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BlackRock argues SEC has no grounds to treat crypto futures and spot ETFs differently

BlackRock questioned the SEC's preference for the 1940 Act that oversees futures ETFs, and argued that it lacks relevancy to both crypto-spot and crypto-futures ETFs.

BlackRock has argued that the U.S. Securities and Exchange Commission doesn't have any legitimate reason to treat spot-crypto and crypto-futures exchange-traded fund applications differently.

BlackRock’s plan for a spot-Ether (ETH) ETF called the “iShares Ethereum Trust” was officially confirmed on Nov. 9, after Nasdaq submitted the 19b-4 application form to the SEC on the firm’s behalf.

In its application, BlackRock called the SEC’s treatment of spot crypto ETFs into question, as it asserted that the agency bases its reasons for continually denying these applications on incorrect regulatory distinctions between futures and spot ETFs.

“Given that the Commission has approved ETFs that offer exposure to ETH futures, which themselves are priced based on the underlying spot ETH market, the Sponsor believes that the Commission must also approve ETPs that offer exposure to spot ETH.”

The SEC has yet to greenlight a single spot-crypto ETF application, but has approved a host of crypto futures ETFs,

The securities regulator has indicated that this is due to crypto futures ETFs having supposedly superior regulation/consumer protections under the 1940 Act as opposed to the 1933 Act that covers spot-crypto ETFs.

Additionally, the SEC also appears to favor the regulation and surveillance-sharing agreements over the Chicago Mercantile Exchange’s (CME’s) digital asset futures market.

BlackRock argues, however, that the SEC’s preference for the 1940 Act lacks relevance in this area, as it places “certain restrictions on ETFs and ETF sponsors” and not the underlying assets of the ETFs.

“Notably, none of these restrictions address an ETF’s underlying assets, whether ETH futures or spot ETH, or the markets from which such assets’ pricing is derived, whether the CME ETH futures market or spot ETH markets.”

“As a result, the Sponsor believes that the distinction between registration of ETH futures ETFs under the 1940 Act and the registration of spot ETH ETPs under the 1933 Act is one without a difference in the context of ETH-based ETP proposals.”

Related: BlackRock iShares Ethereum Trust registered in Delaware

BlackRock outlined that as the SEC has approved crypto futures ETFs via the CME, it has “clearly determined that CME surveillance can detect spot-market fraud that would affect spot ETPs.”

As such in the firm’s eyes it essentially leaves the SEC with no justifiable reason to reject the application under its current line of thinking.

It is generally thought among crypto and ETF analysts that the first SEC approval of a spot crypto ETF — in the form of a Bitcoin related one — is only around the corner.

Bloomberg ETF analysts James Seyffart and Eric Balchunas predict a 90% chance of an approval sometime before Jan. 10 next year.

Magazine: Crypto regulation — Does SEC Chair Gary Gensler have the final say?

Bitcoin would need to hit $93K to flip Silver right now

BlackRock ETF will be ‘big rubber yes stamp’ for Bitcoin: Interview with Charles Edwards

Bitcoin's future is overwhelmingly bright, and short-term price pressures should not distract investors from a future global asset class, says the Capriole Investments founder.

Bitcoin (BTC) stands to win big thanks to the BlackRock exchange-traded fund (ETF), investor and analyst Charles Edwards believes.

In his latest interview with Cointelegraph, Edwards, who is founder of quantitative Bitcoin and digital asset fund Capriole Investments, goes deep into the current state of BTC price action.

With his previous bullish statements continuing to stand the test of time, and after an eventful few months, Edwards does not see the need to alter the long-term perspective.

Bitcoin, he argues, may be less of a sure bet on shorter timeframes, but the overarching narrative of crypto becoming a recognized global asset class undoubtedly remains.

Cointelegraph (CT): When we last spoke in February, Bitcoin price was around $25,000. BTC is not only 20% higher today, but Bitcoin’s NVT ratio is also at its highest levels in a decade. Does this suggest more upside?

