House Has “Our Own Ideas” Says Rep. Soto Regarding Lummis/Gillibrand Bill

Rep. Darren Soto

Congressman Darren Soto (D, FL), who is also co-Chair of the Congressional Blockchain Caucus, reiterated today that he wholeheartedly supports creating effective regulation that offers guardrails to crypto markets. But in an on-stage interview with Axios, if anyone thinks Rep. Soto is going to let the Senate take the lead, they appear to be mistaken.

He said in regards to the new “Responsible Financial Innovation Act” introduced in the Senate by Senator Cynthia Lummis (R, WY) and Senator Kirsten Gillibrand (D, NY), “We definitely agree that the SEC jurisdiction should be narrowly defined to treat securities [such that] if you’re doing an issuance that results in stock later on – which every now and again has happened in the past – that should be a security. But others should be either a currency or governed by the FTC or CFTC. We agree broadly with some of the ideas in [the Lummis/Gillibrand] bill and certainly have our own ideas in the House and we need to reconcile those eventually.”

The seeds of Rep. Soto and Rep. Warren Davidson’s (R, OH) Digital Taxonomy Act and Token Taxonomy Act began back in 2018/2019.

Rep. Soto responded to Axios on several topics…

On Promoting Innovation and Regulating Simultaneously

CONGRESSMAN DARREN SOTO: Existing regulators need their scope and jurisdiction redefined while making sure to foster innovation. The very laws we’re working on are trying to strike that balance with the Token Taxonomy Act, with the Digital Taxonomy Act. There’s an issue right now with whether the SEC is going to regulate futures, while not allowing for spot investments – this is an example where existing laws are just antiquated.

On SEC Chair Gary Gensler Desire to Maintain Existing Laws

CONGRESSMAN DARREN SOTO: I’m in Congress. Of course I disagree with that.

Our job is to pass new laws to evolve to what society has in the case of cryptocurrency, it could be one of four different types of archaic assets that are being discussed by Chair Gensler: it could be a commodity, a security, a currency and even could be a future.

Trying to fit it into 20th century boxes just doesn’t work. But, there is good news. We had bills that passed the House to help get the agencies to respond and get their input before we pass laws. While the Senate didn’t take it up, President Biden put out his Executive Order and utilized a lot of that language. The holdup is Congress needs to hear back from agencies. I’d wave a magic wand tomorrow and start defining these things but some of my colleagues want to hear from the executive branch as well. So, right now Congress is in that dialogue. We expect over the next couple of months to get those reports back, and then we’ll put pen to paper… but saying that 20th century financial definitions are going to define 21st century cryptocurrencies is just off the mark.

What is a Light Touch to Regulation

CONGRESSMAN DARREN SOTO: It starts with defining jurisdictions so that we don’t have agency overlap. It also makes sure that we’re starting with basic rules of the road like we did for the Internet… back in the late 90s, early 2000s. So now we’re at a point where things like 340, we may need to amend but at the time, we put in some basic rules the road to protect consumers. We just want to make sure we have guardrails for the most blatant frauds that you could see like “pump and dump” and other things that that are that are intentional rather than the risks of the market which are naturally going to be there similar to stocks and precious metals and other currencies. There needs to be basic rules to protect consumers. But other than that, we need to allow for innovation.

On Clarity

CONGRESSMAN DARREN SOTO: We are troubled by the fact that many new crypto firms are paying half their costs in legal just to help navigate so many of these different jurisdictions. That is troubling to us. We see a big move happening when China decided not to play anymore cryptocurrency – that puts us and Europe as natural leads on this. But without rules of the road and uncertainty, it’s tough to get capital to start a lot of these different companies.

What Parts of the Lummis/Gillibrand Bill Would Have Bipartisan Report

CONGRESSMAN DARREN SOTO: I can’t say that I’ve read every single word [of the Lummis/Gillibrand bill] and poured through it – we have two chambers, right? And, we in the House put out our own ideas with the Digital Taxonomy Act and the Token Taxonomy Act which is an even lighter touch than what they’re talking about in the Senate with Representative Warren Davidson, a Republican from Ohio, and I’m a Democrat from Central Florida. So we’ll put out and progress our own bills, [the Senate will] be putting out theirs and then we’ll either go to conference there will be negotiating between the chambers. But, we believe in the bills we’ve already put out.

