Senator Booker May Co-Sponsor RFIA Bill; Stablecoin Bills are “Meld”-ing

Senators Gillibrand and Lumis

This morning at Bloomberg’s Crypto Summit in New York City, Senator Cynthia Lummis (R, WY) and Senator Kirsten Gillibrand, (D, NY) continued their outreach to the blockchain industry with a 15-minute, recently recorded fireside chat on the Responsible Financial Innovation Act (RFIA) with Bloomberg’s Allyson Versprille. The chat featured familiar talking points as well as a deeper discussion on timelines and attainable milestones for their bill and components of it.

The Highlights

Senator Lummis said specifically that the stablecoin part of the bill could “go through” the Senate Banking Committee on which she sits this year led by Senator Pat Toomey (R, PA).

The total RFIA bill will likely take until and through next year said Senator Lummis. Senator Gillibrand emphasized bi-partisan participation on behalf of Democrats noting Senator Wyden’s (D, OR) participation on tax provisions as well as overall participation by Democrats in the Senate Banking and Agriculture Committees.

Continuing to address RFIA’s momentum, NIST‘s cybersecurity piece could move forward on the Intelligence Committee of which Senator Gillibrand is a member. Gillibrand added that she and Senator Lummis are actively educating Congress on their bill. Senator Lummis emphasized bi-partisan education on Senate Banking as well as keeping Republican leadership informed on timelines. She also said, on the House side, that Maxine Waters (D, CA) and Patrick McHenry (R, NC) are “coalescing” on thoughts related to RFIA.

Continue reading “Senator Booker May Co-Sponsor RFIA Bill; Stablecoin Bills are “Meld”-ing”

Can Senator Toomey Get Stablecoin Legislation Passed Before He Leaves?

Senator Patrick Toomey

There’s an opening for the passage of stablecoin legislation this year.

No, really.

Even though crypto critiques rage and bankruptcies blare while crypto prices swirl around the drain, this is the moment for Senator Patrick Toomey (R, PA) to deliver a first-of-its-kind law on stablecoins before he leaves office in January.

Complicating matters, narratives have changed in the past several months:

    • Pre-“crypto winter” narrative: “Legislation is coming to help support innovation and grow the blockchain industry.”
    • “Crypto winter” narrative: “Legislation needs to save us from the contagion that blockchain technology could ignite in the financial system.”

Yet, with either narrative, there’s an acute need for stablecoin legislation.

And so the table is set for Senator Toomey, who could steward narrowly-defined legislation in an expedited process that builds on his Stablecoin TRUST Act. In fact, the Senator said 2022 passage was possible only a month ago when speaking at the Consensus conference in Austin:
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A Wave of Regulation Sweeps Digital Europe and The Blockchain Industry

Regulation in Europe

European government officials have been busy the past several weeks as efforts to improve the guardrails around the digital commerce and blockchain ecosystems finally came to fruition. Let’s review.

MiCA

Regarding the new Markets in Crypto-Assets (MiCA) regulation framework agreed to on June 30, Stefan Berger, a German centre-right lawmaker who helped lead the European Parliament’s negotiations was widely quoted as saying, “Today we put order in the Wild West of crypto assets and set clear rules for a harmonised market.” He added, “The recent fall in the value of digital currencies shows us how highly risky and speculative they are and that it is fundamental to act.”

CNBC described some of the regulation’s most restrictive elements:

“Under the new rules, stablecoins like tether and Circle’s USDC will be required to maintain ample reserves to meet redemption requests in the event of mass withdrawals. Stablecoins that become too large also face being limited to 200 million euros in transactions per day.”

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The New ‘American Data Privacy and Protection Act’ and Blockchain Technology

American Data Privacy and Protection Act

To be clear – there is no mention of blockchain technology and cryptocurrency in the new American Data Privacy and Protection Act (ADPPA). But, with its introduction, it may raise the question for some of when/where privacy can be a part of the blockchain discussion.

