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The unintended consequences of the FIT21 Cryptocurrency Market Structure Law
There is no doubt that the bipartisan passage of the Financial Innovation and Technology for the 21st Century Act (FIT21) from the Chamber represents a monumental development for the US cryptocurrency industry, bringing much-needed regulatory clarity into view. However, despite its good intentions, FIT21 is fundamentally flawed from a market structure perspective and introduces issues that could have far-reaching unintended consequences if not addressed in future Senate negotiations.
Joshua Riezman is deputy general counsel of GSR.
Note: The opinions expressed in this column are those of the author and do not necessarily reflect those of CoinDesk, Inc. or its owners and affiliates.
One of the most problematic aspects of the bill is the creation of a bifurcated market for crypto tokens. By distinguishing between “limited digital assets” and “digital goods” in parallel trading markets, the bill sets the stage for a fragmented landscape that is ill-suited to the inherently global and fungible nature of crypto tokens and creates the first of its own kind complications of compliance.
This legislative initiative arises from long-standing debates over the application of US federal securities laws to crypto tokens and the difference between bitcoin, which is considered a non-security, and almost all other tokens. US Securities and Exchange Commission (SEC) guidance on whether a crypto token is a security is generally based on whether the associated blockchain project is “sufficiently decentralized” and therefore is not an investment contract “security” as defined by the Howey test.
FIT21 attempts to codify this impractical test by dividing regulatory oversight of spot cryptocurrency markets between the Commodity Futures Trading Commission (CFTC) and the SEC, based on, among other things, the degree of decentralization.
While the bill appears to helpfully clarify that cryptographic tokens transferred or sold pursuant to an investment contract do not themselves become securities, it unfortunately contradicts itself by still giving the SEC plenary authority over such investment contract assets when sold to investors (or issued to developers). ) for the period of time before a project reaches decentralized Valhalla. Only tokens distributed or earned by end users are initially “digital products” subject to the jurisdiction of the CFTC.
Most confusingly, FIT21 allows simultaneous trading of limited digital assets and digital commodities for the same token in separate and distinct markets during this period (as shown in the graph below). It is likely that many projects would do this Never meet the law’s prescriptive definition of decentralization and thus trade in disconnected markets in the United States indefinitely.
The bill’s proposed bifurcated market for limited and unlimited digital assets ignores fungibility as a key feature of cryptographic tokens. By creating categories of tied and untied goods, the bill disrupts this principle, leading to confusion and market fragmentation. This could compromise liquidity, complicate transactions and risk management mechanisms like derivatives, reduce the overall utility of crypto tokens, and ultimately stifle innovation in a nascent industry.
Implementing such distinctions would likely require technological changes to crypto tokens to allow buyers to know what type of crypto asset they are receiving so they can meet specific market requirements. Imposing such a technology stamp on restricted digital assets, even if possible, would create an “American-only” cryptocurrency market separate from global digital asset markets, reducing the utility and value of any relevant project.
As shown in the chart above, tokens could transit back and forth between the SEC and CFTC markets in the event that decentralized projects recentralize. The complexity and compliance costs created by such a scheme applied to the many thousands of future crypto tokens are dramatically underestimated and would undermine the credibility and predictability of US financial markets. There are precious few examples of financial products transitioning between SEC and CFTC jurisdiction, and it’s almost always a tire fire (for examplethe 2020 transition of KOSPI 200 futures contracts from CFTC jurisdiction to joint CFTC/SEC jurisdiction).
The bill further underestimates the international nature of crypto token markets. Crypto tokens are global assets that are traded as the same instrument globally. Attempting to restrict certain assets in the United States would likely lead to regulatory arbitrage, where the flow back from international markets would undermine the intent of the bill while eroding the competitiveness of the U.S. cryptocurrency industry.
Developers and investors outside the United States are unlikely to impose similar restrictions on restricted digital assets. Therefore, new projects and investors will be incentivized to move development and investment outside of the United States to avoid these requirements. This would make it extremely difficult to prevent the US digital commodities market from being flooded with non-US tokens that would have been restricted digital assets if they had been “issued” in the US
Finally, ironically, the bill designed to protect US consumers may end up hurting them due to poor market structure. The first CFTC-regulated markets for end users will be full of sellers who typically received tokens for free. This unbalanced market dynamic will most likely lead to low prices and greater volatility than both restricted and international markets, with professional arbitrageurs benefiting at the expense of US retail.
This system will be further manipulated by insiders and professional investors as arbitrageurs capitalize on disjoint pricing and price jump discontinuities caused by the transition between centralized and decentralized designations. At best, US retail markets will be a noisy signal of fundamental value and end users will be the last to receive institutional liquidity.
