U.S. regulators are still looking into cryptocurrencies and initial coin offerings, but donât aim to suppress the industry, according to comments made during a panel at CoinDeskâs Consensus 2018 conference in New York.
Commodity Futures Trading Commission (CFTC) enforcement director James McDonald, Securities and Exchange Commission (SEC) Enforcement Division Cyber Unit chief Robert Cohen and associate deputy attorney general Sujit Raman participated in a panel discussion on enforcement activities in the space Tuesday. They were joined by Kiran Raj, chief strategy officer at crypto exchange Bittrex, with the panel moderated by attorney Steve Bunnell.
The government representatives, who disclaimed that they only spoke for themselves and not their respective agencies, notably all agreed that they did not want to hinder innovation or interfere unduly with blockchain or the tokens built on the nascent technology.
That said, they all also stated that they had to act against those seeking to defraud or outright steal from participants in the space.
Cohen and McDonald both said their agencies had âopen-door policiesâ for those trying to launch token sales, with Cohen explaining:
 âThe SEC has been open about meeting with people from the industry, to come in and meet with the staff, to talk about the ideas you have, the new developments, and have a dialogue about the new technology. The commission encourages ways to raise capital, we donât regulate the technology â we regulate the financial industry and the markets.â
On actually regulating the space, McDonald noted:
âOur mission is to foster financially sound markets, and we understand as a regulator that requires a certain amount of [flexibility] in our approach. Weâre doing it in a way that doesnât hinder innovation and doesnât interfere with other regulatory priorities.â
Raman similarly cited a need to protect Americans as the focus for any actions taken by the Department of Justice, saying:
âThe number one priority for the Department of Justice is to keep people safe. One concern we have for the larger virtual currency space is large sums of money are flowing through the market without touching financial institutions ⦠From a national security perspective or an anti-money laundering perspective, thatâs something ⦠we have to investigate. As with anything else, itâs a balance but itâs certainly one of our priorities, to know whatâs going on.â
When asked about his concerns, Bittrexâs Raj pointed to a lack of regulatory clarity surrounding token sales:
âOne of the big pieces of feedback I get ⦠is we need more certainty. One of the main things we get is we hear about fraud ⦠we agree, we donât want them in the industry. The problem is how do we take guidance and apply it to what youâre doing when itâs so far away from what the fraud people are doing?â
McDonald agreed, saying:
âLabCFTC is providing their expertise to make sure we end up in the best place possible. Weâre careful not to be putting ourselves out there in the same way that the policy divisions would be but the policy divisions are having conversations with market participants.â
However, Cohen said the SEC has released guidance on tokens, saying:
âThe main issue is whether the token or whatever asset you have is a security, and the commission has put out guidance on that. If a firm or person is making a good-faith effort to comply with the law, and one step to that is if theyâre talking to regulators, [weâll work with them].â
For those who do seek to defraud others, Cohen said:
âItâs clear when people are not making good-faith efforts to comply, and thatâs when we step in.â
Read the full rundown on Twitter.
Panel image by Nikhilesh De for CoinDesk (Kiran Raj, @CFTCâs James McDonald, @SEC_Newsâ Robert Cohen, @TheJusticeDeptâs Sujit Raman and Steve Bunnell)