A track of content at last Saturday’s crypto conference Consensus 2022 in Austin, Texas said it “all” with its title: “Can We Solve Privacy?

Later in the day, Carole House, Director for Cybersecurity and Secure Digital Innovation for the White House National Security Council, told the audience she is hopeful that one day uniform KYC AML (Know-Your-Customer Anti-Money-Laundering) crypto rules can be applied globally for financial transactions – an application at the opposite end of privacy. Yet, she also indicated that consumer privacy is a conundrum that needs to be solved for today’s blockchain tech.

Similar to recent blockchain policy efforts such as the Responsible Financial Innovation Act in the Senate and the Digital Commodity Exchange Act in the House, creating a “a strong national framework” – and this time for a national government data privacy policy – is taking centerstage this week with hearings for the ADPPA.

The bill was released as a draft on June 3:
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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.

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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”

Will Senator Gillibrand Tell Governor Hochul to Veto Bitcoin Mining Bill This Week?

Gillibrand and Hochul

This is a big week for Governor Kathy Hochul and Senator Kirsten Gillibrand of New York as their proof-of-political-relationship will likely be tested by a proof-of-work (PoW) Bitcoin mining ban for crypto companies using fossil fuels in New York State.

For Governor Hochul, the ongoing Bitcoin mining battle in New York has been brought to her desk for signature as the state senate delivered an early Friday morning rebuke to crypto miners in the Empire state with approval of a 2-year moratorium (see the bill).

Will she sign or won’t she?  There is no indication yet. NY’s State Assembly approved the bill on April 26.

Meanwhile, this Tuesday June 7, Senator Gillibrand (D, NY) is expected to join with her Republican co-sponsor, Senator Cynthia Lummis (R, WY), on the most eagerly anticipated bill to ever be introduced in Congress on digital assets and their regulation.

New York Governor Kathy Hochul’s signature or veto must occur within 10 days (as of Friday morning, 6/3) according to legislative rules so that makes “zero hour” Monday, 6/13, at the latest. It seems hard to imagine Governor Hochul stealing Gillibrand’s thunder by signing or vetoing anything until after June 7.

In fact, a discussion is likely happening right now between Senator Gillibrand and Governor Hochul on timing – here’s a sample of their previous coordination and alignment in the past two years:
Continue reading “Will Senator Gillibrand Tell Governor Hochul to Veto Bitcoin Mining Bill This Week?”

The Bi-Partisan Slay, SEC and CFTC Need Help, DC Versus Davos

DC Blockchain Summit

It was a remarkable week for the blockchain technology community last week: there were conferences where blockchain was top of mind, congressional and regulatory superstars were involved and engaged, and even some humble pie was served.

Let’s review.

The Bi-Partisan Slay

In a country starved for something-we-can-all-agree-upon, along comes blockchain technology guided by its community and successful in its appeal across gender, race and both sides of the U.S. Congressional aisle. In the process, and appearing in one conference, Congressmen Soto (D, FL) and Emmer (R, MN), Senators Lummis (R, WY) and Gillibrand (D, NY), and Senators Daines (R, MT) and Booker (D, NJ) have dashed to the blockchain rooftop like Santa’s strongest reindeer.

Slay

Can you imagine this in 2017? How about 2020? Me neither. And yet it’s happening in 2022. The bi-partisan/non-partisan rhetoric achieved new heights at the DC Blockchain Summit with Senator Cory Booker saying emphatically that he sees an opportunity to close the wealth gap in minority communities with the growing blockchain technology industry.

This bipartisan, non-partisan thing is the secret sauce for the blockchain community.

DC vs Davos

Blockchain dollars flowed into Davos, Switzerland, and the World Economic Forum for its delayed annual gathering last week. Given the event’s unspoken positioning as a watering hole for global elites – Davos gives attending companies and organizations a branding element that says they’re global players, too.

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