Thus, Congress believes it has the solution to crypto regulation. This “solution” sounds less like a promising hand to lift up innovation and more like a slow-motion strangulation. On the surface, the rhetoric sounds nice by promoting clarity and consumer protection. Scratch the surface and you’ll find a disastrous recipe of misplaced good intentions plus government overreach.

More CFTC Role Equals More Control?

House Committee on Financial Services Chairman French Hill and House Committee on Agriculture Chairman Glenn Thompson have every reason to be proud of their dream. Similarly, they are thrilled to see the Commodity Futures Trading Commission (CFTC) get a much bigger cut of the resources. Is that really what we want? Despite its deep experience with traditional commodities, the CFTC isn’t exactly an agency regarded for its cutting-edge entrepreneurial zeal and psychic proclivities. Providing them with the keys to the crypto kingdom is dangerous. That’s as foolish as putting your grandma behind the wheel of a Formula 155 car. It might end well, but the chances of an epic train wreck are much greater.

This isn't about whether regulation is necessary – it's about who is doing the regulating and how. Further regulation imposed by the CFTC would only result in greater bureaucratic red tape. This leads to unnecessary compliance costs and increased barriers for startups looking to innovate in the financial sector. It’s a provider regulatory burden that would stifle the very innovation it purports to protect. Think of it like this: imagine trying to build a revolutionary new app, but every line of code has to be approved by a panel of government bureaucrats who barely know how to use email. Sounds fun, right?

FIT21 Act: A Trojan Horse For Control?

In particular, they’re pushing the Financial Innovation and Technology for the 21st Century Act (FIT21), as a big leap in the right direction. Is it really? It provides certainty on which agency regulates what. What occurs when that clarification just funnels extra energy and authority within the hands of regulators who’re totally ignorant of the technological underpinnings at play? What if the clarity they wrote is really a cover for an awful federal power grab?

The Biden administration is often criticized for not providing clarity on regulations. I'll tell you what's unclear: the unintended consequences of this whole mess!

Consumer Protection At Innovation's Expense?

Naturally, they’re doing it in the name of “consumer protection.” Who isn't in favor of protecting consumers? At what cost? Are we really ready to forfeit the promise of decentralized finance (DeFi) and other transformative technologies? Don’t let your fear of risk stop you.

Look, I get it. People have lost money in crypto. So true, but people lose money in the stock market. Do we ban stocks? No, we provide disclosures and educate investors. But we definitely want to support the development of crypto. Rather than drown it with red tape that only favors incumbents, let’s foster new innovation so all can prosper.

Think about it: every new regulation adds a layer of complexity that favors big institutions. Small, agile startups though, the very engines of innovation, get squeezed out. The consequence? A crypto ecosystem run by the same old Wall Street behemoths, only under a shiny crypto gloss.

DeFi's Decentralized Nature Under Attack?

The principles address DeFi, but let's be honest: can you really regulate something that's inherently decentralized? Attempting to regulate DeFi is a game of whack-a-mole – messy, ineffective, and a complete waste of time. Rules made for traditional, centralized institutions just don’t work when applied to the new decentralized landscape.

The end result? DeFi projects will either move to jurisdictions that are more likely to embrace this innovative technology, or be driven out of business entirely. And who loses out? Everyday users who want to opt out of the traditional financial system. The same people these regulations are meant to protect.

US Lagging Behind in Crypto Race?

Meanwhile, Trump calls for the US to become the “crypto capital of the planet.” Great slogan. But these catchy slogans don’t create innovation ecosystems – policies do. But if our policies kill the next big breakthrough, we’ll get left behind by the crypto revolution. And if we bungle this, other countries will eat our lunch while we sit on the sidelines.

We’re in the process of witnessing companies locate abroad to avoid the regulatory whipsawing occurring in the US. Do we honestly want to speed up that process? Or do we want to give up our leadership in this game-changing technology to other nations that have smarter, more progressive policies?

This isn’t only a budgetary issue, it’s a matter of mobility and independence. These are innovations that return fundamental freedoms to the people—the freedom to innovate, the freedom to transact, and the freedom to control your own financial destiny. And today, Washington has its sights set on taking that freedom away. We’re long overdue to send that message and tell them to get out of the way and allow innovation to flourish.