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Critics Say Gensler's Aggressive Stance Against Crypto Industry Lacks Nuance and Legal Basis

  • Gensler wants to stifle innovation in blockchain technology and digital assets through overbearing regulations. His approach lacks understanding of their potential.

  • Gensler failed to prevent the FTX fraud. Now he wants to punish the industry out of a personal vendetta against one bad actor.

  • The SEC lost in court against Grayscale Investments. The judge said the SEC gave no explanation of what Grayscale did wrong.

  • Congress must act to stop Gensler and the SEC from unlawful enforcement against digital assets without legal authority.

  • Digital assets provide opportunities for Americans to build wealth. Overregulation will cause the U.S. to fall behind global competitors.

coindesk.com
Relevant topic timeline:
Seven leading AI development firms have voluntarily agreed to comply with best practices to ensure the safety, security, and trustworthiness of AI technology, as announced at the White House. The Federal Reserve has also raised concerns about the potential risks posed by quantum computers and AI to the US financial system. Additionally, a disagreement among judges has arisen in the ruling of an SEC enforcement action, and the SEC has proposed rules for digital engagement practices and "robo-adviser" registration. The Depository Trust & Clearing Corporation (DTCC) has announced the wind down of its Global Markets Entity Identifier business, and the enforcement of the California Privacy Rights Act of 2020 has been delayed until March 2024. Finally, Texas has implemented comprehensive privacy legislation through the Texas Data Privacy and Securities Act.
The U.S. Department of the Treasury and the IRS have released proposed regulations on the sale and exchange of digital assets, requiring brokers to report certain transactions and helping taxpayers determine their tax obligations.
The Chairman of the House Financial Services Committee, Patrick McHenry, criticized the Biden Administration's proposed crypto tax regulations, claiming that they aim to "kill" the digital asset industry in the U.S. and urged for clearer rules.
Attorney John Deaton addressed the importance of accountability within regulatory bodies, emphasizing the need to hold both current and previous figures responsible, such as Gary Gensler and Jay Clayton, to maintain fairness and consistency in regulatory actions, particularly in relation to the "Safe Harbor" proposal for cryptocurrencies. Deaton also discussed the complexities of the Ripple legal case and the potential influence it may have on the SEC's approach to other cryptocurrencies, highlighting the urgency of regulatory clarity in order to prevent financial harm in the industry.
The Securities and Exchange Commission (SEC) may have suffered setbacks in its regulation-by-enforcement approach to the cryptocurrency industry, with the latest ruling in favor of Grayscale Investments potentially paving the way for the emergence of a bitcoin spot exchange-traded fund (ETF); however, the SEC could appeal the decision or find new ways to deny similar applications, and the lack of a regulated exchange for the bitcoin spot market remains a challenge. Despite court challenges, SEC Chair Gary Gensler is expected to continue pursuing his regulation tactics, while Congress and a potential Republican president in 2024 may play a role in shaping the regulatory environment for digital assets.
SEC chief Gary Gensler has waged war against the cryptocurrency industry, evolving from an optimistic view to becoming more hardline and filing lawsuits against platforms like FTX, Binance, and Ripple. Despite recent legal setbacks, Gensler remains determined to regulate the sector.
The Committee on Economics Legislation in Australia has recommended that the Digital Assets (Market Regulation) Bill 2023 not be passed, suggesting further research on the topic instead.
Australian investors may face exposure to unregulated markets and potential investment flight if the Digital Assets (Market Regulation) Bill is rejected by parliament, according to Senator Andrew Bragg, the bill's author.
The U.S. Financial Accounting Standards Board has voted to change how digital assets are valued, a move that could benefit companies, including Tesla and Bitcoin, that hold cryptocurrency.
Despite recent losses in court, SEC Chair Gary Gensler remains firm in his belief that his agency should regulate cryptocurrencies as securities, stating that most crypto assets meet the Howey Test and should comply with securities laws. The SEC's defeats in cases against Ripple and Grayscale have not deterred Gensler's stance, and he plans to convey this to lawmakers during a Senate Banking Committee hearing.
SEC Chairman Gary Gensler faced criticism during a House Financial Services Committee hearing regarding the SEC's policies and actions, including the issuance of Staff Accounting Bulletin (SAB) 121 on accounting and disclosure of crypto assets, without consulting prudential regulators or the Financial Accounting Standards Board (FASB). The bulletin, which requires disclosure of risks associated with digital asset custody, has faced opposition and accusations of being "regulation disguised as staff guidance." Issues such as the approval of spot Bitcoin exchange-traded funds and the SEC's stance on Grayscale's Bitcoin ETF application were also discussed.
SEC Chair Gary Gensler criticized the practices of crypto companies and their handling of customer assets in his congressional testimony, while remaining silent on the SEC's plans for spot bitcoin ETFs after a recent legal setback. Gensler also noted that the agency has not yet decided how to proceed with a judge's ruling regarding bitcoin ETF applications. Additionally, Gensler mentioned that the SEC is preparing for a potential government shutdown, which would significantly slow down reviews and approvals of filings.
Venture capital firm Paradigm accuses the SEC of overstepping its boundaries and argues that Congress should be responsible for filling regulatory gaps in cryptocurrencies, not the SEC, as it could harm innovation and destabilize markets outside its jurisdiction.
The House Financial Services Committee's hearing on the oversight of the Securities and Exchange Commission (SEC) revealed ongoing debates over the regulatory status of Bitcoin and Ether, with SEC Chair Gary Gensler providing ambiguous answers and raising questions about the need for congressional action for establishing regulatory clarity in the digital asset market.
Chairmen McHenry and Thompson have released a discussion draft of legislation proposing a statutory framework for digital asset regulation that aims to balance consumer protection and innovation while filling regulatory gaps.
The US Securities and Exchange Commission (SEC) argues in a court motion that digital assets have no inherent value and are therefore considered investment contracts under its jurisdiction.
The US Oversight and Accountability Committee is frustrated with SEC Chair Gary Gensler for not disclosing documents related to the SEC's involvement in European social engineering initiatives, amid growing concerns over his cautious stance towards cryptocurrencies and his intensified regulatory scrutiny of the industry. Meanwhile, the macroeconomic landscape is focused on relaxing financial conditions, potentially leading to significant developments in the cryptocurrency market, particularly for altcoins like Chainlink, Polygon, Cardano, Ripple, and Polkadot.
The development of blockchain-based digital assets has created a challenge for legislators and regulators, who must create a legal framework that balances innovation and financial system integrity, with progress being made through the efforts of industry actors and advocacy communities despite regulatory hostility, lawsuits, and lack of clarity in existing rules.