On Using Crypto and Educating

CONGRESSMAN DARREN SOTO: I’ve been interested in it for a while for the use of it. I represent Central Florida place where folks come to travel from all around the world to our top theme parks, our beaches and so many other great things. When we’re talking about doing international services like putting together – as a travel agent – someone’s experience in Central Florida or helping out with other services in that are, you reduce friction costs by using cryptocurrency across several different nations. That’s a big, exciting part of what can help Central Florida in that we do so much international tourism business, but also for remittances. We have a lot of first generation immigrants and they have family members back in places that are not stable like Venezuela. And now we’re seeing in Ukraine how crypto was able to help – through decentralized currency – undermine the the attacks that have been [carried out by an] unjustified Russia.

Continue reading “House Has “Our Own Ideas” Says Rep. Soto Regarding Lummis/Gillibrand Bill”

Senators Lummis and Gillibrand Introduce Responsible Financial Innovation Act (RFIA)

Responsible Financial Innovation Act

Like the finest porterhouse steak at Peter Luger’s, Senator Cynthia Lummis (R, WY) and Senator Kirsten Gillibrand (D, NY) formally delivered to the U.S. Senate yesterday their new, meaty, digital assets legislation titled, “Responsible Financial Innovation Act (RFIA).”

Is this steak a history in the making? The blockchain community appeared ravenous and ready to inhale it.

The scope of the bill is sweeping and mostly favors Commodity Futures Trading Commission (CFTC) jurisdiction versus the Securities and Exchange Commission (SEC) and therefore applies a commodities classification for many digital assets.

Blockchain Association’s Jake Chervinsky noted in a tweet yesterday that the CFTC leadership role in crypto in the new bill syncs with the House’s Digital Commodity Exchange Act (DCEA) efforts driven by the House Ag Committee and its Ranking Member Glenn Thompson (R, PA). Bi-partisan, bicameral ‘kumbaya’ reigns as Chervinsky pointed out. Similarly, Senator Gillibrand is on the Senate’s Ag Committee, Senator Lummis is on Banking.

From the medium post by Senators Lummis and Gillibrand: “Digital assets that meet the definition of a commodity, such as bitcoin or ether, which comprise more than half of digital asset market capitalization, will be regulated by the CFTC.” This has been never more clearly defined by the a U.S. government entity. But, if you have a security token, fear not, you’ll be in the SEC’s purview.

Overall, this bill sweeps into its pages many of the bills from both sides of Congress – such as the aforementioned DCEA – that have already been introduced including those around stablecoins and crypto tax guidance to name a few.

Definitions Continue reading “Senators Lummis and Gillibrand Introduce Responsible Financial Innovation Act (RFIA)”

Top 16 Government Policy Discussions at Consensus 2022

Consensus 2022

Consensus 2022, one of the biggest blockchain conferences of them all, is taking place this week beginning June 9 through June 13 in Austin, Texas.  And, government policy topics will be centerstage with a wide-ranging roster of speakers joining the Coindesk-produced conference.

The full agenda is here.

Take our rankings with a grain of salt – it’s hard to know until you get there.  But here are 16 picks for key government policy discussions that we’re looking forward to at the show…

#1 – Washington’s Crypto Awakening: The Lawmaker Town Hall

Friday, June 10 – 2:40 PM – 3:30 PM CT

Participants:

    • Senator Cynthia Lummis (R, WY)
    • Senator Kirsten Gillibrand (D, NY)
    • Senator Pat Toomey (R, PA)
    • Congressman, Patrick McHenry (R, NC)
    • Jesse Hamilton, CoinDesk (moderator)

blockchain tipsheet tip: Promising a Town Hall inspires visions of bar stools and theater-in-the-round with audience participation. We’ll see what happens, but the lineup of 3 leading senators and a key congressman pushing blockchain legislation is impressive even if it’s by video link.

Senator Lummis and Senator Gillibrand will be appearing three days after their long-awaited June 7 introduction of their digital assets bill in the U.S. Senate. The two senators represent the krux of regulatory possibilities, which remarkably is not partisan (at this point): Sen. Lummis sits on the Senate Banking committee – with Ranking Member Senator Toomey – which oversees the Securities and Exchange Commission (SEC). And Senator Gillibrand is on the Senate Agriculture committee which oversees the U.S. Commodity Futures Trading Commission (CFTC).

