Under the First Crypto President, What Will Regulation of the Industry Look Like? - Ep. 747
Dec 10, 2024
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In this engaging discussion, Mike Selig, a partner at Willkie Farr & Gallagher who specializes in crypto law, and Jake Chervinsky, Chief Legal Officer at Variant, share their insights on the impending regulatory changes under SEC Chair Paul Atkins. They explore the potential easing of aggressive enforcement strategies and how this might foster innovation in the crypto space. The duo also delves into the future of significant court cases, potential settlements, and the collaboration between the SEC and CFTC, highlighting a pivotal time for cryptocurrency regulation.
Paul Atkins' appointment as SEC Chair may shift the regulatory focus from enforcement to fostering innovation within the crypto industry.
The SEC is expected to clarify regulations surrounding ICOs and airdrops, potentially introducing safe harbor provisions for compliance.
The CFTC's anticipated expanded role in crypto regulation could establish a more cohesive framework and encourage collaboration with the SEC.
Deep dives
Impact of Paul Atkins as SEC Chair
The appointment of Paul Atkins as the new SEC Chair is expected to significantly shift the regulatory landscape for crypto. Unlike his predecessor Gary Gensler, who enforced strict regulatory measures, Atkins is anticipated to adopt a more supportive stance towards cryptocurrency innovation in the United States. It is believed that the SEC under Atkins will prioritize engaging in public rulemaking processes rather than relying on enforcement actions, aiming for a collaborative approach with the crypto industry. This shift could lead to deregulatory changes that might eliminate burdensome rules imposed by the previous administration, thereby fostering a more conducive environment for crypto businesses.
Diverging Enforcement Priorities
Under the new administration, changes in the SEC's enforcement priorities are expected. Paul Atkins is not inclined towards regulation by enforcement, suggesting a move away from the SEC's previous aggressive legal stances against crypto firms. The new leadership may seek to abandon many ongoing lawsuits and Wells notices against industry players, particularly when there are no allegations of fraud. This approach aims to facilitate a dialogue with the industry, promoting innovation rather than stifling it through punitive measures.
Potential Regulation Changes for ICOs and Airdrops
Atkins' SEC is likely to revisit the regulatory frameworks surrounding initial coin offerings (ICOs) and airdrops, providing much-needed clarity. The discussion about whether airdrops constitute a sale under securities laws is expected, with potential safe harbor provisions allowing for these practices to occur without regulatory penalties. By creating clear guidelines on what identifies a security when it comes to digital assets, the SEC might encourage more compliant ICOs and airdrops while safeguarding against fraudulent activities. Such changes would foster an environment where innovation can thrive, potentially reigniting interest in token fundraising.
The Role of CFTC in Crypto Regulation
The Commodities Futures Trading Commission (CFTC) is anticipated to take on a more prominent role in regulating crypto markets under the new administration. Historically focused on derivatives, the CFTC's potential expansion into the broader crypto space could lead to a cohesive regulatory framework that delineates responsibilities between it and the SEC. This partnership may pave the way for clearer regulations surrounding digital commodities, with the CFTC ensuring fraud protection while maintaining flexibility for innovation. The collaborative approach may also encourage market participation from traditional banking institutions, facilitating smoother interactions within the financial landscape.
Impacts of Treasury Policies on Crypto
The appointment of Scott Bessent as Treasury Secretary is expected to influence crypto regulation significantly, particularly in areas concerning national security and illicit finance. There is a focus on understanding how Treasury policies impact the crypto landscape, especially concerning anti-money laundering rules that have constrained innovation. Bessent's approach may indicate a willingness to engage with the crypto industry, aiming to find a balance between compliance and encouraging technological advancement. His leadership may prompt a reassessment of existing regulations that impede the growth of crypto businesses while addressing necessary security concerns.
Potential Revival of Crypto-Focused Banks
There are speculations regarding the revival of crypto-focused banks following the new administration's leadership change. As traditional banks have grown hesitant to serve crypto companies under the previous regulatory climate, a new approach may lead to increased interest in establishing banks that specialize in servicing the crypto sector. These institutions could provide necessary banking infrastructure, mitigating the challenges faced by crypto businesses. If the CFTC and SEC collaborate effectively, it could pave the way for banks to confidently engage with the crypto industry, fostering further growth.
With Paul Atkins as the incoming SEC Chair, David Sacks as the AI & Crypto Czar, and potential CFTC leadership changes, the Trump administration is signaling a major shift for crypto, AI, and financial regulation.
Guests Mike Selig and Jake Chervinsky break down what this means for token launches, enforcement actions, inter-agency collaboration, and the fate of Operation Chokepoint 2.0. Could this mark the end of the U.S.’s regulatory hostility toward innovation?
Show highlights:
02:18-What changes to expect under an Atkins-led SEC
08:58-Who could lead the SEC in the period between Gensler resigning and Atkins assuming
11:54-Whether the Democrats will nominate SEC Commissioner Crenshaw again
15:50-Elizabeth Warren's influence on the non-Republican SEC commissioner picks
23:39-Whether Atkins’ leadership at the SEC might shift crypto regulation away from aggressive enforcement
28:26-Whether Gensler’s recent promotion of people in enforcement roles will further his SEC’s regulation-by-enforcement strategy
38:52-Whether the SEC and Coinbase will reach a settlement
41:47-Why Mike and Jake think it’s not likely that the SEC will pursue litigation in the Ripple case
46:03-How the SEC might clarify securities laws around token sales, airdrops, and exemptions
55:14-Whether Atkins’ leadership could fast-track Hester Peirce’s Safe Harbor
59:53-How the CFTC's potential lead on crypto regulation might redefine how it splits duties with the SEC
1:03:03-Whether it even makes sense to have two financial regulatory agencies
1:11:00-Who might lead the CFTC
1:13:59-Why Jake and Mike believe combining AI and crypto under one ‘czar’ makes sense
1:20:31-How the appointment of Scott Bessent for Treasury secretary will affect the crypto industry
1:25:47-How the likely end to Operation Chokepoint 2.0 will create a “sea change”
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