Wyoming Senator Cynthia Lummis has voiced her concerns regarding the US Securities and Exchange Commission’s (SEC) handling of cryptocurrency regulations. Lummis criticized SEC Chair Gary Gensler for what she perceives as a counterproductive and problematic approach towards the cryptocurrency market during an appearance on CNBC’s Squawk Box.
Lummis emphasized the challenges faced by the US crypto industry, exacerbated by the SEC’s current strategies, which she believes rely too heavily on enforcement actions rather than clear guidelines. This ambiguity has created uncertainty for digital asset companies, leading to legal disputes instead of providing clear regulatory frameworks for compliance.
The Senator highlighted that the SEC’s actions have impeded the growth of the cryptocurrency sector, emphasizing the urgent need for regulatory clarity. She pointed out that the existing legal framework is inadequate to keep pace with advancements, especially in comparison to the EU, which established comprehensive crypto laws in 2023. Lummis warned that without addressing these regulatory gaps promptly, the United States risks losing its standing in the global financial services market.
In her advocacy, Lummis proposed that digital assets like Bitcoin and Ethereum should come under the oversight of the Commodity Futures Trading Commission (CFTC) rather than the SEC. She argued that the SEC’s current stance of viewing digital assets as securities is not applicable to decentralized cryptocurrencies such as Bitcoin and Ethereum.
Lummis called for congressional intervention to establish clear legislation outlining the roles of different agencies in regulating digital assets. She underscored the necessity of updating frameworks to keep pace with market developments, pointing out the potential need to revise the Howey Test, a legal benchmark used to determine asset classification.
Contrary to Lummis’s perspective, SEC Chair Gary Gensler maintained that the US already has adequate crypto regulations in place. Gensler defended the SEC’s focus on investor protection and stated that Bitcoin is not classified as a security, a stance consistent with his predecessor, Jay Clayton. Despite Gensler’s stance on Bitcoin, there remains ambiguity on Ethereum’s classification, although hints suggest it may be treated as a commodity based on past regulatory decisions.
Lummis continues to advocate for legislative changes to address regulatory gaps, including proposals to enhance CFTC funding and revise rules impacting the crypto industry. She, along with other lawmakers, has raised concerns about SEC’s Staff Accounting Bulletin 121, urging its withdrawal due to its restrictive impact on crypto custodians.
In conclusion, Senator Cynthia Lummis’s critique of the SEC’s current crypto regulation approach underscores the pressing need for regulatory reforms to foster a conducive environment for the growth and innovation of the digital asset space.