Senator Lummis Slams SEC’s Approach to US Crypto Regulation, Calls for Reform

With the U.S. presidential elections fast approaching, Senator Cynthia Lummis of Wyoming has voiced strong criticism of the U.S. Securities and Exchange Commission’s (SEC) approach to cryptocurrency regulation. In an interview on CNBC’s Squawk Box, Lummis took aim at SEC Chair Gary Gensler, accusing him of relying on enforcement actions rather than establishing clear guidelines for the industry.

According to Lummis, this approach is creating unnecessary legal battles for digital asset companies, hindering their growth and innovation.

Lummis argued that the lack of clear regulatory guidance is one of the main challenges facing the U.S. crypto industry. Without well-defined rules, she warned, the U.S. risks falling behind other global markets. She contrasted the situation in the U.S. with that in the European Union, where comprehensive cryptocurrency laws have already been implemented, potentially giving the EU a competitive advantage.

Bitcoin and Ethereum: Commodities or Securities?

A central point in Lummis’s argument is her belief that Bitcoin and Ethereum should be classified as commodities, not securities. She advocates for the Commodity Futures Trading Commission (CFTC) to take the lead in overseeing these cryptocurrencies, rather than the SEC. Lummis argued that the SEC’s current practice of labeling decentralized assets like Bitcoin and Ethereum as securities is a misstep and doesn’t align with the nature of these digital assets.

She called for Congress to pass legislation that clearly defines the responsibilities of regulatory agencies in overseeing digital assets.

Proposal to Empower CFTC Oversight

To close these regulatory gaps, Lummis, along with Senator Kirsten Gillibrand, has proposed changes to the wash sale rules. These changes are aimed at strengthening the CFTC’s ability to regulate digital assets more effectively. Lummis believes that such reforms would strike a balance between encouraging innovation in the crypto space and ensuring consumer protection.

Another issue raised by Lummis is the SEC’s Staff Accounting Bulletin 121 (SAB 121), which requires crypto custodians to record customer assets as liabilities. Lummis criticized this rule, arguing that it places unnecessary burdens on the industry. Along with other lawmakers, she has called for SAB 121 to be repealed in order to ease pressures on the crypto sector.

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Gensler Defends SEC Stance

In response to the criticism, SEC Chair Gary Gensler maintains that the U.S. already has sufficient crypto regulations. He argues that just because some in the industry dislike the rules doesn’t mean they don’t exist. Gensler has affirmed that Bitcoin is not a security, but he has remained silent on the classification of Ethereum.

Overall, Lummis’s critique highlights the need for clearer and more supportive regulations for the crypto industry in the U.S., aiming to foster growth and protect investors.

Do you agree with Senator Lummis’s call for clearer regulations? Join the conversation.