Comunitatea cripto se refuză la afirmația președintelui SEC Gensler conform căreia reglementările pentru piețele de capital și cripto ar trebui să fie aceleași

A recent tweet from SEC Chair Gary Gensler clarified his position on crypto markets, saying they should be treated the same as other capital markets, regardless of digital assets using “different technology.”

“There’s no reason to treat the crypto market differently from the rest of the capital markets just because it uses a different technology. "

Crypto markets cannot escape securities laws

Specific, Gensler was referring to U.S. securities laws as they apply to crypto lending. Using the 1966 National Traffic and Motor Vehicle Safety Act as an analogy for protecting motorists, the SEC Chair said that 1930s securities laws also protect investors.

„Ne putem renunța la ideea că împrumutul cripto nu este supus reglementărilor. Dimpotrivă, regulile există de zeci de ani. Platformele nu îi urmăresc.”

Gensler brought up recent market turmoil, in which specific CeFi lenders froze withdrawals and/or filed for bankruptcy—adding that these types of events are precisely why crypto firms should comply with securities laws.

Drilling deeper on this point, the SEC Chair implied some crypto platforms were ducking “time-tested investor protections” by re-labeling a product or the associated promised benefits. However, citing legal precedent, Gensler said a product’s economic realities, not its labels, determine whether securities laws apply.

With that, he slammed non-complying platforms that operate as if they had a choice. More so, those who deliberately choose to flout the law.

„Mai degrabă, este ca și cum aceste platforme spun că au de ales – sau chiar mai rău, spun „Prindă-ne dacă poți”.

It should be noted, speaking to the FT in September 2021, Gensler had also warned crypto platforms that they faced “survival” risk if they ignored existing frameworks. He also mentioned that crypto assets “were no different than others” as far as public policy was concerned.

Comunitatea răspunde

Twitter users took the opportunity to fire back at Gensler; notable themes included ignoring indiscretions from large banks and investment managers and accusations of deliberately împiedicarea crypto markets.

Several prominent crypto figures also chimed in to move the issue of crypto regulation forward. For example, the founder of the Bankless media outlet, Ryan Adams, asked Gensler if he had engaged with the crypto community. With that, Adams extended an invitation to appear on the Bankless show.

"Dar daca Tony Edwards of the Thinking Crypto Podcast was less amiable in calling out Gensler’s take on treating crypto markets the same as other markets. Edwards argued that the global token distribution, which is typical for a cryptocurrency project, warrants an entirely new approach from regulators.

Nu aveți dreptate. Trebuie să reglementați cripto în mod diferit. Tokenurile sunt distribuite la nivel global pe rețele blockchain descentralizate. Multe alte țări tratează criptomoneda ca monedă virtuală, în timp ce vrei ca acestea să fie titluri de valoare pentru a-ți alinia buzunarele și a câștiga mai multă putere. ar trebui sa iti dai demisia!

– Tony Edward (Thinking Crypto Podcast) (@ThinkingCrypto1) August 22, 2022

Currently, there is a tug-of-war between the SEC and the Commodities and Futures Trading Commission (CTFC) over digital asset regulation. It is proposed that cryptocurrencies that qualify as mărfuri fall under the remit of the CTFC.