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Experts Caution Against Overregulating Cryptocurrency

Though regulators may want to regulate cryptocurrency to protect consumers, experts argued that overdoing it could impact innovation.

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WASHINGTON, February 16, 2022 – Despite the unknowns of cryptocurrency, experts cautioned last week against overregulating it for fear of stifling innovation in the burgeoning sector.

During the Broadband Breakfast event on February 9, University of Arkansas Professor of Law Carol Goforth argued that one of the most significant issues facing cryptocurrencies is striking a balance between regulation and consumer safety.

“The growing challenge is finding a balance between the legitimate need to protect the public, investors, and our financial structures and systems against abuse, [with] the desire to protect and encourage legitimate entrepreneurs,” Goforth said.

One of the benefits that often piques the interest of consumers while also worrying regulators is the decentralized nature of cryptocurrency. Cryptocurrency advocates often tout the lack of a single regulatory body with domain over the blockchain and cryptocurrency as an enticing feature, while governments are often left scrambling for ways to still protect consumers in the often anonymous and deregulated sector.

Matthew Snider is the senior vice president of Centri Tech – an organization dedicated to improving broadband connections and utilizing those connections to improve user quality-of-life. “Decentralization is a spectrum,” Snider said. “There are lots of different places where people can land on that [spectrum].”

He explained that this spectrum has extremes on both sides – with one extreme relying on a central bank, all the way to a completely disaggregated blockchain that operates independent of any body.

Goforth said that if regulators, such as the Securities and Exchange Commission, had their way, entrepreneurs and companies may find themselves disincentivized to conduct their business in the United States if they were planning to leverage blockchain and cryptocurrency technologies.

“There is a huge pressure – not just to not do business [in the United States] – but to protect American investors by not letting them decide for themselves whether or not this is a risk they want to take.”

“To my mind, that is a very clear example of regulatory overreach that is likely to harm American investors and is likely to push technology and entrepreneurs away from our country in a way that is not optimal for anyone – other than folks who like large jurisdiction for the SEC.”

Uncertainty still exists

Snider said that while you have some countries that are leaning into the technology, many are still unsure of how to approach it.

“You have got some countries that have made [cryptocurrency] their national currency, and you have got countries like Russia and China that said ‘no, it is banned,’” Snider said. “I think you have people who do not understand something who are taking laws that are anachronistic in nature – very old – and saying ‘hey, these buckets apply because we cannot think of other buckets to put them into at the moment and we do not have the time or the effort, so we are just going to put them into these buckets and hope that they work.’”

Snider also added that for all the effort regulatory bodies and countries have put into trying to regulate cryptocurrency, all it takes to circumvent the laws is a virtual private network, or VPN, that enables users to send and receive data while obfuscating their location from those who might be trying to monitor them.

“There is a very big lack of being able to control [cryptocurrency], and it is freaking them out,” Snider said.

Our Broadband Breakfast Live Online events take place on Wednesday at 12 Noon ET. You can also PARTICIPATE ONLINE in the current Broadband Breakfast Live Online event on Zoom.

Wednesday, February 9, 2022, 12 Noon ET — Harnessing Cryptocurrency

Join us in person for a Broadband Breakfast for Lunch on cryptocurrency. In Broadband Breakfast’s premiere session on the subject of decentralized finance, we’ll explore recent developments in the blockchain, consider the ways that cryptocurrencies are impacting global financial transactions and transfers, and address government officials’ attempts to harness – or to banish – blockchain-based digital coinage.

Panelists for this Broadband Breakfast Live Online session:

  • Jennifer Schulp, Director of Financial Regulation Studies at the Cato Institute’s Center for Monetary and Financial Alternatives
  • Carol Goforth, Clayton N. Little Professor of Law, University of Arkansas in Fayetteville
  • Matthew Snider, Senior Vice President, Centri-Tech
  • Drew Clark (moderator), Editor and Publisher, Broadband Breakfast

Panelist resources:

Jennifer Schulp is the director of financial regulation studies at the Cato Institute’s Center for Monetary and Financial Alternatives, where she focuses on the regulation of securities and capital markets. She has testified before the U.S. House Committee on Financial Services, and her writing has appeared in Business InsiderMarketWatch, and others. Before joining Cato, Schulp was a director in the Department of Enforcement at the Financial Industry Regulatory Authority Inc., representing FINRA in investigations and disciplinary proceedings relating to violations of the federal securities laws and self-​regulatory organization rules.