While FIT21 represents a crucial step in addressing the regulatory challenges posed by crypto tokens, the current proposed market structure may have unintended consequences. To protect customers and ensure the smooth functioning of U.S. digital asset markets, lawmakers must refine the bill to unify spot markets for fungible crypto tokens that would otherwise not be securities under a coherent regulatory framework.
News
Cryptocurrency Price August 1: Bitcoin Dips Below $65K; Solana, XRP Down Up To 8%
Major cryptocurrencies fell in Thursday trading following the Federal Reserve’s decision to keep its key interest rate unchanged. Overnight, the U.S. Federal Reserve kept its key interest rate at 5.25-5.5% for the eighth consecutive time, as expected, while also signaling the possibility of a rate cut at its next meeting in September. The unanimous decision by the Federal Open Market Committee reflects a continued wait-and-see approach as it monitors inflation trends.
CoinSwitch Markets Desk said: “Bitcoin has fallen below $65,000 after the US Federal Reserve announced it would keep interest rates unchanged. However, with markets now anticipating rate cuts at the next Federal Reserve meeting in September, the outlook for a Bitcoin rally by the end of the year has strengthened.”
Meanwhile, CoinDCX research team said: “The crypto market has plunged after the Fed decision. Tomorrow’s US unemployment rate announcement is expected to induce more volatility, with the ‘actual’ figure coming in higher than the ‘expected’ one, which is positive for cryptocurrencies.”
At 12:21 pm IST, Bitcoin (BTC) was down 3.2% at $64,285, while Ethereum was down nearly 4.5% at $3,313. Meanwhile, the global market cryptocurrency The market capitalization fell 3.6% to around $2.3 trillion in the last 24 hours.
“Bitcoin needs to clear its 200-day EMA at $64,510 to consolidate further. Otherwise, a retest of $62,000 could be in the cards,” said Vikram Subburaj, CEO of Giottus.
Altcoins and meme coins, such as BNB (3%), Solana (8%), XRP (5.7%), Dogecoin (5%), Cardano (4.6%), Avalanche (4.3%), Shiba Inu (3.8%), Polkadot (3.4%), and Chainlink (4%) also saw declines.
The volume of all stablecoins is now $71.64 billion, which is 92.19% of the total cryptocurrency market volume in 24 hours, according to data available on CoinMarketCap. Bitcoin’s dominance is currently 54.99%. BTC volume in the last 24 hours increased by 23.3% to $35.7 billion.
(Disclaimer: Recommendations, suggestions, opinions and views provided by experts are personal. They do not represent the views of the Economic Times)
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Altcoins WIF, BONK, RUNE, JUP Down 10% While Bitcoin Drops 4%
Altcoins dogwifhat, Bonk, THORChain, and Jupiter have suffered losses of more than 10%, while Bitcoin is down 4% in the last 24 hours.
After a period of relative calm yesterday, July 31, Bitcoin (BTC) price action has seen a drastic change as the cryptocurrency dropped by more than $3,500, bringing its value to $63,300. At the same time, altcoins mirrored this trend, with the total value of liquidated positions rising to nearly $225 million over the course of the day.
Initially, the week started on a positive note for Bitcoin, which reached its highest point since early June, hitting $70,000. However, this peak was short-lived, as it was quickly rejected, leading to a substantial decline, with Bitcoin falling below $65,500.
The cryptocurrency managed to regain some stability, trading comfortably at around $66,800. However, following a Press conference According to Federal Reserve Chairman Jerome Powell, the value of Bitcoin has fallen again to $64,300, down more than 3% in 24 hours.
BTC Price Chart 24 Hours | Source: crypto.news
The recession coincided with a relationship from the New York Times stating that Iran had called for retaliatory measures against Israel following the assassination of Hamas leader Ismail Haniyeh in Tehran, increasing the risk of further conflict in the region.
Meanwhile, on the economic front, the Federal Reserve decided to keep its benchmark interest rates in place, offering little information on a planned September rate cut. Powell also hinted that while no concrete decisions have been made on the September adjustment, there is growing consensus that a rate cut is likely.
Amid Bitcoin’s decline, altcoins have suffered even more significant losses. For example, dogwifhat (Wife) saw a 12.4% drop and (DISGUST) has suffered a 10% drop. Other altcoins such as THORChain (RUNE) also fell by 10%, while Jupiter (JUPITER) and the Ethereum naming service (ENS) decreased by 8% and 9% respectively.
Among the largest-cap cryptocurrencies, the biggest losers are Solana (SOL) with a decrease of 8%, (Exchange rate risk) down 6%, Cardano (ADA) down 4%, and both Ethereum (ETH) and Dogecoin (DOGE) recording a decrease of 4.4%.
