Consensus 2018: Regulators Ready to Promote but Monitor Blockchain

- Advertisement -

“Lots of discretion goes into enforcement,” said Bunnell, now a partner and chair of the data security and privacy practice at law firm O’Melveny.

Dual Roles

Robert A. Cohen, chief of the SEC’s newly created Cyber Unit, said his agency’s role is to facilitate and regulate new ways of raising capital. “We don’t regulate the technology, we regulate the financial industry,” he said. “Whenever a new technology or way to raise capital [emerges], a fundamental part of the mission is to facilitate that.”

At the same time, the creation of the SEC’s Cyber Unit reflects the idea that the sector “is a high priority for the commission” at a time of shrinking budgets, Cohen said. That’s in large part due to what he called “a significant risk of fraud… as in any area with new and exciting technology and the opportunity to invest.”

The SEC will place an emphasis on fraud cases involving retail investors, Cohen added: “They handed over millions for digital assets, and that money’s at risk.”

U.S. agencies have considerable overlap when it comes to securities and commodities as well as civil and criminal prosecution.

Sujit Raman, associate deputy attorney general in the Department of Justice, says his agency coordinates with the CFTC and the SEC on criminal investigations. “When that line is crossed, we have very strong partnerships,” he said.

- Advertisement -

James McDonald, the CFTC’s director of enforcement, added that all agencies are working to maintain a dialogue with the companies they regulate. “We are working hard to create that kind of conversation,” he said. “It is incumbent on us as regulators, and the public expects us to coordinate our efforts.”

While Cohen said the SEC is taking a “thoughtful and deliberate approach” to determining whether utility and security tokens should be regulated as securities, McDonald cautioned that if investors can profit from the efforts of others, “that’s probably a security.”

That’s the World We Live In’

Kiran Raj, chief strategy officer at Bittrex, offered his own advice to companies navigating the space: “Get a lawyer.” Other blockchain leaders agree. Polymath CEO Trevor Koverko argued that blockchain financial models ultimately must fit within existing regulatory frameworks. “That’s the world we live in,” he said.

- Advertisement -



Previous Articles:

- Advertisement -

Latest

Bitcoin Eyes $120,000 After Smashing New Highs, Analysts Say

Bitcoin reached new record highs above $109,000 and briefly surpassed $110,000. Technical analysis suggests Bitcoin could test the $120,000 level in the next few weeks. Market...

Crypto Influencer Pompliano’s ProCap SPAC Jumps 7% on Nasdaq Debut

ProCap Acquisition Corp rose 7% on its Nasdaq debut, closing at $10.70 per share.The initial public offering (IPO) was increased to $220 million, selling...

Bitcoin Surges to Record High Near $110,000 Amid Institutional Demand

Bitcoin reached a new record high near $110,000, driven by three main factors. Strong demand...

Bitcoin Hits Record $109,565—Experts Predict Even Higher in 2025

Bitcoin hit a new all-time high of $109,565 on Wednesday.Major analysts and executives predict the cryptocurrency could reach between $150,000 and $1 million in...

Bitcoin Hits $109K ATH as Network Decentralization, Fees Fall

Bitcoin reached a new all-time high above $109,400 in New York trading.Key network health metrics, such as decentralization and transaction fees, are near record...

Must Read

Ethereum Hosting: TOP 10 Companies to Buy Hosting With Ethereum

If you are looking for Ethereum Hosting, you've hit the jackpot. In this article, we will present the 10 Best companies to buy hosting...