At the recent Bitcoin Nashville Conference, political tensions around cryptocurrency regulation were on full display, with Republican candidate Donald Trump’s promise to fire SEC chair Gary Gensler receiving thunderous applause. As cryptocurrency becomes a more prominent issue in U.S. politics, Coinbase’s Chief Legal Officer, Paul Grewal, is advocating for a non-partisan approach to crypto regulation. In a discussion at the Asia Blockchain Summit in Taipei, Grewal highlighted the importance of bipartisan support for the continued growth and development of the crypto industry. The push for crypto policy bipartisanship is becoming increasingly crucial as the industry faces regulatory scrutiny.
The Risks of Politicizing Cryptocurrency
Grewal’s primary concern is the potential for cryptocurrency to become a divisive political issue in the United States. “My number one concern is that crypto becomes politicized and becomes a partisan issue in ways that, at the very least, slow and perhaps even worse, threaten its continued growth and development,” Grewal stated during his interview in Taipei. He stressed that for cryptocurrency to thrive, it is essential that both major political parties in the U.S. work together to modernize outdated financial policies.
The need for crypto policy bipartisanship is underscored by the reliance on antiquated frameworks like the Howey Test to regulate the industry. The Howey Test, developed in the 1940s and 50s in the context of an Orange Grove real estate deal in Florida, is often cited by regulators when determining whether a financial instrument qualifies as a security. However, Grewal argues that applying this test “blindly and mechanically” to modern blockchain technologies and cryptocurrencies is impractical and fails to account for the unique aspects of the digital economy.
Modernizing U.S. Financial Regulations
Grewal’s call for updated regulations reflects a broader industry sentiment that the U.S. is lagging behind other regions in creating a conducive environment for crypto innovation. He pointed out that while the U.S. struggles with outdated frameworks, regions like Asia are taking a more progressive approach by developing regulations from the ground up and engaging directly with industry stakeholders.
In particular, Grewal praised Hong Kong’s efforts to create a digital asset license framework, which includes allowing crypto ETF issuers to offer in-kind redemptions—something currently prohibited by the U.S. Securities and Exchange Commission (SEC). Hong Kong’s regulatory approach, which began with a policy review in late 2022, demonstrates how regions can balance innovation with consumer protection by focusing on the specific needs of the industry rather than adhering strictly to legacy systems.
“What is most inspiring to me here in Asia is that there’s a focus on discrete issues and almost no focus on ideology,” Grewal noted. He emphasized that Asian regulators are more interested in understanding the technology, learning from industry experiences, and crafting rules that promote growth while mitigating risks.
Challenges and Optimism for the U.S. Market
In contrast to the collaborative regulatory environment in Asia, Grewal described the challenges of having meaningful dialogue with large segments of the U.S. government on crypto policy. Despite these difficulties, he remains optimistic about the future of crypto regulation in America. He believes that as the industry matures, both Democrats and Republicans are beginning to recognize the importance of establishing clear, effective regulations that foster innovation without stifling it.
Grewal concluded with a reminder that, at its core, “crypto, at the end of the day, it’s code.” He argued that while there are many issues that divide Americans, the functionality of code and its applications in the digital economy should be a unifying topic. The push for crypto policy bipartisanship is not just about protecting the industry’s growth—it’s about ensuring that the U.S. remains a leader in technological innovation.
As the debate over cryptocurrency regulation continues to unfold, Grewal’s call for a bipartisan approach may serve as a crucial guiding principle for policymakers. By focusing on the technological and economic benefits of crypto, rather than allowing it to become a partisan battleground, the U.S. can create a regulatory environment that supports both innovation and consumer protection.
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