Right now devs can’t write code in the US without fear of requiring a license they couldn’t possibly get, and you can’t launch a token without fear of prosecution for not completing a registration no one could complete.
If the industry argues for no regs this is what we get.
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"If the industry argues for no regs this is what we get."
This is a strawman, arguing against bad reg doesn't mean arguing for no reg
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for DeFi there should be a detailed notice & disclosure regime--no permissioning/gating by regulators, no you can launch only if you follow "principles", etc.
just disclose all material facts, file publicly, keep up to date, be liable for fraud if wrong
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high level I think that sounds reasonable but also I think actually legislating that would be a mess and extremely controversial -- mostly I think it's not time yet to solidify DeFi regimes
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agreed, but you see how aggro CFTC on Ooki protocol?
we can't just hand over more blanket discretionary power to them--need a carve out at least that DeFi devs/deployers aren't ipso facto 'facilities'
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there do, I think, exist carveouts for devs and validators in the bill draft you posted?
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Those carve outs, if they were to even be adopted, are drafted very narrowly so, in practice, they would have little positive impact.
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how exactly would it make things *worse* that the status quo?
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It gives CFTC power to regulate spot digital commodity markets— a power it never had.
DeFi projects would be classified as “digital commodity platforms” and DEXs would be “trading facilities”.
We should focus our efforts on a non permissioned notice and disclosure regime.
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note that this is not fully true -- see eg cftc.gov/PressRoom/Pres -- CFTC's power expands a bit beyond derivatives already
they have fraud authority over spot but not regulatory authority; huge diff of course (I know you know this, just clarifying for the audience)
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