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Gary Gensler Says Bitcoin is Not a Security

Gary Gensler Says Bitcoin is Not a Security

In a recent, exhaustive House Financial Services Committee hearing that spanned nearly five hours, SEC Chair Gary Gensler found himself at the receiving end of pointed questions and critiques from both sides of the aisle. This marked Gensler’s second appearance on Capitol Hill in just a month, with lawmakers eager to glean insights on his leadership at the SEC.

Rep. Tom Emmer, R-Minn., pulled no punches, accusing Gensler of attempting to consolidate power, potentially at the expense of the financial future of the US. He further claimed that federal courts have indicated that Gensler might be overstepping his legal authority.

Gensler on Crypto Assets: Compliant Registration is Possible

Despite the charged atmosphere, Gensler chose to tackle the topic of digital assets directly. He reaffirmed a perspective he has consistently upheld: Crypto firms can, in fact, register in full compliance with regulations, but many are resistant to such moves.

In his prepared remarks, Gensler emphasized, “There is nothing about the crypto asset securities markets that suggests investors and issuers are less deserving of our securities laws’ protections.” He further alluded to the broad definition of ‘security’ that Congress formulated back in the 1930s, which encompasses more than just stocks and bonds.

Congress Questions Gensler’s Crypto Stance

Rep. Ritchie Torres, D-N.Y., known for his co-signature on a bipartisan letter addressing the SEC’s hesitation to greenlight a Bitcoin spot ETF, openly questioned the SEC’s current approach to cryptocurrencies.

In a poignant exchange, Torres probed Gensler on the nuanced definition of an ‘investment contract’. Gensler responded with a somewhat evasive quote from former Supreme Court Justice Thurgood Marshall about the vague nature of Congress’ definitions. Torres countered with a straightforward Bronx-rooted query: When purchasing a Pokemon card via a blockchain, does it become a security? Gensler’s response was non-committal.

Crypto Policy Gaining Momentum in the House

Despite the tensions in the hearing, it’s worth noting the evident bipartisan cooperation emerging on crypto policy. A total of five crypto-centric bills have progressed through committee markup and are set for a full floor vote. Two notable ones include the Financial Innovation and Technology (FIT) for the 21st Century Act and the Clarity for Payment Stablecoins Act, both enjoying bipartisan support.

Is Gary Gensler Becoming Pro Bitcoin?

Gary Gensler’s consistent skepticism toward the crypto industry offers a stark reminder of the dynamic tensions between innovation and regulation. As the crypto world hurtles forward, the challenge remains: how can we bridge traditional regulatory frameworks with the unprecedented pace of digital currency evolution? Is Gary Gensler slowly accepting Bitcoin as a cryptocurrency of its own class? The future of finance hangs delicately in this balance.

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