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Bankman-Fried ‘100%’ supports knowledge tests for retail derivatives traders

The FTX founder said a knowledge test for derivative retail customers “could make sense” but it doesn’t need to be specific to crypto.

The founder and CEO of cryptocurrency exchange FTX, Sam Bankman-Fried has backed the idea of knowledge tests and disclosures to protect retail investors but said it shouldn’t just be crypto-specific.

Bankman-Fried tweeted his thoughts in response to an idea floated by the Commodities Future Trading Commission (CFTC) commissioner Christy Goldsmith Romero on Oct. 15, saying the establishment of a “household retail investor” category for derivatives trading could give greater consumer protections.

Romero said due to crypto, more retail investors are entering the derivatives markets and called for the CFTC to separate these investors from professional and high-net-worth individuals and have “disclosures written in a way that regular people understand or could be used when weighing rules on the use of leverage.”

Derivatives trading is when traders speculate on the future price of an asset, such as stock, commodities, fiat currency, or cryptocurrency through the buying and selling of derivative contracts, which can involve leverage. 

The FTX founder said he “100%” agrees with mandating disclosures and knowledge tests for all Future Commissions Merchants (FCMs) and Designated Contract Markets (DCMs) who face retail traders, adding it “could make sense.”

He added however that it doesn’t “necessarily make sense” for the disclosures and tests to be specific to cryptocurrencies, suggesting these should apply to all derivative products.

DCMs are CFTC-regulated derivate exchanges on which products such as options or futures are offered which can only be accessed through an FCM, which accepts or solicits buy and sell orders on futures or futures options contracts from customers.

Bankman-Fried’s comments come as FTX.US, FTX’s United States-based entity, looks to launch cryptocurrency derivatives trading and the exchange has already created a knowledge test that could be used for its platform according to Bankman-Fried.

Related: CFTC action shows why crypto developers should get ready to leave the US

The CFTC is ramping up its efforts to become the regulator of choice for the U.S. crypto market as calls for regulatory clarity become more persistent.

On Sept. 27 CFTC Commissioner Caroline Pham said the regulator should create a crypto retail investor-focused office to expand its consumer protections, the proposed office would be modeled off a similar office at the Security and Exchange Commission (SEC).

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The CFTC’s Ooki Dao action is a bad omen for American crypto developers

Decentralized autonomous organizations (DAOs) were supposed to be regulation-proof. Federal regulators now have targeted not just a DAO, but also its investors.

Considerable anxiety exists in the world of Web3 related to regulation and the legal status of cryptocurrency projects. It’s particularly apparent in the United States, where the Commodity Futures Trading Commission (CFTC) fueled concerns in September with an announcement that it was imposing a $250,000 fine on a decentralized autonomous organization (DAO), Ooki DAO, and its investors. The fine was particularly ominous, considering DAOs are intended to be “regulation proof.”

The CFTC said in its statement on the issue that Ooki DAO’s bZeroX protocol offered illegal off-exchange trading of digital assets. The agency took issue with the fact that the founders, Tom Bean and Kyle Kistner, tried to use the existing bZeroX protocol within the DAO to put it beyond the reach of regulators.

“By transferring control to a DAO, bZeroX’s founders touted to bZeroX community members the operations would be enforcement-proof,” the CFTC said. “The bZx Founders were wrong, however. DAOs are not immune from enforcement and may not violate the law with impunity.”

The fine is not all that surprising. The CFTC and other regulators are not going to abide by a veil of decentralization. But, there is something within the ruling that is extremely worrying to Web3 lawyers and developers. The agency’s complaint indicated that the voters within a given DAO could be distinctly liable.

In other words, no longer will only founders be targeted, as users who take part could also be liable. This is sure to have a chilling effect on turning people away from DAOs and Web3 in general. After all, the whole point is to avoid this kind of targeting and to create new ecosystems where all parties can vote in peace on issues that concern them.

Related: Biden’s cryptocurrency framework is a step in the right direction

And, it’s not a standalone case. The Securities and Exchange Commission is vying with the CFTC for authority over the world of Web3. Crypto libertarians would dispute whether centralized authorities should have a say at all in an ecosystem that they have only attacked and never aided.

