Deep Dive Episode 220 – The Government’s Arms Around Cryptocurrency: Hug or Stranglehold?
Regulatory Transparency Project's Fourth Branch Podcast
|Topics:||Administrative Law & Regulation • Corporations, Securities & Antitrust • Financial Services • Regulatory Transparency Project • Cryptocurrency|
|Sponsors:||Financial Services & E-Commerce Practice Group, Regulatory Transparency Project|
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As the cryptocurrency industry grows, state and federal governments are considering how that industry should be regulated. The President has directed the Secretary of the Treasury to report soon on the issues involved. A draft bill that would regulate stablecoins has been released in the U.S. Senate. Meanwhile, states are competing with one another to adopt regulatory laws that may attract cryptocurrency firms to their welcoming, but taxing, arms striving for economic growth.
Will regulation be designed to avoid discouraging innovation in a highly creative environment? Fears have been expressed that unregulated cryptocurrency could theoretically present systemic risk, and consumers may need to be protected–particularly in light of the recent collapse of the Luna cryptocurrency and its related Terra stablecoin. Some believe that regulation may be an opportunity to include those presently unserved by the banking system. Complicating this already complicated picture may be rivalry among multiple federal agencies, including the banking regulators, the Securities and Exchange Commission, the Commodities Futures Trading Commission, and the Federal Trade Commission, each of which may make a case for potential authority over aspects of the cryptocurrency industry. Our panel of experts addressed these timely and controversial questions.
- Douglas Elliott, Partner, Oliver Wyaman
- Michael Piwowar, Executive Director, Milken Institute Center for Financial Markets
- Dawn Stump, Former Commissioner, U.S. Commodity Futures Trading Commission
- Thomas Vartanian, Executive Director, Financial Technology & Cybersecurity Center
- [Moderator] Paul N. Watkins, Senior Advisor, Patomak Global Partners
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.