Charles Edwards (CE): NVT is currently trading at a normal level. At 202, it is trading in the middle of the dynamic range band, well below the 2021 highs. Given its normalized reading today, it doesn't tell us much; just that Bitcoin is fairly valued according to this metric alone.

Bitcoin Dynamic Range NVT Signal, using Blockchain.com data. Source: Capriole Investments/TradingView

CT: At the time, you described Bitcoin as being in a “new regime” but forecast up to 12 months’ upward grind to come. How has your thinking evolved since?

CE: That thinking mostly remains today. Bitcoin has steadily grinded up about 30% since February. The difference today is that the relative value opportunity is slightly less as a result, and we are now trading into major price resistance at $32,000, which represents the bottom of the 2021 bull market range and confluence with major weekly and monthly order blocks.

My outlook today over the short term is mixed, with a bias towards cash until one of three things occurs:

  1. Price clears $32,000 on daily/weekly timeframes, or
  2. Price mean-reverts to the mid-$20,000s, or
  3. On-chain fundamentals return to a regime of growth.

CT: At $30,000, miners have begun to send BTC to exchanges en masse at levels rarely seen. Poolin, in particular, has moved a record amount in recent weeks. To what extent will miners’ purported selling impact price moving forward?

CE: It’s true that relative Bitcoin miner sell pressure has stepped up. We can see that in the two below on-chain metrics; Miner Sell Pressure and Hash Ribbons. Bitcoin’s hash rate is up 50% since January — that’s over 100% annualized growth rate.

This rapid rate of growth is not sustainable long term. Hence we can expect any slowdown will trigger the typical Hash Ribbon capitulation. This rapid growth in hash rate also can only mean one thing; an extraordinary amount of new mining rigs have joined the network.

It’s 50% harder to mine Bitcoin, there's 50% more competition and as a result 33% less relative BTC revenue for miners.

Through 2022 there were delays and backlogs in global mining hardware shipping for many months; we likely have seen that backlog flush out in the first half of the year with the large hash rate uptick. New mining hardware is costly, so it makes sense that miners would want to sell a bit more at relatively higher prices today to help cover operational costs and take advantage of the 100% price rally we have seen in the last 7 months.

Miners are large Bitcoin stakeholders so if they are selling at a rapid rate it can impact prices. Though given their relative share of the network is diminishing, that risk factor is not what it once was.

Two on-chain metrics showing miner stress/selling. Source: Capriole Investments/TradingView

CT: When it comes to U.S. macro policy, how do you see the Fed approaching inflation for the second half of the year? Are further hikes coming past July?

CE: The market is pricing in a 91% chance of rate hikes through the rest of this year. There’s a 99.8% chance that the Fed will raise rates at next week's meeting, according to the CME Group FedWatch Tool. So it's probable we see one or two more rate hikes in 2023. That seems quite excessive given inflation (CPI) has consistently been trending down since April 2022, and is now well below the Fed funds rate of 5%.

Of course things could change quite a bit over the next months, but if we take two more rate hikes as the base case, my expectation that any net change in the Fed’s plan would be toward a pause. We’ve already seen the considerable stress building in the banking system, with multiple bank collapses just a couple of months ago. 2023 was the biggest banking failure of all time in dollar value; more than 2008, so things could change considerably over the next six months.

Regardless, the Fed has implemented the vast majority of its rate hike plan. 90% of the tightening is complete. It's now a game of wait and see — will inflation continue to decline as anticipated? And will that occur before or after the economy takes a turn?

Fed target rate probabilities chart. Source: CME Group

CT: Bitcoin’s correlation with risk assets and inverse correlation with U.S. dollar strength has been declining of late. What’s the reason for this? Is this part of a longer-term trend?

CE: Bitcoin has historically spent most of its life “uncorrelated” with risk markets, oscillating from periods of positive to negative correlation. Correlation comes in waves. The last cycle happened to see a very strong correlation with risk assets. This began with the Corona crash on March 12, 2020. When fear peaks, all markets go risk-off (into cash) in unison, and we saw a huge spike in correlations across asset classes as a result.

