Are Cryptocurrencies Securities? Should It Matter?
Cato Podcast
Cato Institute
4.5 • 979 Ratings
🗓️ 22 August 2022
⏱️ 15 minutes
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Transcript
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| 0:00.0 | This is the Cato Daily Podcast for Monday, August 22, I'm Caleb Brown. |
| 0:08.0 | Regulators, gotta regulate, but in the case of the myriad |
| 0:12.0 | cryptocurrencies that are out there, are those currencies really securities? |
| 0:16.1 | Cato's Jack Solowie and Jennifer Shulp have developed a proposed framework |
| 0:20.5 | as Congress looks at how to or if to regulate crypto. |
| 0:25.8 | It's now available at Cato.org. |
| 0:28.1 | When we have regulators at the federal level |
| 0:31.4 | that are arguing, no, no, no no no no we have ownership of the |
| 0:36.7 | regulations governing crypto we have at least several agencies that have |
| 0:40.4 | attempted to issue regulations and they don't necessarily jibe with one another. |
| 0:47.5 | And there is a core question here, which is what is the stuff that you're trying to regulate and a lot of agencies are saying it seems |
| 0:55.8 | that cryptocurrencies are different things and they don't appear to fit neatly within any one of these categories that federal regulators |
| 1:06.6 | would like to use to hang their hat on when it comes time to regulate. |
| 1:11.3 | So Jennifer, let me start with you, is our |
| 1:15.9 | cryptocurrency's securities for the purpose of federal regulation? So the SEC says yes. Most crypto, if not all crypto with the exception of |
| 1:28.3 | Bitcoin is a security. Gary Gensler has said this time and time again. But Gary Gensler has said this time and time again, but Gary Gensler is not right and he shouldn't be right. |
| 1:40.0 | Jack and I have proposed a framework that takes a much closer question using the current law and |
| 1:48.4 | regulations to determine when crypto is in fact a security. |
| 1:53.6 | And that test for us hinges on whether a crypto project |
| 1:58.0 | is decentralized. |
| 2:01.1 | Let Jack talk a little bit more about what that means. |
| 2:05.0 | All right, Jack, so, you know, regulators would like to regulate. |
... |
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