Data from CoinGlass indicates that approximately 67,000 traders have been negatively impacted by this increased volatility. BTC positions have seen $61.85 million in liquidations, while ETH positions have faced $61 million. In total, the value of liquidated positions stands at $225.4 million at the time of writing.
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Riot Platforms Sees 52% Drop in Bitcoin Production in Q2
Bitcoin mining firm Riot Platforms has released its second-quarter financial results, highlighting a decline in cryptocurrency mined due to the recent halving.
Colorado-based Bitcoin (BTC) mining company Riot platforms revealed its second quarter financial results, highlighting a significant reduction in mined cryptocurrencies attributed to the recent halving event that took place in early April.
The company reported total revenue of $70 million for the quarter ended July 31, a decline of 8.7% compared to the same period in 2023. Riot Platforms attributed the revenue decline primarily to a $9.7 million decrease in engineering revenue, which was partially mitigated by a $6 million increase in Bitcoin extraction income.
During the quarter, the company mined 844 BTC, representing a decline of over 50% from Q2 2023, citing the halving event and increasing network difficulty as major factors behind the decline. Riot Platforms reported a net loss of $84.4 million, or $0.32 per share, missing Zacks Research forecast a loss of $0.16 per share.
Halving increases competitive pressure
The Colorado-based firm said the average cost of mining one BTC in the second quarter, including energy credits, rose to $25,327, a remarkable 341% increase from $5,734 per BTC in the same quarter of 2023. Despite this significant increase in production costs, the firm remains optimistic about maintaining competitiveness through recent deals.
For example, following the Recent acquisition Cryptocurrency firm Block Mining, Riot has increased its distributed hash rate forecast from 31 EH/s to 36 EH/s by the end of 2024, while also increasing its 2025 forecast from 40 EH/s to 56 EH/s.
Riot Platforms Hashrate Growth Projections by 2027 | Source: Riot Platforms
Commenting on the company’s financials, Riot CEO Jason Les said that despite the halving, the mining company still managed to achieve “significant operational growth and execution of our long-term strategy.”
“Despite this reduction in production available to all Bitcoin miners, Riot reported $70 million in revenue for the quarter and maintained strong gross margins in our core Bitcoin mining business.”
Jason Les
Following its Q2 financial report, Riot Platforms shares fell 1.74% to $10.19, according to Google Finance data. Meanwhile, the American miner continues to chase Canadian rival Bitfarms, recently acquiring an additional 10.2 million BITF shares, increasing its stake in Bitfarms to 15.9%.
As previously reported by crypto.news, Riot was the first announced a $950 million takeover bid for Bitfarms in late May, arguing that Bitfarms’ founders were not acting in the best interests of all shareholders. They said their proposal was rejected by Bitfarms’ board without substantive engagement.
In response, Bitfarms She said that Riot’s offer “significantly understates” its growth prospects. Bitfarms subsequently implemented a shareholder rights plan, also known as a “poison pill,” to protect its strategic review process from hostile takeover attempts.
News
Aave Price Increases Following Whales Accumulation and V3.1 Launch
Decentralized finance protocol Aave is seeing a significant spike in whale activity as the market looks to recover from the recent crash that pushed most altcoins into key support areas earlier this week.
July 31, Lookonchain shared details indicating that the whales had aggressively accumulated Aave (AAVE) over the past two days. According to the data, whales have withdrawn over 58,848 AAVE worth $6.47 million from exchanges during this period.
In one instance, whale address 0x9af4 withdrew 11,185 AAVE worth $1.23 million from Binance. Meanwhile, another address moved 21,619 AAVE worth over $2.38 million from the exchange and deposited the tokens into Aave.
These withdrawals follow a previous transfer of 26,044 AAVE from whale address 0xd7c5, amounting to over $2.83 million withdrawn from Binance.
AAVE price has surged over 7% in the past 24 hours amid buy-side pressure from these whales. The DeFi token is currently trading around $111 after jumping over 18% in the past week.
Recently, the price of AAVE increased by over 8% after Aave founder Marc Zeller announced a proposed fee change aimed at adopting a buyback program for AAVE tokens.
Aave v3.1 is available
The total value locked in the Aave protocol currently stands at around $22 billion. According to DeFiLlamaApproximately $19.9 billion is on Aave V3, while the V2 chain still holds approximately $1.9 billion in TVL and V1 approximately $14.6 million.
Aave Labs announced Previously, Aave V3.1 was made available on all networks with active Aave V3 instances.
V3.1 features improvements that are intended to improve the overall security of the DeFi protocol. The Aave DAO governance has approved the v3.1 improvements, which also include operational efficiency and usability for the network.
Meanwhile, Aave Labs recently outlined a ambitious roadmap for the projectwith a 2030 vision for Aave V4, among other developments.
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