The Stabenow-Boozman bill, a proposal in the U.S. Senate, would potentially give the CFTC direct oversight of tokens that qualify as digital commodities. This means that exchanges and online Web3 providers would potentially register with the CFTC, further enmeshing decentralized finance (DeFi) within a centralized web that it was engineered to escape.

Monitoring wallets, targeting smart contracts and more

The SEC has traditionally sought to regulate cryptocurrency as much as possible. The agency plays a useful role as it is able to pursue instances of outright fraud and Ponzi schemes, which are rampant in Web3. But, there is a stark difference between going after instances of fraud and regulating or governing the industry with regulations that are inapplicable.

There are too many question marks related to crypto regulation. One example is related to microtransactions and airdrops. Such transactions take place on many different exchanges over many years, with various price fluctuations. This is impossible to report on from a tax perspective, especially when many platforms are no longer operating. Along with rewards for staking and even derivative tokens liquid staking, it becomes almost impossible to account for.

The Biden administration is even targeting Proof-of-Work (POW) blockchains with new "comprehensive guidelines" issued in September. That’s at the same time many administration officials seem to be pushing for a digital USD.

Another extremely controversial, draconian crypto regulation that lawmakers have floated includes forcing receivers to verify the personal information of senders when transactions exceed $10,000. They are also seeking to regulate smart contracts as future contracts. And criminal charges are being introduced for those who develop mixers or privacy coins.

Though nobody has really said it, what we seem to be witnessing is a war on crypto cloaked in democratic language. The very pillars upon which distributed ledgers have been built are crumbling if these measures are enforced.

More conflict to follow?

The conflict between traditional regulators and modern finance seems to be reaching a melting point. Regulations are not adapting to meet the needs and strengths of modern DeFi. As such, there is now a standoff between new Web3 protocols and existing legislation. It is almost impossible to deal with the existing legal system as it is not flexible enough to account for DeFi.

Ooki DAO is indeed a bad omen for U.S. crypto developers. And it certainly won’t be the last one. A sleuth of bills and procedures are in place. Paradoxically, such actions are likely to simply encourage developers to create programs that are even more resistant to existing laws. The impossibility of complying with existing legislation can leave them with little other choices.

Related: Biden‘s anemic crypto framework offered nothing new

In one sense, it leaves U.S. crypto developers in the dark regarding what they should develop. From another angle, perhaps the path forward is quite clear. All protocols moving forward may have to be fully decentralized.

This was the premise of the very first cryptocurrency, Bitcoin (BTC). Without a central point of failure, there is nobody to target. Developers will have to work on building ecosystems that are completely separate with no ties to the legacy financial system.

Blockchains free of identity and Know-Your-Customer (KYC) requirements are the only possible option if developers want to continue operating on American shores. That’s something they are going to have to recognize sooner rather than later.

Masha Prusso is the founder of Story VC, an entity that invests in blockchain startups. She co-founded Crypto PR Lab in 2018 and worked as the head of PR and head of events at Polygon between 2021-22. She is also a qualified attorney in France, with degrees from Sorbonne and Berkeley Law School. She represented Russia in the Winter Olympic Games 2006 as the youngest athlete in snowboarding halfpipe at the age of 16.

This article is for general information purposes and is not intended to be and should not be taken as legal or investment advice. The views, thoughts, and opinions expressed here are the author’s alone and do not necessarily reflect or represent the views and opinions of Cointelegraph.

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SEC Chair Gary Gensler Argues US Commodity Regulator Should Have More Authority Over Stablecoins: Report

SEC Chair Gary Gensler Argues US Commodity Regulator Should Have More Authority Over Stablecoins: Report

U.S. Securities and Exchange Commission (SEC) chair Gary Gensler is reportedly saying that the Commodity Futures Trading Commission (CFTC) should have more regulatory authority over stablecoins. Gensler says in a recent Georgetown conference that stablecoins have many similarities to money market funds and should be regulated as such, according to a report from Reuters. “I […]

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SEC Chair Gensler Insists Most Crypto Tokens Are Securities — Says ‘the Law Is Clear’

