Ex-CFTC Commissioner Berkovitz Says ‘DeFi Should Be Regulated’ – But How? - Ep. 496
In the SEC’s push to rein in the crypto sector, one question looms large: Is ETH a security? Dan Berkovitz, a former CFTC commissioner and SEC general counsel, and Colin Lloyd, a partner at law firm Sullivan & Cromwell, assess the current state of the regulatory turf war in the U.S., shedding light on some of Washington’s unanswered questions.
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Show highlights:
🔹how an asset can be both a commodity and a security
🔹what it means that bitcoin and ether were listed as non-security futures
🔹whether The Merge may have changed regulators’ views on the classification of ETH
🔹who would be responsible for determining that ETH is a security
🔹what Colin and Dan say about ETH being a security or not
🔹what would happen if any regulator, be it the CFTC or SEC, determined that ETH is a security
🔹how and whether DeFi applications should be regulated
🔹why it is important to consider the “human initiative” behind DeFi platforms
🔹the implications of having a technology that allows for the sale of securities without an intermediary
🔹the implications of the SEC’s proposal to change the definition of an exchange
🔹how new technologies were integrated with the regulatory system in the past and how that differs from the current approach of the SEC
🔹the problems of trying to regulate a technology that’s changing so fast
how other jurisdictions have been taking a more proactive approach to regulating digital assets
Thank you to our sponsors!
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Guests:
🔥Dan Berkovitz, former General Counsel at the SEC and former Commissioner at the CFTC.
🔥Colin Lloyd, partner at Sullivan & Cromwell
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Time Stamps:
0:00 Introduction
31:50 DeFi regulation
54:15 Definition of an exchange
1:08:10 Rulemaking
1:16:52 Securities Clarity Act
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#bitcoin #ethereum #crypto #cryptocurrencies
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