Drama in U.S. Congress over Speaker of the House leaves crypto legislation on pause

By Sarah Wynn. (The Block). October 12, 2023.

The race between Rep. Steve Scalise, R-La., and Jim Jordan, R-Ohio, is tight, as House Republicans gather on Thursday to see if there could be enough votes for Scalise. 

Prospects for a more permanent U.S. House speaker are not looking up, which could kick cryptocurrency legislation further down the road.

The race between Rep. Steve Scalise, R-La., and Jim Jordan, R-Ohio, is tight, as House Republicans gather on Thursday to see if there could be enough votes for Scalise. 

“The general consensus from many folks that we’re talking to is that this does not seem like it’s going to get solved this week,” said Ron Hammond, director of government relations at the Blockchain Association. 

Read the full story from The Block here: “Drama in U.S. Congress over Speaker of the House leaves crypto legislation on pause.”

Crypto Needs Congress, But U.S. Lawmakers Have Opted for Pandemonium

By Jesse Hamilton. (CoinDesk). October 9, 2023.

Without the U.S. Congress outlining a clear system of rules, the crypto industry fears it’ll be relegated as a volatile financial backwater. But Capitol Hill is beset by drama, including a U.S. House of Representatives that fired its speaker and a budget debate that could derail the federal government.

Two crypto bills are carrying a lot of the sector’s hopes, because they’ve made it further than any legislation to date: one House bill that would establish rules for digital assets markets and another that would set up regulations for issuing and trading stablecoins in the U.S. Until now, Crypto lobbyists thought that both pieces of legislation had a shot to reach the House floor in November.

The problems: Nov. 17 is the new deadline for a government shutdown, unless Congress can agree to a spending plan it wasn’t able to execute last month. And one of the top voices in that negotiation is the speaker of the House. Republicans dumped the speaker, Rep. Kevin McCarthy (R-Calif.), in an unprecedented fashion and are yet to pick a new one.

Read the full piece from CoinDesk here: “Crypto Needs Congress, But U.S. Lawmakers Have Opted for Pandemonium.”

Regulators Increase Their Power Over Crypto But With Little To Show For It

By Ike Brannon. October 26, 2022. (Forbes).

Federal regulators are notorious for bogging down industries and stifling economic growth with myriad regulations, which is why most industries are loath to ask Congress to enact more regulations. Yet, that’s precisely what cryptocurrency companies and investors alike are asking for.

The fact that Congress has yet to consider any crypto-specific legislation has left regulators to their own devices, to which they have responded by adopting a strategy of regulation through enforcement: Instead of prescribing what is and is not possible in this space they merely react to the actions of market participants and then determine whether what they did is, in fact, allowable.

While such ex post regulations are easier for regulators, it leaves us with a market in which those that innovate in this market risk being subject to retroactive punishment and ruinous lawsuits.

Read the full article here.

Crypto Goes to Washington

By Molly Ball. October 3, 2022. (TIME).

To the untrained ear, Hester Peirce’s comment sounded anodyne, but everyone in the audience knew what she was doing: selling out her boss. “It’s fairly clear,” the U.S. Securities and Exchange commissioner said from the Washington conference stage, “that we’ve been taking an enforcement-first approach in an area where we should be taking a regulatory-first approach. I think we’ve got the balance wrong right now.”

Peirce was speaking at the D.C. Blockchain Summit in May, to an audience of the cryptocurrency faithful. Outside the auditorium, geeks, lobbyists and investors mingled in a cavernous converted warehouse. “Trust is non-fungible,” read a banner for the accounting firm Deloitte, hung from a balcony where the company was sponsoring a lavish spread of snacks. Most attendees were done up in D.C. drag—conservative suits and dresses, more boardroom than Burning Man.

Read the full article.

Beyer Introduces New Legislation to Regulate Digital Assets

By Rep. Don Beyer (D, VA-8). July 28, 2021. Rep. Don Beyer (D-VA) today introduced the Digital Asset Market Structure and Investor Protection Act, legislation that would protect consumers and promote innovation by incorporating digital assets into existing financial regulatory structures.

“Innovation in the digital asset sector is creating new goods and services every day as well as many new, high-quality jobs. The United States should provide a legal and regulatory environment which promotes this type of innovation and growth,” said Rep. Beyer. “Digital assets and blockchain technology hold great promise, and it is clear that assets like Bitcoin and Ether are here to stay. Unfortunately, the current digital asset market structure and regulatory framework is ambiguous and dangerous for investors and consumers. Digital asset holders have been subjected to rampant fraud, theft, and market manipulation for years, yet Congress has hitherto ignored the entreaties of industry experts and federal regulators to create a comprehensive legal framework. Our laws are behind the times, and my bill would start the long overdue process of updating them to give digital asset holders and investors basic protections.”

Since the introduction of Bitcoin in late 2008 digital assets have evolved from technological curiosities into financial instruments used by millions of ordinary Americans. Today there are over 11,000 separate digital asset tokens in existence, with a market capitalization of over $1.5 trillion.  An estimated 20-46 million Americans own Bitcoin and other digital assets, and that number is expected to grow. Many of these digital asset market participants, who are primarily average Americans rather than large institutional investors, have been victims of theft during trading platform hacks, or been exposed to significant market manipulation or frauds such as ponzi schemes.

Digital assets have also been widely used for money laundering and other illicit purposes. For instance, in May 2021, the Colonial Pipeline, which provides gasoline to much of the eastern United States, had its computer system hacked and was forced to pay a $4.4 million ransom in Bitcoin, which is the preferred currency for ransomware attacks.

Read Rep. Beyer’s Full Statement Here.

Elizabeth Warren Wants The SEC To Kill Crypto. Gary Gensler Had Better Not Agree.

By Jared Whitley. July 23, 2021. (Seeking Alpha)

Sen. Elizabeth Warren (D-Mass.) has made herself clear that she sees cryptocurrencies as “bogus private digital money” and a kind of social pestilence that needs to be annihilated through regulation. In short, she has no idea what blockchain technology is, what it does, how it works or why people use it – but it has to be stopped and she’s going to stop it.

Like many geriatric progressives approaching their sell-by date in Congress, Warren is so out of step that young progressives in her own party shake their heads at how wrong she is on this one.

But Warren is not some harmless grandmother yelling from her porch – she’s the chair of a Senate Banking subcommittee, and she can do real damage. In a recent letter to U.S. Securities and Exchange Commission Chairman Gary Gensler, Warren not so subtly demanded that the agency start grabbing more regulatory power in order to smash U.S.-based cryptocurrency exchanges. Legal and industry experts believe that Warren colluded with anti-crypto zealots inside the SEC to write that letter as a Beltway power play, hoping to lock in the SEC as “the Terminator” before other agencies, like the Commodity Futures Trading Commission (CFTC), dare to legitimize the utility and benefits of this new technology. Taking a step back, it was an act of desperation by a faction of Washington dinosaurs that are poised to be on the losing side of history, and Gensler’s agency is in turmoil.

Read the Full Article Here.