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Gensler on Crypto Enforcement: Targeting Widespread Noncompliance

By Christopher Smith
Sep 30, 2023
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The U.S. House Financial Services Committee is scheduled to hear testimony from Gary Gensler, Chairman of the U.S. Securities and Exchange Commission (SEC), on the SEC's efforts to adapt its regulatory framework to accommodate technological advancements such as cryptocurrencies and artificial intelligence. Gensler will elaborate on how the SEC is adjusting its rules to align with the evolving technological landscape of the 2020s.

Of particular interest is the SEC's approach to cryptocurrencies, which has faced criticism for potentially hindering innovation and adoption in the United States. Gensler will address these concerns by emphasizing the importance of safeguarding investors and issuers in crypto-asset securities markets through the application of securities laws.

Gensler will underscore the SEC's view that most cryptocurrencies fall under the purview of securities laws, suggesting that intermediaries like exchanges, brokers, and dealers must also adhere to these regulations. He will point out that there has been widespread non-compliance with securities laws within the industry, resulting in enforcement actions. The SEC intends to tackle security-related issues in the cryptocurrency space through the process of rulemaking.

Furthermore, Gensler will discuss the impact of predictive data analytics and artificial intelligence on the financial sector. He acknowledges their potential to enhance efficiency and promote financial inclusion but also highlights the importance of managing conflicts of interest that may arise in this era of transformation, ensuring that investors' interests are protected.

Gensler's presentation may also touch on the SEC's ongoing legal disputes with cryptocurrency exchanges Coinbase and Binance.US, both of which face allegations of violating securities laws. The hearing will shed light on the SEC's evolving approach to these technologies and its commitment to striking a balance between innovation and investor protection.

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