Following that crash, a wall of money entered risk markets from the biggest QE of all time. In that regard, the following year was “all one trade” — up and to the right for risk. Then in 2022 we saw the unwinding of all risk assets as bonds repriced following the most aggressive Fed rate hike regime in history.

So it’s been unusual times. But there is no intrinsic need for Bitcoin to have a high correlation to risk assets. It is likely with time that as Bitcoin becomes a multi-trillion-dollar asset, it will be more interconnected with major asset classes and so expect to see a more consistent positive correlation with gold over the next decade, which has a highly negative correlation with the dollar.

Bitcoin’s correlation to the S&P 500 and Gold. Source: Capriole Investments/TradingView

CT: How do you think U.S. regulatory pressure will impact Bitcoin and crypto markets going forward? Do you think Binance and Coinbase were the tip of the iceberg?

CE: Impossible to say for sure, but I believe the regulatory fears of early 2023 have been well overblown. Bitcoin was long ago classified as a commodity, and from a regulatory perspective is in the clear. There’s definitely question marks on various altcoins, but the legal outcome of XRP being deemed not a security was definitely an interesting turn of events this month.

Finally, it's pretty clear that industry and government — where it matters — is in support of this asset class and knows it's here to stay.

BlackRock ETFs have a 99.8% success rate and its announcement to launch a Bitcoin ETF was essentially a regulatory and financial industry green light.

We’ve seen half a dozen other leading-tier financial institutions follow suit and, of course, now presidential candidate Kennedy is talking about backing the dollar with Bitcoin. This asset class is here to stay. There will be bumps and hiccups along the way, but the direction is clear to me.

CT: How do you foresee progress of the BlackRock spot ETF and its effect on Bitcoin should it launch?

CE: The BlackRock ETF approval will be huge for the industry.

Related: Bitcoin traders say ‘get ready’ as BTC price preps 2023 bull market

BlackRock is the biggest asset manager in the world, and its (and regulatory) seal of approval will allow a new wave of capital to flow into the market. Many institutions sat on the sidelines last year due to concerns and uncertainty regarding crypto regulation. ETF approval will be a big rubber “yes” stamp for Bitcoin.

ETFs also arguably make it easier for institutions to put Bitcoin on their balance sheet, as they don't need to worry about custody or even entering the crypto space. So it opens a lot of doors. The best comparable we have for this event is the gold ETF launch in 2004. Interestingly it launched when gold was down 50% (much like Bitcoin is today). What followed was a massive +350% return, seven-year bull run.

Essentially the Bitcoin ETF is just another goalpost on the pathway to broad regulatory acceptance and establishment of Bitcoin as a serious asset class. And it has big implications.

CFDs on Gold annotated chart. Source: Charles Edwards/TradingView

Magazine: Should you ‘orange pill’ children? The case for Bitcoin kids books

This article does not contain investment advice or recommendations. Every investment and trading move involves risk, and readers should conduct their own research when making a decision.

Bitcoin would need to hit $93K to flip Silver right now

BlackRock lauds AI as ‘mega force’ to drive returns

AI could prove to be a boon for investors looking for gains in today's “unusual” market.

Global investment titan BlackRock, which manages some $10 trillion in assets, has declared artificial intelligence a “mega force” that could create significant returns for investors in today’s “unusual” market.

In its mid-year outlook report, the BlackRock Investment Institute detailed their thesis for increased investment in AI — pointing to multiple “disruptive” themes that could see the sector grow rapidly over the coming years.

S&P market cap vs relative performance from 1990. Source: BlackRock.

The report drew special attention to the fact that gains in the S&P 500 — the index that tracks the 500 largest companies in the United States — have become increasingly concentrated in a handful of tech stocks. The firm says investment in AI is a good way to capitalize on this concentration.

"We think this unusual equity market shows a mega force like AI can be a big driver of returns even when the macro environment is not your friend."

To BlackRock’s investment team, the most obvious “benefit” of AI lies in automation. While they admitted white-collar jobs are at an “increased risk” of being automated away, it said the resulting cost savings could significantly boost profit margins, especially for companies with high staff costs and an abundance of easily-automated tasks.

