Prioritizing Investor Protection and Existing Regulatory Frameworks in Digital Assets Legislation

Published on:
October 11, 2022
Submitted to:
U.S. Congress
Submitted by:
SIFMA

Summary

SIFMA provided comments to the U.S. Congress commending the Senate Banking Committee, Senate Agriculture Committee, House Financial Services Committee, and House Agriculture Committee for their leadership in seeking to address the important issues raised by various digital asset product types.

Excerpt

October 11, 2022

The Honorable Sherrod Brown

Chairman

Senate Banking Committee

534 Dirksen Senate Office Building

Washington, D.C. 20510

The Honorable Patrick Toomey

Ranking Member

Senate Banking Committee

534 Dirksen Senate Office Building

Washington, D.C. 20510

The Honorable Debbie Stabenow

Chairwoman

Senate Agriculture Committee

328A Russell Senate Office Building

Washington, D.C. 20510

The Honorable John Boozman

Ranking Member

Senate Agriculture Committee

328A Russell Senate Office Building

Washington, D.C. 20510

The Honorable Maxine Waters

Chairwoman

House Financial Services Committee

2129 Rayburn House Office Building

Washington, DC 20515

The Honorable Patrick McHenry

Ranking Member

House Financial Services Committee

2129 Rayburn House Office Building

Washington, DC 20515

The Honorable David Scott

Chairman

House Agriculture Committee

1301 Longworth House Office Building

Washington, DC 20515

The Honorable Glenn “GT” Thompson

Ranking Member

House Agriculture Committee

1010 Longworth House Office Building

Washington, DC 20515

Re: Prioritizing Investor Protection and Existing Regulatory Frameworks in Digital Assets Legislation

Dear Chairs and Ranking Members:

The Securities Industry and Financial Markets Association (“SIFMA”) commends the Senate Banking Committee, Senate Agriculture Committee, House Financial Services Committee, and House Agriculture Committee (collectively, “Committees”) for their leadership in seeking to address the important issues raised by various digital asset product types. As the Biden Administration pursues a whole-of-government approach to digital asset regulation, it is clear that Congress has an important role to play in leading the effort to provide structure and legal certainty for this developing market.1 As you continue this work within the Committees and across Congress, SIFMA encourages you to prioritize investor protection, apply a technology neutral approach, and follow the principle of “same activity, same risk, same regulatory outcome.” This principle importantly recognizes the need for similar regulatory requirements when different entities’ activities pose similar risks. However, the principle also embraces the reality that different actors can conduct the same activity and produce very different risks, depending on a host of factors including scale, scope of services, and other regulated functions, meriting a different regulatory approach. As we discuss below, digital asset activities could be subject to either bank or non-bank and either federal or state regulatory frameworks depending on a range of factors, so long as they yield comparable regulatory outcomes. We encourage Congress to utilize existing regulatory frameworks that have helped make U.S. financial markets the strongest and most resilient in the world, recognizing that key innovations will be necessary to reflect blockchain technology’s unique characteristics.

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