Previewing Congress’s Joint Crypto Regulation Hearing


Over the previous a number of weeks, Congress – significantly the House Financial Services Committee – has held a lot of hearings on crypto and its position on the planet. Even a listening to supposedly centered on overseeing the U.S. Securities and Exchange Commission as a substitute principally noticed questions on crypto and local weather points. Tomorrow, we’ll see one other listening to, held with the House Agriculture Committee, particularly discussing crypto regulation.

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The narrative

“Regulatory clarity,” the way in which the crypto business defines it, can are available one among two methods: Either a federal regulator supplies formal steering and rulemaking addressing one or one other concern, or Congress passes a regulation defining these issues. Regulators just like the Securities and Exchange Commission (SEC) or Commodity Futures Trading Commission (CFTC) have issued some proposed guidelines (sparking backlash from the business in some instances), however typically hopes have been centered on Congress probably taking motion. We’re going to see another hearing kick off this week that hopes to handle the crypto market.

Why it issues

Congress continues to grapple with the thought of crypto regulation. What contemporary steering would appear to be in apply continues to be up within the air, however lawmakers are taking one other swing on the query on Wednesday.

Breaking it down

We do not know for certain if any precise laws will transfer ahead this 12 months. The business’s expectation was {that a} stablecoin invoice would have the best likelihood of success when it comes to turning into regulation. Those expectations have been fairly effectively dashed throughout a listening to on stablecoins earlier this month when Congresswoman Maxine Waters (D-Calif.), the rating member of the House Financial Services Committee, mentioned that the invoice mirrored considering from final October – and that, in her view, the committee wanted to “start from scratch.”

Admittedly, it by no means seemed just like the Senate Banking Committee was publicly wherever near getting concerned within the invoice, however the reality the House had a bipartisan product urged there was an opportunity. That’s useless now.

Despite this, lawmakers seem optimistic in regards to the possibilities of a invoice being signed into regulation over the following 12 months.

At Consensus 2023 the opposite week, I requested Congressman Patrick McHenry (R-N.C.), the Chair of the Financial Services Committee, if he believed there was a path for laws to change into a regulation this 12 months.

He mentioned “Yes,” and added {that a} new invoice addressing market construction points can be introduced within two months.

Senator Cynthia Lummis (R-Wyo.), the opposite lawmaker on stage with me, appeared equally optimistic.

From the House perspective, the following step towards laws continues to be Wednesday’s listening to, kicking off at 9:30 a.m. ET and that includes former Commodity Futures Trading Commission Chair and present Harvard Research Fellow Timothy Massad, Republic Crypto Head Andrew Durgee, Wilmer Cutler Pickering Hale and Dorr Partner Matthew Kulkin, Kraken Chief Legal Officer Marco Santori and Web3 Foundation Chief Legal Officer Daniel Schoenberger.

In his written testimony, Massad mentioned one situation is the dearth of a federal spot market regulator for non-securities cryptocurrencies, and the talk round the way to even classify whether or not a given crypto is a safety or not.

“Chair Gary Gensler of the SEC says most tokens are securities and the problem is a lack of compliance with existing legal requirements. Industry participants complain about a lack of clarity in the rules for resolving this issue and have called for regulators to create a new set of rules specifically for crypto,” he mentioned. “Meanwhile trading and lending platforms claim they are only dealing in tokens that are not securities – thereby avoiding direct federal oversight. As a result, investor protection on crypto trading and lending platforms is woefully inadequate.”

Massad proposed Congress go a regulation creating sure rules and requirements by which each change must abide by, no matter whether or not the token being listed is a safety or a commodity.

Doing so, he argued, would negate the necessity to develop the definition of securities legal guidelines or create a brand new class system for digital property whereas nonetheless encompassing all the crypto market.

The listening to additionally options a joint proposed resolution saying Congress should present additional steering for the U.S. Securities and Exchange Commission and Commodity Futures Trading Commission on the way to convey current regulatory protections to the crypto sector.


  • 14:00 UTC (10:00 a.m. ET) There was a listening to within the ongoing Blockfi chapter case, although any ruling has been deferred to Thursday.


  • 12:30 UTC (2:30 p.m. CET) The French Senate will maintain a listening to on influencers in crypto.
  • 15:00 UTC (11:00 a.m. ET) A federal courtroom will sentence Ishan Wahi, the previous Coinbase worker who pleaded responsible to insider buying and selling costs.


  • 13:30 UTC (9:30 a.m. ET) The House Financial Services and Agriculture Committees will maintain their first joint listening to on digital property. House Financial Services Committee Chair Patrick McHenry (R-N.C.) introduced the joint hearings at Consensus final month.


  • 14:30 UTC (10:30 a.m. ET) Judge Lewis Kaplan of the New York Southern District Bankruptcy Court will make a ruling on sure sorts of withdrawals and whether or not they need to be allowed within the ongoing Blockfi case.
  • (The Verge) I assumed this was an attention-grabbing snapshot of the web 25 years after Google’s launch.
  • (Bloomberg) Shaquille O’Neal attorneys say that course of servers making an attempt to serve a lawsuit threw it at his automobile, which he was driving on the time (attorneys behind the swimsuit previously said the basketball participant had been “hiding” from the servers).

Shaq is now rejecting the FTX lawsuit, saying the summons papers have been thrown at his automobile, lol

— sarah emerson (@SarahNEmerson) May 9, 2023

If you’ve obtained ideas or questions on what I ought to talk about subsequent week or another suggestions you’d prefer to share, be at liberty to electronic mail me at or discover me on Twitter @nikhileshde.

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See ya’ll subsequent week!

The views and opinions expressed herein are the views and opinions of the creator and don’t essentially replicate these of Nasdaq, Inc.

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