Possible questions to pursue:

    • Should the SEC oversee cryptos or the CFTC -or is it a mix?
    • Realistically, when can a broad-based regulation passed by Congress? – it doesn’t feel like this year given the Fall election.
    • Where does Congressman McHenry’s interests in a separate digital assets regulatory body fit?
    • How might things change if McHenry becomes Ranking Member on the House Banking Committee should the House flip to Republicans in the Fall elections?
      On the stablecoin front, what the latest according to Senator Toomey?
    • Did Terra Luna damage policy momentum?
    • What’s Senator Toomey gonna do once his term ends in January – seems perfect for the blockchain lobby or venture capital?

#2 – CFTC’s Vision for Crypto Regulation Continue reading “Top 16 Government Policy Discussions at Consensus 2022”

Not All Stablecoins Are Created Equal – Or Stable

Stablecoins

This week’s DC Blockchain Summit from the Chamber of Digital Commerce included a timely panel discussion on stablecoins given the recent Terra Luna stablecoin implosion as well as yesterday’s testimony in front of the House Financial Services Committee by Federal Reserve Vice Chairwoman Lael Brainard.

The Chairwoman was hopeful telling lawmakers that stablecoins and a central bank digital currency (CBDC) could provide a “safe” government-backed settlement layer and “would actually facilitate and enable private sector innovation.”

Panel participants for “Stablecoins and the Future of Money” included:

Are stablecoins innovative?

Moderator Stephen Palley of law firm Anderson Kill led things off by wondering aloud whether stablecoins are truly an innovation.

Caitlin Long, Founder and CEO of Custodia Bank and a well-known, Wyoming-based cryptocurrency advocate, began by saying that they are innovative but not truly crypto. She clarified: “They are not truly crypto in the sense that anything that touches the US dollar – so I’m talking about any sort of backed version of a stablecoin – ultimately has to clear through the Federal Reserve and therefore they’re not decentralized meaning they may be issued on blockchain-like rails, but they are not decentralized. They have an issuer and anything that has an issuer by my definition isn’t decentralized. Ergo, it is quasi-crypto, but not actually crypto.”

Continue reading “Not All Stablecoins Are Created Equal – Or Stable”

SEC and CFTC Commissioners Reach Out To The Industry at DC Blockchain Summit

DC Blockchain Summit

A collegial chat between regulators from the Commodity Futures Trading Commission (CFTC) and Securities and Exchange Commission (SEC) highlighted an impressive day-long agenda attracting 850 attendees to the DC Blockchain Summit from the Chamber of Digital Commerce in Washington, D.C. yesterday.

The Chamber’s Annemarie Tierney didn’t hesitate in her moderation role in the morning session with the blockchain industry’s two most important regulatory bodies and immediately brought to the fore the key differences in jurisdiction between the two agencies – securities vs. commodities – and under which agency do the various tokens and cryptocurrencies land. Commissioner Hester Peirce of the SEC went first and repeated the gyst of her well-known views that do not necessarily sync with the rest of the SEC commissioners and its Chairman:

“A token [that] is sold as part of securities offering does not in my mind necessarily mean that the token continues on in its entire life to have to be treated as a security. That’s one of the areas where I’d like to see us provide more clarity. It has not been our standard practice over the years to identify what are security offerings and what aren’t. It’s pretty broad rules. And we expect that when people are out there raising capital, they comply with our initial offering rules, regardless of what it is. But that’s led to the treatment of certain things – securities offerings that you might not think the underlying object to be sold is [part of the securities offering]. So that’s the distinction – I would like us to deal with it better (…)”

CFTC Commissioner Christy Goldsmith Romero weighed in next saying that she agreed with her counterpart in the SEC on the overall need for greater clarity – particularly around that which is decentralized. Beyond the jurisdictional question, in order to help her create a regulatory framework, Goldsmith Romero appealed to the audience on educating her and the CFTC on how the blockchain community innovates and also protects consumers: Continue reading “SEC and CFTC Commissioners Reach Out To The Industry at DC Blockchain Summit”

In Spite of Terra, No Stablecoin Regulation Before End of Year

Permissionless 2022

Up-to-the-minute regulatory prognostications attracted strong attendance to a Permissionless 2022 panel discussion in Palm Beach, Florida last Wednesday.

