Wyoming Senator, Cynthia Lummis, who is known for her support of digital assets, has voiced her disapproval of the US Securities and Exchange Commission’s (SEC) approach to cryptocurrency regulations. In an interview on CNBC’s Squawk Box, Lummis criticized SEC Chair Gary Gensler for his handling of the cryptocurrency market, deeming it counterproductive and troublesome.
During the interview, the Senator emphasized that the US crypto industry is facing several challenges, which are exacerbated by the SEC’s current strategies. Lummis specifically called out Gensler for relying on enforcement actions rather than providing clear guidelines for regulation, leading to widespread uncertainty and legal conflicts for digital asset companies.
According to Senator Cynthia Lummis, the SEC’s actions have impeded the growth of the cryptocurrency sector despite the pressing need for regulatory clarity. She highlighted the inadequacy of the existing legal framework in keeping pace with advancements, especially when compared to the EU’s comprehensive crypto laws enacted in 2023. Lummis cautioned that without prompt improvements in regulation, the United States risks compromising its position in the global financial services market.
Additionally, Lummis advocated for categorizing digital assets like Bitcoin and Ethereum as commodities under the jurisdiction of the Commodity Futures Trading Commission (CFTC), rather than subjecting them to SEC oversight. She argued that the SEC’s inclination to classify digital assets as securities does not align with the decentralized nature of cryptocurrencies such as Bitcoin and Ethereum.
Senator Cynthia Lummis urged Congress to enact clear legislation delineating the roles of different agencies in regulating digital assets. She underscored the importance of establishing a modern regulatory framework to address market needs efficiently. Lummis also pointed out the necessity of updating the Howey Test, a legal standard for determining securities, to reflect the evolving landscape of the crypto market.
In contrast to Lummis’ perspective, SEC Chair Gary Gensler has asserted that the US has existing crypto regulations in place and emphasized the agency’s focus on investor protection. Gensler maintained that Bitcoin is not deemed a security, aligning with precedents set by his predecessor, Jay Clayton. While he has not explicitly categorized Ethereum, regulatory decisions concerning Ethereum ETFs imply its treatment as a commodity.
Senator Cynthia Lummis emphasized the importance of legislative intervention to address regulatory gaps in the crypto space. She outlined a proposal in collaboration with Senator Kirsten Gillibrand to amend the wash sale rule, aiming to bolster the CFTC’s oversight capabilities in the digital asset sector. Lummis believed that these initiatives could enhance regulatory standards without stifling the industry’s growth potential.
Moreover, Lummis and other lawmakers raised concerns over the SEC’s Staff Accounting Bulletin 121 (SAB 121), which mandates crypto custodians to include customer assets as liabilities. Lawmakers urged Gensler to retract SAB 121, citing its burdensome regulatory implications on the crypto industry.
Overall, Senator Cynthia Lummis’ critique of the US SEC’s crypto regulation underscores the need for proactive legislative measures to foster a conducive regulatory environment for digital assets.