SEC Commissioner Hester Peirce discusses the approval of 11 spot Bitcoin ETFs, the SEC's hacked Twitter account, and why the SEC took issue with in-kind redemptions. They also explore crypto regulation, evaluating digital assets, and the biggest misconception about the SEC.
SEC Commissioner Hester Peirce emphasizes the need for consistent standards for approving exchange-traded products, questioning why Bitcoin is treated differently and expressing frustration with the slow approval process of Bitcoin ETFs.
Bitcoin is classified as a commodity rather than a security, highlighting the importance of legal clarity to avoid ambiguity and suggesting that the initial sale of a product should be considered when determining its classification as a digital asset.
Deep dives
The Frustration with the SEC's Handling of Bitcoin ETFs
SEC Commissioner Hester Purse expresses frustration with the slow approval process of Bitcoin ETFs and calls it a squandered opportunity. She highlights that the industry provided ample data and that similar products were trading in other countries. However, nothing moved forward until a court intervened. Purse questions why Bitcoin was treated differently and emphasizes the need for consistent standards for approving exchange-traded products.
Chair Gensler's Influence and the Commission's Role
Chair Gary Gensler's views on Bitcoin, such as calling it speculative and associated with illicit activity, do not dictate the SEC's approval decision. While Gensler voted in favor of the Bitcoin ETF, it is important to understand that the SEC's role is not to endorse or recommend investments. Instead, the commission ensures that products meet legal standards. The approval of a Bitcoin ETF marks an opportunity for American investors to access the asset, but it is crucial to recognize the need for investor choice and personal judgment.
The Difference Between Bitcoin and Other Cryptocurrencies
Bitcoin is deemed different from other cryptocurrencies because it is not classified as a security but rather as a commodity. However, the SEC's determination of whether a digital asset falls under the security category is not always precise. Commissioner Purse highlights the importance of legal clarity to avoid ambiguity and suggests that it matters how a product was initially sold rather than focusing solely on the asset itself.
The Need for Regulatory Framework and Congressional Input
There is a need for a regulatory framework that suits the unique nature of crypto assets. While the existing securities law can be utilized to create a framework, Congress may also consider a new framework specifically tailored to crypto assets. Commissioner Purse welcomes congressional input and emphasizes the importance of collaboration to find solutions that strike a balance between regulation and innovation. She encourages the SEC to actively engage with industry participants and work towards providing guidance and clarity.
In this episode with SEC Commissioner Hester Peirce we discuss:
The approval of 11 spot Bitcoin ETFs
SEC's hacked X account ahead of the ETF approval
Why the SEC took issue with in-kind redemptions
Crypto regulation and how Bitcoin is different
Are current securities laws sufficient or do we need a new framework for evaluating digital assets?
What is the biggest misconception about the SEC?
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Bio: Hester M. Peirce was appointed by President Donald J. Trump to the U.S. Securities and Exchange Commission and was sworn in on January 11, 2018. Prior to joining the SEC, Commissioner Peirce conducted research on the regulation of financial markets at the Mercatus Center at George Mason University. She was a Senior Counsel on the U.S. Senate Committee on Banking, Housing, and Urban Affairs, where she advised Ranking Member Richard Shelby and other members of the Committee on securities issues. Commissioner Peirce served as counsel to SEC Commissioner Paul S. Atkins. She also worked as a Staff Attorney in the SEC’s Division of Investment Management. Commissioner Peirce was an associate at Wilmer, Cutler & Pickering (now WilmerHale) and clerked for Judge Roger Andewelt on the Court of Federal Claims. Follow Commissioner Peirce on X: https://twitter.com/HesterPeirce
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This podcast is for educational purposes and should not be construed as official investment advice.