SEC Chair Gensler Insists Most Crypto Tokens Are Securities — Says ‘the Law Is Clear’The chairman of the U.S. Securities and Exchange Commission (SEC), Gary Gensler, has reiterated that most crypto tokens are securities, emphasizing that “the law is clear on this.” However, the Commodity Futures Trading Commission (CFTC) has asked Congress for authority over crypto spot markets and several bills have been introduced in Congress this year to […]

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Top US Regulators Urge Congress to Pass Legislation on Crypto Assets

Top US Regulators Urge Congress to Pass Legislation on Crypto AssetsThe U.S. Financial Stability Oversight Council (FSOC), a group of the country’s top financial regulators, has urged Congress to pass legislation for the regulation of crypto assets. Treasury Secretary Janet Yellen said: “Crypto-asset activities could pose risks to U.S. financial stability if their interconnections with the traditional financial system or their overall scale were to […]

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CFTC can issue summons through Ooki DAO’s help chat box, says judge

A federal judge said the court’s decision was based on the CFTC effectively serving the Ooki DAO by providing the necessary documents in its Sept. 22 lawsuit.

The United States Commodities Futures Trading Commission can serve members of the Ooki decentralized autonomous organization, or DAO, with summons through online communications, according to a federal judge.

In an Oct. 3 order granting a CFTC motion, U.S. District Judge William Orrick said the commission could provide a copy of its summons and complaint through Ooki DAO’s help chat box as well as a notice on its online forum. The judge said the court’s decision was based on the CFTC effectively serving the Ooki DAO by providing the necessary documents.

The CFTC filed a lawsuit against the Ooki DAO on Sept. 22, alleging the organization offered “illegal, off-exchange digital asset trading,” violated registration guidelines and broke provisions of the Bank Secrecy Act. The legal action came alongside similar charges against bZeroX and its founders, ordered to pay $250,000 as part of a civil monetary penalty.

Related: CFTC brings $1.7B fraud case involving Bitcoin against South African national

Ooki DAO members discussed how to respond to the CFTC lawsuit, suggesting it allocate funds from the treasury to hire lawyers for DAO members, attempt to elicit support from the DeFi community and raise legal funds by selling nonfungible tokens. Many expect the organization will initiate a governance vote to finalize any decision on dealing with the lawsuit.

Many in the crypto space have criticized the CFTC for pursuing enforcement actions against organizations and companies without clear regulatory guidelines. Jake Chervinsky, head of policy at crypto advocacy group Blockchain Association, said the legal actions against Ooki DAO and bZeroX are “the most egregious example of regulation by enforcement in the history of crypto.”

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Hedge Fund CEO Anthony Scaramucci Predicts Decoupling of Crypto From Stocks – Here’s When

Hedge Fund CEO Anthony Scaramucci Predicts Decoupling of Crypto From Stocks – Here’s When

Skybridge Capital founder Anthony Scaramucci says stocks and cryptos like Bitcoin (BTC), Solana (SOL) and Avalanche (AVAX) are bound to decouple from stocks on the back of one critical catalyst. In a new interview with CNBC, the former White House Director of Communications says that the Federal Reserve is likely finished raising interest rates, and […]

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US Treasury recommends lawmakers decide which regulators will oversee crypto spot market

“The report recommends the passage of legislation in providing a rulemaking authority for federal financial regulators over this market,” said economist Jonathan Rose.

Officials with the United States Financial Stability Oversight Council, or FSOC, have recommended U.S. lawmakers pass legislation to determine which “rulemaking authority” will be responsible for regulating parts of the crypto spot market.

In an Oct. 3 meeting of the FSOC, Jonathan Rose, a senior economist at the Federal Reserve Bank of Chicago, said the FSOC had released a report in accordance with President Joe Biden’s executive order on crypto, detailing potential financial stability risks of digital assets and regulatory gaps. The report identified regulatory gaps including the spot market for cryptoassets that were not securities subject to “limited direct federal regulatory” — hinting at lawmakers stepping in to prevent possible market manipulation and conflicts of interest.