Carol Goforth is the Clayton N. Little Professor of Law at the University of Arkansas in Fayetteville. She is the author of more than a dozen academic articles dealing with regulation of cryptoassets and transactions in them, as well as Regulation of Cryptotransactions, a comprehensive text for law students and others interested in crypto regulation published in 2020 by West Academic. The second edition of that book is expected April of this year.

Matthew Snider is Senior Vice President of Strategy and Business Development at Centri Tech. His career has been focused on bringing broadband affordability and adoption to underserved communities, both urban and rural. An active participant in the blockchain economy for the past six years, Snider understands the impact that these technologies play in building out use case solutions that bring more adoption to broadband, and to the blockchain.

Drew Clark is the Editor and Publisher of BroadbandBreakfast.com and a nationally-respected telecommunications attorney. Drew brings experts and practitioners together to advance the benefits provided by broadband. Under the American Recovery and Reinvestment Act of 2009, he served as head of a State Broadband Initiative, the Partnership for a Connected Illinois. He is also the President of the Rural Telecommunications Congress.

WATCH HERE, or on YouTubeTwitter and Facebook.

Illustration of blockchain from Exin used with permission

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTubeTwitter and Facebook

See a complete list of upcoming and past Broadband Breakfast Live Online events.

Reporter Ben Kahn is a graduate of University of Baltimore and the National Journalism Center. His work has appeared in Washington Jewish Week and The Center Square, among other publications. He he covered almost every beat at Broadband Breakfast.

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Crypto

Cryptocurrency Has Promise But ‘Screams for Regulation,’ Says Miami Mayor Francis Suarez

The mayor has been an enthusiastic proponent of MiamiCoin, a privately-owned cryptocurrency.

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Screenshot of Francis Suarez, mayor of the City of Miami, at the Wilson Center event

WASHINGTON, January 19, 2023 — Embracing emerging technologies such as cryptocurrency will have long-term benefits for the general public, but the industry needs much stronger regulation, City of Miami Mayor Francis Suarez said at an event hosted Tuesday by the Wilson Center.

Suarez, who is president of the U.S. Conference of Mayors, spoke in advance of the mayors’ 91st annual meeting from Tuesday until this Friday.

Suarez has long been an advocate for cryptocurrency adoption; after winning reelection in 2021, he announced that his own salary would be paid in bitcoin. He has also been an enthusiastic proponent of MiamiCoin, a privately-owned cryptocurrency meant to benefit the city — even after the currency’s value dropped by more than 95 percent.

However, when discussing the recent collapse of crypto exchange FTX, Suarez acknowledged that the technology “screams for regulation.” U.S. legislation tends to be reactive instead of proactive, but the latter approach might have been able to stop the FTX crash, he added.

“I think there should have been regulation on what some of these custodial entities could do with custody assets,” he said. “They’re like banks — the kind of assets that they had were enormous — and what they were doing when you when you peel back the layers of the onion is frightening… there’s a reason why some level of regulation exists already in the banking industry.”

Suarez said that the first step for lawmakers taking on cryptocurrency regulation should be to recognize the significance of the technology. Issues such as the national debt ceiling and rate of inflation demonstrate the value of having currency “outside of the mainstream fiat system,” he said.

In addition to cryptocurrency, Suarez expressed his opinion on a variety of other timely technology issues.

“I think AI is going to be our generation’s arms race,” he said, noting the growing potential for cyberwarfare as weapons systems come to rely on encrypted technology.

Suarez also discussed the impacts that an increasingly digital world may have on childhood development. “My daughter one shocked me when she was two years old — she’s four now — by taking a pretend selfie with her pacifier of me,” he said. “And I was like, wow, this is really crazy.”

Despite having initial concerns about technology’s impact on children, Suarez said that watching his own children’s online interactions had assuaged his fears.

“I’m actually going to take it a step further — I’m starting to see socialization opportunities… they’re actually virtually online with a friend, and they’re playing and talking and socializing,” he said.

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Crypto

CES 2023: Crypto Protects Privacy and Civil Liberties

The ability to coordinate outside of government control could be a massive boon for oppressed or dissident groups.

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Photo of Kurt Opsahl, Mike Wawszczak, Anna Stone, and Sandy Carter (left to right)

LAS VEGAS, January 5, 2023 – Despite the crypto industry’s recent stumbles, a panel of experts at the Consumer Electronics Show remained bullish on its potential – as well as that of its underlying technology, the blockchain – to protect individuals’ data privacy and civil liberties.

