US Senator Bill Hagerty, a Republican from Tennessee, has recently expressed his views on the regulation of cryptocurrencies in the United States. In an interview with CNBC, Hagerty said that he supports a “light-touch” and “incremental” approach to regulating the crypto industry, rather than imposing a “one-size-fits-all” framework that could stifle innovation and competition.
Hagerty argued that cryptocurrencies are a new and evolving technology that offer many benefits to consumers, investors, and businesses. He said that cryptocurrencies can enhance financial inclusion, lower transaction costs, increase transparency, and foster economic growth. He also acknowledged the challenges and risks that crypto poses, such as volatility, cyberattacks, money laundering, and tax evasion.
Hagerty said that he is working with his colleagues in the Senate Banking Committee to find a balanced and bipartisan solution to address these issues. He said that he wants to ensure that the US maintains its leadership role in the global crypto market, while also protecting the interests and safety of the American people. He said that he is open to dialogue and collaboration with the crypto industry and other stakeholders to achieve this goal.
Hagerty’s comments come at a time when the US government is facing increasing pressure to regulate the crypto sector. In August, the Senate passed a $1 trillion infrastructure bill that included a controversial provision that would expand the definition of a “broker” for tax purposes to include any entity that facilitates crypto transactions. The provision was widely criticized by the crypto community as being too broad and vague, and potentially affecting miners, developers, validators, and other intermediaries who do not have access to customer information.
The provision was also opposed by some senators, including Hagerty, who proposed an amendment to narrow the definition of a broker and exclude non-custodial actors. However, the amendment failed to pass due to procedural hurdles. The infrastructure bill is now pending in the House of Representatives, where some lawmakers have expressed their intention to revise or remove the crypto provision.
The crypto industry has also been subject to increased scrutiny by other regulators, such as the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and the Treasury Department. The SEC has been pursuing enforcement actions against some crypto companies and projects for allegedly violating securities laws. The CFTC has been overseeing the derivatives market for crypto assets and imposing fines for fraud and manipulation. The Treasury Department has been implementing anti-money laundering and counter-terrorism financing rules for crypto transactions.
If you want to invest or trade in crypto, you need to know how the US government regulates it. There is no single regulator, but many different ones with different roles and rules. Here are the main ones:
The SEC oversees securities, such as ICOs and some tokens. It tries to protect investors from fraud and enforce registration and disclosure requirements. It also approves or rejects new products and services, such as ETFs and DeFi platforms.
The CFTC regulates derivatives, such as futures, options, and swaps. It covers commodities, such as Bitcoin and Ether. It approves crypto derivatives products that trade on regulated exchanges. It also prevents market abuse and systemic risk.
FinCEN enforces anti-money laundering laws. It applies to crypto businesses that are money services businesses, such as exchanges, wallets, kiosks, and payment processors. It requires them to register, implement AML programs, conduct CDD, report SARs, and keep records.
The IRS collects taxes from crypto transactions. It treats crypto as property, not currency. It requires taxpayers to report their gains and losses from crypto transactions and pay taxes accordingly. It also issues guidance and rules on how to calculate and report taxes on crypto.
These are the main regulators that affect crypto in the US, but there are others as well, such as state authorities and federal agencies. The regulatory landscape for crypto in the US is complex and uncertain, as different agencies have different mandates, jurisdictions, and approaches. This has created confusion and challenges for both regulators and market participants. Hagerty’s call for an incremental approach to regulate crypto reflects the need for clarity and coordination among policymakers, as well as flexibility and innovation from the industry.