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Implementing FIT21 could be a ‘slow, slow process’ — CFTC Commissioner

Summer Mersinger anticipates extensive coordination and potential delays in the implementation of FIT21 across U.S. regulatory agencies if it is enacted.

Implementing the Financial Innovation and Technology for the 21st Century Act (FIT21) could be a lengthy process, potentially requiring months or even years of coordination between United States regulators before rules go into effect.

Summer Mersinger, Commissioner of the Commodity Futures Trading Commission (CFTC), made the prediction during a panel at the 2024 Consensus event. Mersinger sees a slow regulatory process for the bill if it becomes law.

“If you think legislation takes a long time, rulemaking takes a long time, too. And some of the Dodd-Frank rules we’re not even done,” said Mersinger, adding that the process’ length would depend on how Congress passes the legislation. She continued:

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US Treasury report outlines potential financial risks of NFTs

The government department outlined potential concerns with the NFT market, including terrorist financing, theft, and funding nuclear proliferation.

The United States Treasury Department has released its first-ever finance risk assessment for nonfungible tokens (NFTs) in an attempt to provide regulators with greater insight into potential risks and security concerns facing the rapidly evolving market. 

Several potential risks were identified including the potential for terrorists to finance operations through NFTs, state actors using NFTs to fund nuclear proliferation, money laundering, and the potential risks to investors who may experience theft, rug-pulls, or other forms of fraud that have become well-known.

The report repeatedly reiterated that the vast majority of these illicit activities occur through fiat financing and transactions, and are not unique to the digital asset space.

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Spot Ether ETFs receive official approval from the SEC

The U.S. Securities and Exchange Commission gave the green light to several spot Ether ETFs after speculation that the regulator was considering treating ETH as a security.

In a second landmark decision this year, the United States Securities and Exchange Commission has given the regulatory green light to spot Ether exchange-traded funds (ETFs) in the United States. 

Ina May 23 filing, the SEC approved the 19b-4 filings from VanEck, BlackRock, Fidelity, Grayscale, Franklin Templeton, ARK 21Shares, Invesco Galaxy, and Bitwise — approving the rule changes allowing spot Ether ETFs to be listed and traded on their respective exchanges. The landmark decision came despite speculation that the securities regulator has been investigating whether to label Ether (ETH) as a security.

While the 19b-4s have been approved, ETF issuers still need the SEC to sign off on their respective S-1 registration statements for the spot Ether ETFs to officially begin trading. Industry analysts say this could take days, weeks or even months. The SEC reportedly instructed applicants to accelerate their 19b-4 filings on May 20. The removal of staking is the most notable amendment seen across several filings. 

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Ex-FTX CEO ends up in Oklahoma prison despite request from judge

Records show Sam Bankman-Fried was in the Federal Transfer Center in Oklahoma City, suggesting authorities may still transfer him to a prison in California.

Former FTX CEO Sam “SBF” Bankman-Fried is no longer incarcerated in New York or California, where his parents own a home — according to prison records, he’s in Oklahoma.

As of May 23, inmate records for the Federal Bureau of Prisons showed that Bankman-Fried was being held at the Federal Transfer Center in Oklahoma City. According to the Office of the Inspector General for the U.S. Department of Justice, the facility confines inmates on a “short-term basis” for transfers within the prison system.

SBF’s relocation to Oklahoma, coupled with reports from May 22, suggested that authorities may transfer the former FTX CEO from the Metropolitan Detention Center (MDC) in Brooklyn to the Federal Correctional Institution (FCI) in Mendota. The transfer appeared to have happened despite Judge Lewis Kaplan of the U.S. District Court for the Southern District of New York recommending SBF stay at MDC Brooklyn.

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18M Americans used or owned crypto in 2023 — Fed survey

Just 1% of United States adults reported using crypto for payment or to send money in 2023.

The number of United States adults reporting crypto ownership or usage dropped to around 18 million in 2023, according to the latest annual household survey from the Federal Reserve.

In the 12 months to October 2023, 7% of surveyed U.S. adults reported using crypto — down from 10% in 2022 and 12% in 2021, according to the Fed’s Survey of Household Economics and Decisionmaking (SHED) published on May 21.

Just 1% of adults said they use crypto as a payment method or to send money, down half from 2022, while 7% purchased or held crypto as an investment.

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US House approves FIT21 crypto bill with bipartisan support

Democratic and Republican lawmakers in the U.S. House of Representatives voted to pass the Financial Innovation and Technology for the 21st Century Act.

