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Posted by7 hours ago

Why the SEC's Recent DeFi Regulation Attempt Misses the Mark

The U.S. Securities and Exchange Commission (SEC) recently reopened the comment period for a set of proposed rules aiming to redefine blockchain protocols as regulated securities exchanges, marking their second attempt at regulating decentralized finance (DeFi) since early 2022. However, this attempt is full of fatal flaws that have only worsened in the latest version.

Key Problems

  1. Fundamental Misunderstanding of Blockchain Technology: The central problem with the SEC's proposal lies in trying to treat blockchain protocols as regulated exchanges. This does not align with the Exchange Act of 1934, existing exchange regulations, or an accurate understanding of how blockchain technology works.

  2. Vagueness and Lack of Clarity: Most of the criticism on the initial version of the proposal was centered around its vagueness. Unfortunately, the 2023 draft cures almost none of these long-standing problems.

  3. Unclear Thresholds and Standards: The proposal does not clearly define the threshold of "significant" token ownership or when a service provider starts exercising enough control to become responsible. It lacks clear guidelines and raises more questions than it answers.

  4. Extraterritoriality: A significant percentage of individuals and entities participating in blockchain protocols are based outside the United States. As U.S. securities laws generally do not apply extraterritorially, this creates an immense amount of uncertainty.

Potential Impact

  1. Suppressing Innovation: The proposal could stifle innovation in the blockchain space. By suggesting that software developers may be liable for their code, it could disincentivize the development of free, open-source software.

  2. Regulatory Burdens: The proposal does not recognize the immense regulatory burdens it would place on ordinary individuals participating in the blockchain ecosystem, such as validators, DAO members, and liquidity providers.

It's clear that new U.S. legislation, like the recently published market structure bill, is sorely needed. This attempt at rulemaking provides compelling evidence that the SEC's current approach, based on a fundamental misunderstanding of blockchain technology and DeFi, is flawed and inadequate.

What are your thoughts on the SEC's latest proposal? Share below.👇

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