The team added that the nascent tech could prove to be a boon for companies that are currently sitting on a “gold mine” of proprietary data — with AI-powered tools allowing firms to leverage dormant information into “innovative” new models.

The report also listed the global push towards low-carbon economies, aging populations, and a rapidly-evolving financial system as key drivers of growth in the coming decade.

BlackRock isn’t alone in giving more airtime to AI. In a June 28 tweet, Matt Huang, the CEO of crypto investment firm Paradigm, said the rapid and varying developments in field of AI are simply “too interesting to ignore."

Still, not all commentators are convinced by a bullish AI investment thesis.

Related: Google says its next AI ‘Gemini’ will be more powerful than ChatGPT

Macro-finance commentator @Financelot told his 90,000 followers on Twitter that the AI boom — which has seen shares in GPU-manufacturer Nvidia skyrocket by more than 180% in six months — is actually being fueled largely by demand for specific AI-focused computing chips.

In his view, once the U.S. implements export restrictions on these chips, the share prices of AI-related companies will falter.

While there’s bullishness for AI, recent weeks has seen the investment giant has turn its gaze to Bitcoin. On June 15 the firm submitted an application to the Securities and Exchange Commission (SEC) for a spot Bitcoin Exchange Traded Fund (ETF).

If the application is successful, it will be the first spot Bitcoin trust product to be approved by the regulator. Senior investment analysts from bloomberg have pinned Blackrock’s chance of an approval at 50%.

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Bitcoin would need to hit $93K to flip Silver right now

Bitcoin price surge will come from retail, not institutions: Fireblocks CEO

Michael Shaulov believes that while recent Bitcoin ETF filings could see new institutional money flow to Bitcoin, that in itself didn't drive previous price surges.

While an approved BlackRock spot Bitcoin (BTC) exchange-traded fund (ETF) will funnel new institutional money to Bitcoin, it's going to be the retail investors that ultimately drive any significant price surges, according to Michael Shaulov, the CEO and co-founder of institutional custody platform Fireblocks.

On June 15, investment colossus BlackRock filed for a spot Bitcoin ETF, leading to other financial firms filing their own, along with Bitcoin's price reaching its highest levels in a year.

However, while many are hopeful that institutional involvement in crypto will further rocket prices, Shaulov notes that may not necessarily happen.

"When institutions come in to participate in the market and they're doing it in a quiet way, they're able to do it almost without moving the price," Shaulov told Cointelegraph during the Australian Blockchain Week.

Michael Shaulov speaking to Cointelegraph Editor Felix Ng at Australian Blockchain Week. 

According to Shaulov, mid-2020 was another time that saw "massive inflows" of institutional money, but prices didn’t really appreciate until retail investors frenzied over crypto assets later in the year.

“Even though there were massive inflows, those institutions were sophisticated enough to acquire [BTC] slowly and use algorithms that won’t drive up the market."

Instead, “50% increases [came] from retail […] because they’re participating in a way that’s less sophisticated and moves the price dramatically," he explained.

That being said, Shaulov noted that the “physics of Bitcoin” — mainly its finite supply — means that any mass buy-up of Bitcoin should end up moving the needle.

“It’ll definitely be easier for some institutions that are currently not participating in the market to add Bitcoin to their allocation.”

Why Bitcoin?

Interestingly, Shaulov — who founded Fireblocks in 2018, believes that the narrative over Bitcoin is still "playing out" for these institutions.

Shaulov said that today, there are numerous Bitcoin-based narratives still at play: Is it a hedge against inflation? Is it a public reserve currency? Is that a hedge against government financial misdealings?

Shaulov said that personally, he believes Bitcoin is the “ultimate insurance asset.”

Related: Fireblocks VP: Big names won’t go back after discovering crypto payments’ potential

“It has all it has the properties [of something] for when everything gets worse. It is an asset that is disconnected from the government. It's an asset that can be digitally native, it's an asset that can be moved easily.”

“It doesn't matter if at one point it’s worth $15,000, $20,000 or $60,000. You just need to have enough of it in that variance, in order to survive a period,” he said.

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Bitcoin would need to hit $93K to flip Silver right now