Coming only a week after the TerraUSD and LUNA stablecoin debacle, everyone agreed that decentralized finance (DeFi) is receiving a brighter spotlight than ever. And in the wide-ranging discussion titled, “Regulatory Clouds on the Horizon,” industry advocates addressed the clouds which could rain potential regulation as well as who or what should ultimately be in charge of jurisdiction for the wider crypto ecosystem: the SEC, CFTC or a self-regulatory body.

Panelists included:

Quotes are lightly edited for clarity.

Moderator Jordan Nof of Tusk Venture Partners immediately began with the Terra elephant-in-the-room as Chamber of Digital Commerce’s Perianne Boring revealed that her association’s members are wondering how Terra will affect regulatory momentum, but noted the unique properties of Terra’s product saying:

“What’s interesting about Terra in particular is that it’s an algorithmic stablecoin. For those who have been following stablecoin policy closely, the President’s Working Group (PWG) on financial markets put out a set of recommendations for stablecoins last November – and that [group] included the chair of the SEC, the chair of the CFTC, the Fed, and Treasury. Treasury Secretary Yellen led this effort. The group had a number of recommendations for new regulations for stablecoins -essentially, Congress is going to need to implement these recommendations. The scope of that report and the recommendations was limited to stablecoins that are backed one-to-one to the dollar reserves in a bank account.  Algorithmic stablecoins were outside of that scope. So when Secretary Yellen pointed to Terra recently and said, ‘Look, this is why we need to push stablecoin recommendations forward.’ -to me, I didn’t think that was productive because the recommendations didn’t include algorithmic stablecoins. And I think it gives a lot of fuel to the SEC.

For those who remember SEC Chairman Gensler’s remarks, he started using a different vernacular. He started calling them ‘stable value funds’ (instead of stablecoins), essentially trying to put forward the argument that these are securities and they should be under the SEC’s jurisdiction. So, I think that the SEC could pretty easily say, ‘Look, this is why it should be within our jurisdiction.’

Continue reading “In Spite of Terra, No Stablecoin Regulation Before End of Year”

House Gives CFTC Responsibility with Digital Commodity Exchange Act

Congressman Thompson

To be a commodity, or a security, that is the question.

Another crypto-related bill was introduced in Congress last week with the Digital Commodity Exchange Act of 2022 (DCEA), which built on the DCEA of 2021.

Four members of the Congressional Blockchain Caucus are leading the crypto-as-a-commodity charge beginning with Representative Glenn “GT” Thompson (R, PA), who is the Ranking Member of the House Agriculture Committee, along with co-sponsors Rep. Ro Khanna (D, CA), Rep. Darren Soto (D, FL) and Rep. Tom Emmer (R, MN).

H.R. Bill 7614, which was referred to the House Ag Committee, aims to assign responsibility for crypto exchanges with the Commodity Futures Trading Commission (CFTC) rather than the Securities and Exchange Commission where exchanges tradable assets would therefore be associated with securities.

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McHenry Proposes New Regulator for Digital Assets -not SEC or CFTC

Patrick McHenry

The Securities and Exchange Commission (SEC)  is not set up to handle the digital assets world said Rep. Patrick McHenry (R, NC) at a Punchbowl News event in DC today.

“I fundamentally think that the Securities Exchange Commission and the CFTC lack that capacity to well-regulate this new innovation,” McHenry told interviewer Anna Palmer. “I think you have to have a separate regulatory sphere for digital assets… that is neither the SEC nor the CFTC.”

Welcome to the Digital Assets Trading Commission (DATC)? Digital Assets Exchange Commission (DAEC)? 

As it relates to stablecoins, specifically, and regulatory infrastructure, McHenry said that existing regulators could handle it. Moreover, he seemed mildly optimistic about recent stablecoin proposals by the Biden administration as it related to his party’s emerging proposals (such as here and here).

Continue reading “McHenry Proposes New Regulator for Digital Assets -not SEC or CFTC”