Dan Berkovitz went from being a CFTC commissioner to an SEC lawyer. What’s his view of the U.S.’s regulatory turf struggle over crypto?
Posted Might 23, 2023 at 6:00 am EST. Up to date Might 23, 2023 at 6:11 am EST.
Within the SEC’s push to rein within the crypto sector, one query looms giant: Is ETH a safety? Dan Berkovitz, a former CFTC commissioner and SEC normal counsel, and Colin Lloyd, a companion at regulation agency Sullivan & Cromwell, assess the present state of the regulatory turf struggle within the U.S., shedding gentle on a few of Washington’s unanswered questions.
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- how an asset may be each a commodity and a safety
- what it implies that bitcoin and ether have been listed as non-security futures
- whether or not The Merge could have modified regulators’ views on the classification of ETH
- who can be accountable for figuring out that ETH is a safety
- what Colin and Dan say about ETH being a safety or not
- what would occur if any regulator, be it the CFTC or SEC, decided that ETH is a safety
- how and whether or not DeFi functions must be regulated
- why you will need to think about the “human initiative” behind DeFi platforms
- the implications of getting a know-how that permits for the sale of securities with out an middleman
- the implications of the SEC’s proposal to alter the definition of an alternate
- how new applied sciences have been built-in with the regulatory system prior to now and the way that differs from the present strategy of the SEC
- the issues of making an attempt to control a know-how that’s altering so quick
- how different jurisdictions have been taking a extra proactive strategy to regulating digital belongings
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- Dan Berkovitz, former Basic Counsel on the SEC and former Commissioner on the CFTC.
- Colin Lloyd, companion at Sullivan & Cromwell