“While some firms in the crypto asset ecosystem have attempted to avoid regulation, other firms have engaged with the existing regulatory system by obtaining trust charters or special state-level cryptoasset-specific charters or licenses,” said Rose. “The report recommends the passage of legislation in providing a rulemaking authority for federal financial regulators over this [spot] market.”

According to Rose, cryptocurrencies could present financial stability risks to the U.S. economy “under certain conditions” — including growth without corresponding regulatory checks and balances. He also mentioned crypto firms operating through affiliates or subsidiaries, seemingly obfuscating offerings in the eyes of regulators, and whether companies should be allowed to offer services through intermediaries, including “broker dealers and futures commission merchants.”

In a prepared statement for the council meeting, Treasury Secretary Janet Yellen said:

“These reports provide a strong foundation for policymakers as we work to mitigate the risks of digital assets while realizing the potential benefits. They also provide a valuable addition to the public’s understanding of digital assets.”

The council’s recommendations seemed to suggest that the Commodity Futures Trading Commission, or CFTC, could be one of the regulators given authority over the crypto spot market. U.S. lawmakers have already introduced bills aimed at clarifying the roles of the Securities and Exchange Commission and CFTC over crypto. Many in the space have also criticized the two bodies for taking a “regulation by enforcement” approach to digital assets, seemingly in an attempt to gain regulatory control over the market without legislation going through Congress.

Related: Blockchain Association calls White House's crypto framework a 'missed opportunity'

On Oct. 3, the SEC announced it had charged celebrity Kim Kardashian $1.26 million for "touting on social media a crypto asset security offered and sold by EthereumMax" without disclosing any payment she had received for the promotion. In May, a federal court ordered the three co-founders of crypto derivatives exchange BitMEX to pay $30 million in civil monetary penalties as part of a CFTC case in which the regulator said the individuals violated aspects of the Commodity Exchange Act.

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CFTC Chairman on US Crypto Regulation: We Have to Rely on 70-Year-Old Case Law to Determine What’s a Security or Commodity

CFTC Chairman on US Crypto Regulation: We Have to Rely on 70-Year-Old Case Law to Determine What’s a Security or CommodityThe chairman of the Commodity Futures Trading Commission (CFTC) says his agency and the Securities and Exchange Commission (SEC) “have to rely on 70-year-old case law to determine what’s a security or a commodity.” He stressed that the SEC and CFTC are working together to regulate the crypto space, noting that “It’s not a turf […]

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CFTC takes legal action against Digitex futures exchange and CEO

Many in the space have criticized regulators including the CFTC and SEC for taking a “regulation by enforcement” approach to crypto in the United States.

The United States Commodity Futures Trading Commission, or CFTC, filed a complaint against Digitex LLC and its founder and CEO Adam Todd for failing to register the cryptocurrency futures exchange and manipulating the price of its DGTX token.

According to a Sept. 30 court filing in the Southern District of Florida, Todd allegedly pumped up the price of DGTX tokens in an effort to inflate Digitex’s holdings. The U.S. regulator claimed the Digitex CEO used different corporate entities as part of a scheme to launch and operate an illegal digital asset derivatives trading platform, in violation of the Commodity Exchange Act.

CFTC rules require performing rKnow Your Customer checks and implementing a customer information program. Todd said in 2020 that he planned to remove all KYC procedures from Digitex in an effort to protect user data.

The complaint said the CFTC sought a court order blocking Todd and Digitex from engaging in digital asset transactions considered commodities under the regulator’s purview. In addition, the regulator intended for Digitex to pay civil monetary penalties, disgorgement, and restitution to affected parties. At the time of publication, both Digitex’s and its futures websites were offline.

Related: SEC alleges fintech and 'market maker' firms manipulated crypto market in token scheme

Many in the crypto space have criticized regulators including the CFTC and Securities and Exchange Commission, or SEC, for taking a “regulation by enforcement” approach to crypto in the United States. While the SEC is currently engaged in a legal battle against Ripple over whether the firm’s XRP sales violated securities laws, CFTC commissioner Caroline Pham met with Ripple CEO Brad Garlinghouse as part of a “learning tour” on crypto and blockchain in September.

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