamsters have been shown time and time again to take the hard-earned money naive people who believe the "pump" invest and disburse it to themselves as shares they "dump" into the "pump" without any attempt to generate revenue or, eventually, profits.
In case you haven't noticed, CMKX is a prime example of this type of scam - perhaps the worst of all time!
Can you give me a company that has/had an operating profit that has been put under by naked shorting (failures to cover a borrow)? ... eom