Revolutionary Legislation Poised to Redefine Crypto Assets as Digital Commodities in the United States

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CryptoMode Legislation Digital Assets Brian Armstrong

In an unprecedented move that may redefine the future of the crypto world, lawmakers from the United States House Financial Services Committee and House Agriculture Committee have taken the first step towards acknowledging certain crypto assets as digital commodities. This bold initiative aims for the prior ambiguous approach of the U.S. Securities and Exchange Commission (SEC) towards cryptocurrencies.

Unveiling the New Legislation Framework

A discussion draft, unveiled on June 2nd, reveals the lawmakers’ proposal of implementing a “functional framework”. This ingenious construct aims to dispel the cloud of regulatory uncertainty over crypto firms within the United States. 

It seeks to prohibit the SEC from blocking digital asset trading platforms from acquiring the status of a regulated alternative trading system. This move could pave the way for firms to offer an array of “digital commodities and payment stablecoins.”

The Crux of the Proposed Legislation

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The centerpiece of the proposed legislation is its attempt to overhaul the approach that the SEC has been critiqued for in the crypto community – namely, its lack of clear operational rules. This transformative bill will permit certain digital assets to be classified as digital commodities, contingent upon their functional status and degree of decentralization.

Furthermore, the bill mandates the SEC to furnish a comprehensive analysis if they wish to contest the classification of a firm as decentralized.

The legislation continues further. It also compels the SEC to amend its rules to permit broker-dealers to take custody of digital assets, given that they fulfill particular prerequisites. Moreover, the SEC is also required to formulate rules that bring the regulations concerning digital assets in line with the modern era.

Industry Reaction to the New Proposal

The draft bill was met with significant praise from notable figures in the industry. Paul Grewal, the chief legal officer of Coinbase, lauded the bill, claiming it sets a solid groundwork for regulatory jurisdiction and definitions. 

However, he also emphasized the necessity for an exhaustive review before a formal introduction. The U.S.-based crypto exchange has recently initiated a pro-adoption ad campaign, timed conveniently ahead of a lobbying-focused event in Washington, D.C., slated for July.

The Legislation’s Potential Path Forward

Despite the groundbreaking potential of the legislation, its progress in a divided Congress remains uncertain due to a lack of input from Democratic lawmakers.

While both sides of the political aisle have occasionally shown a willingness for a bipartisan approach toward crypto regulation, the extent to which this proposed legislation will advance remains to be seen.

Current Legislative Scenario

As of this publication, U.S. House and Senate lawmakers have passed legislation to avoid a governmental default by increasing the debt ceiling. The bill is expected to be signed into law by President Joe Biden on June 2nd.

As we continue to follow the development of this pioneering piece of legislation, the crypto industry in the U.S. and worldwide eagerly awaits the potential transformation that may come from acknowledging crypto assets as digital commodities.


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