Many blockchains, although residing in the digital world, largely fall into the category of “public goods,” which traditionally includes shared infrastructure such as roads, argued Anna Stone, director of impact at eToro. Stone cited the Ethereum network, which is open source and allows many individuals to build on it. “What makes Ethereum exist is not any one company that’s doing anything, it’s actually that there are thousands of different contributors,” she said. 

Mike Wawszczak, general counsel at Alliance, argued that the traditional funders of public goods – governments – make serious mistakes that stem from being insulated from market forces. “[Crypto] offers an alternative method of managing and governing these protocols – that we’re only now starting to see massive amounts of experimentation in – might not be subject to the same failure[s]…that we see in states,” Wawszczak said.

Later in the panel, Wawszczak argued that decentralized autonomous organizations empower individuals and communities to further and protect their own interests, even in opposition to state authority. “If you can imagine a lot of the more disparate groups that exist around particular social-justice causes or identity groups that are far flung or spread out, but now they have a new means of coordinating their behiavior and of generating economic wealth,” Wawszczak explained. He argued that the ability to coordinate outside of government control could be a massive boon for oppressed or dissident groups.

Panelists further said blockchain technologies can ensure that consumers maintain control over their own data. “Giving [users] that choice…to pick a place that is built and verifiable to be secure, to be private, to be a place that fits with their values, that can really enhance things for the users,” said Kurt Opsahl, general counsel at the Electronic Frontier Foundation.

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Crypto

Brookings Panelists Debate the Future of Crypto

Some crypto skeptics say that regulating the digital coin is a mistake since it would provide legitimacy to the industry.

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Screenshot of Peter Conti-Brown, professor at the Wharton School at the University of Pennsylvania

December 20, 2022 – Academics discussed the potential usefulness of crypto-related technologies and how they should be regulated at a web event hosted Tuesday by The Brookings Institution.

The prices of digital assets have fluctuated wildly in the last year, driving calls for the institution of a crypto-specific regulatory framework. The price of Bitcoin, for instance, plummeted from $64,400 in November 2021 to less than $17,000 early Tuesday afternoon. The downfall of prominent Crypto exchange FTX, allegedly due to massive fraud, has provided further rhetorical fodder to would-be regulators.

Some crypto skeptics say that regulating crypto is a mistake, however, since it would provide legitimacy to the industry. “Legitimizing [crypto] is simply going to drain creative resources from productive activities,” argued Stephen Cecchetti, Rosen Family Chair in International Finance at the Brandeis International Business School. “In economic terms, this would be like subsidizing a dead-weight loss.”

Cecchetti argued that a new regulatory regime would push crypto into the traditional financial world. “Imagine where we would be if leveraged financial intermediaries had been holding crypto in November of 2021, before the plunge in value,” Cecchetti. “So if we need any new rules, they’re rules to prohibit exposure of traditional leveraged intermediaries – prohibit banks, dealers, insurers, pension funds ­– from holding this stuff and from accepting it as collateral.”

Peter Conti-Brown, professor at the Wharton School at the University of Pennsylvania and nonresident fellow at The Brookings Institution, argued that crypto, even without a dedicated regulatory framework, has already been established a significant foothold. Policymakers should clarify how crypto assets fit into existing regulatory structures, Conti-Brown argued. Due to similarities of various types of crypto to elements of traditional finance, he said, the absence of crypto regulation is a “declaration of a prosecutorial non-enforcement of existing laws.”

Regulators should make clear that “if you’re going to act and smell and quack like a bank, you need to charter, and if you’re going to hawk securities, you need to register,” Conti-Brown argued later in the conversation.

Crypto: Useful or useless?

While crypto’s biggest proponents argue that it, along with its underlying technology, blockchain, are revolutionary innovations, many don’t agree. At a recent Senate hearing held Wednesday on the FTX collapse, a law professor from the American University Washington College of Law advocated banning crypto outright. One senator advocated instituting a “pause” on crypto at a hearing held two weeks prior.

Cecchetti voice skepticism as well. “I don’t think crypto is the future of anything” he said, adding that it is, in his opinion, “utterly without redeeming social value.”

Conti-Brown said some crypto-related innovations may prove useful. He further argued that the very possibility of blockchain-driven innovations threatens incumbent industry – e.g., traditional financial technology firms – and will likely drive innovation.

“Every major payments player is…following blockchain developments, and thinking about where this might represent both opportunity and challenge,” Conti-Brown said. Crypto solutions may be “inchoate, (but) are not non sequiturs,” he added.

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