Congressional crypto hearing illustrates political stalemate on digital assets

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Congressional crypto hearing illustrates political stalemate on digital assets
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Will political gridlock stop progress on digital assets in Washington?

The principal narrative, articulated by the hearing’s initiators, was that Congress should intervene with its own regulatory project to provide certainty, stop “regulation through enforcement” and address the competition between regulating agencies. But maybe it actually shouldn’t, believe many lawyers as well.

In a hardly surprising move, Representative Stephen Lynch, a Democrat from Massachusetts, laid out the exact opposite position following Hill’s speech. Lynch urged not to fall into the false “industry-fueled narrative” about a turf war between the Commodity Futures Trading Commission and the SEC. He claimed that digital assets registered as securities could not be traded on existing crypto exchanges, none of which are registered as national securities exchanges. Durgee advocated change, proposing to include a number of legal definitions in any future amendments, such as the autonomous smart contract, deployers of the smart contract, liquidity providers and front-end websites operators.

Timothy Massad, a research fellow from Harvard Kennedy School, offer an alternative to the proposed approach of taming the SEC and potentially expanding the CFTC’s powers. “Perhaps the House members who are pro-innovation in the digital asset space could serve as something of a bulwark against executive overreach. But when surveying the ultrapartisan and divided House, it doesn’t seem terribly likely that something tangible will happen at the moment.”

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