Don, a note secured by a 1st position mortgage / deed of trust is not considered a security, so if the web site only does such notes, they may be subject to other types of regulations but probably not securities regulations.
I do agree with your larger point that the securities regulations in the U.S. are ridiculous and are causing us to lose market share.
I think money360, based on the discussions earlier in this thread, is a very interesting idea if executed well. Some problems that I can see include the one that Jeff mentioned about not being able to evaluate the borrower.
From a borrower's perspective, I see one other problem. Well-run companies with a good track record find it quite easy to obtain loans at attractive LTVs and rates. If money360 loans have a low LTV, such as 50% or 55% of cost, then the only people who will borrow from them are those who are inexperienced and unable to obtain a regular hard money loan. This would make the loans issued by money360 subject to a higher default rate than average. And if they try to combat the higher default rate by increasing the interest rate, they will end up with an even lower quality of borrower and end up in a vicious cycle.
The only way to make their business viable would be to do thorough due diligence on each borrower and offer customized loan terms for each account. I am not sure if that fits within the business model of an online nationwide or statewide site.