A majority of United States House of Representatives members voted in favor of legislation to establish regulatory clarity over digital assets.

In a 279 to 136 vote on May 22, House lawmakers approved H.R.4763, or the Financial Innovation and Technology for the 21st Century (FIT21) Act. If passed by the Senate and signed into law, the bill clarifies the roles the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) have over digital assets. 71 Democrats joined with 208 Republicans to vote in favor of the bill.

“Unfortunately, our current regulatory framework is preventing digital assets’ innovation from reaching its full potential,” said Representative Patrick McHenry before the House vote. “The SEC and the CFTC are currently in a food fight for control of these asset classes.”

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Donald Trump says his campaign will accept crypto

Facing several criminal cases, the presumptive Republican Party nominee for U.S. President is expected to face off against President Joe Biden in November 2024.

Former United States President Donald Trump, currently facing criminal charges in four jurisdictions in the country, announced his campaign to run for president in 2024 would accept cryptocurrency donations.

In a May 21 notice, the Trump 2024 campaign said it had launched a fundraising page for eligible people to donate in crypto using the Coinbase Commerce product. The website featured logos for Bitcoin (BTC), Ether (ETH), Dogecoin (DOGE), Shiba Inu (SHIB), XRP, USD Coin (USDC), Solana (SOL) and 0x (ZRX). The announcement cited Senator Elizabeth Warren’s attacks on cryptocurrency, claiming without evidence that she was acting as U.S. President Joe Biden’s “official surrogate” in Congress.

During a May 8 dinner for supporters who purchased a nonfungible token featuring a mugshot at his surrender in a Georgia jail, Trump said he would ensure attendees could make donations to his campaign in crypto. With less than six months until Election Day, Trump is the presumptive Republican Party nominee for U.S. President in 2024. He will likely face off against President Biden, the presumptive Democratic Party nominee.

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US lawmaker addresses House before FIT21 vote: Bill ‘will stop another FTX’

Representative Wiley Nickel called on Democrats and Republicans to support the bill to stop the SEC from “turning cryptocurrency regulation into a political football.”

Many lawmakers in the United States House of Representatives are expressing support for a bill clarifying the roles of the country’s financial regulators regarding digital assets as it approaches a floor vote on May 22.

Speaking on the House floor on May 21, North Carolina Representative Wiley Nickel called on lawmakers to support the passage of the Financial Innovation and Technology for the 21st Century (FIT21) Act. The bill would clarify how the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission regulate crypto and, according to Rep. Nickel, “prevent the next FTX” from happening.

“Congress has never voted on a regulatory structure for crypto,” said Rep. Nickel. “In fact, we’re operating on a hundred-year-old securities law.”

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Freedom of speech isn’t a ‘trump card’ for Tornado Cash developers

Does code as freedom of speech mean that developers aren’t responsible for how their creations are used?

Crypto industry advocates are locked in a debate with regulators over whether a protocol’s code constitutes free speech, and what that means for liability. 

Lawmakers have long accused the crypto industry of facilitating illicit activities, from money laundering to financing terrorism. This has led to several court cases, arrests and even incarcerations.

Recent high-profile examples include the arrests of developers who worked on crypto mixers Tornado Cash and Samurai Wallet, as well as the United States Securities and Exchange Commission’s (SECs) planned enforcement action against decentralized exchange Uniswap.

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Ex-Florida congressman joins Coinbase Global Advisory Council

Stephanie Murphy, Tim Ryan, and Pat Toomey — all former U.S. lawmakers — are on the council advising Coinbase on regulatory matters.

Kendrick Meek, previously serving as the House Representative for Florida's 17th congressional district, has joined cryptocurrency exchange Coinbase’s council to address the digital asset regulatory landscape.

In a May 20 X post, Coinbase Chief Policy Officer Faryar Shirzad said Meek had joined the exchange’s Global Advisory Council as part of efforts to “updat[e] the system” governing digital assets in the United States. The former Florida congressman served in the U.S. House of Representatives from 2003 to 2011 and was a member of the Committee on Ways and Means, which has jurisdiction over taxes.

According to a report from The Hill, Meek spoke in favor of digital assets as they “offer new opportunities to address the systemic issues that have plagued our financial system.” He will join other former U.S. lawmakers on the council, including Stephanie Murphy, Tim Ryan and Pat Toomey. Cointelegraph reached out to Meek for comment but did not receive a response at the time of publication.

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