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CFTC Chair urges congress to craft crypto regulatory laws

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Commissioners Peirce and Uyeda criticize SEC's approach to crypto after ShapeShift caseCommissioners Peirce and Uyeda criticize SEC's approach to crypto after ShapeShift case

In this post:

  • CFTC Chair Rostin Behnam calls for Congressional action to address regulatory gaps in the cryptocurrency industry.
  • Behnam emphasizes the need for legislation around major cryptocurrencies like bitcoin and ether, aiming to classify them properly under regulatory frameworks.

During a recent session with the House Agriculture Committee, Rostin Behnam, Chair of the Commodity Futures Trading Commission (CFTC), emphasized the necessity for Congressional action to better define regulatory boundaries in the cryptocurrency sector.

Behnam highlighted the importance of addressing regulatory gaps, especially with the volatility observed in the price of bitcoin (BTC). He dismissed the idea that cryptocurrencies are fading from relevance, predicting instead a likely surge in market enthusiasm.

Behnam specifically called for legislation around cryptocurrencies like bitcoin and ether (ETH), which he notes make up a substantial portion of the crypto market’s total capitalization. His remarks were in the context of discussions on the Financial Innovation and Technology Act (FIT Act), a piece of legislation that had previously moved through the House Agriculture and Financial Services Committees but had not been voted on the floor. Behnam stressed the need for clarity in the CFTC’s budget to support regulatory activities around cryptocurrencies.

Classifying Cryptocurrencies: Commodities or Securities?

In further discussions, Behnam addressed inquiries about how cryptocurrencies, particularly bitcoin, are classified as commodities rather than securities. This classification arises from a process of elimination—if an asset does not meet the criteria of a security, it is then considered a commodity. Behnam pointed out that this determination is vital for regulatory jurisdiction, underscoring the necessity for a thorough analysis to establish that an asset is not a security, thereby deeming it a commodity under CFTC oversight.

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“I am confident that if the FIT Act is passed by Congress, the CFTC will be able to establish a regulatory framework within a year,” Behnam stated.

Behnam’s statements signal a clear call for legislative action to address the regulatory uncertainties in the cryptocurrency industry. By defining a clearer regulatory framework, there is potential for enhanced oversight and stability within the crypto market, ensuring that digital assets like bitcoin and ether are appropriately regulated under the CFTC’s purview.

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