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by zztop44 1115 days ago
I mean, the US federal government doesn’t have an internally consistent stance on cryptocurrency regulation, with different agencies in conflict as to whether a securities or commodities regulatory framework applies. And no consistent clear determination has been made. It’s currently effectively impossible to get actionable legal advice about how to follow the rules, which is different to the situation with the FDA, EPA, et al.

You could say that the conclusion is then that it’s all illegal full stop and that all cryptocurrency related businesses in the US should cease operations immediately. But if that’s the case, you’d hope that would be clearly expressed somewhere. Right now, the rules (or rather, the probabilities of facing adverse legal action) are being inferred after the fact by analysing patterns of enforcement action.

2 comments

Crypto isn't some completely new thing that needs a new set of regulatory rules. The tech behind it is new, but it's really just another currency for the most part. Are there some differences? Yes! But it is not so different that most of the rules either don't apply or it's hard to see how they apply.
A crime isn't not a crime just because you do it with a bunch of math!
So maybe they should align within themselves before going after others?