On April 15, Warren Davidson, a United States representative, tweeted that he plans to introduce legislation to fire Securities and Exchange Commission (SEC) chair Gary Gensler. This comes after the SEC’s proposal to revisit the definition of an “exchange.” Gensler had stated that the proposed rule amendments could benefit investors and markets by modernizing the rules that define an exchange and bringing certain brokers under additional regulatory scrutiny. However, both crypto advocacy groups and SEC commissioner Hester Peirce, known as “Crypto Mom” for her pro-crypto positions, criticized the proposal. Davidson’s proposed legislation would remove the Chairman of the SEC and replace the role with an Executive Director that reports to the Board.
Peirce argued that the SEC has been expanding its reach to solve problems that do not exist and refusing to alter current regulations to allow for new technologies and new ways of doing business. She believes that the SEC has taken the approach of telling entrepreneurs trying to do new things in the markets to come in and register. When entrepreneurs find they cannot, the SEC dismisses the possibility of making practical adjustments to its registration framework to help them register, and instead rewards their good faith with an enforcement action.
In recent years, the SEC has launched high-profile actions against crypto companies like Ripple, LBRY, and Coinbase over alleged violations, and has taken aim at staking and stablecoins. Critics argue that the SEC has been using enforcement actions to develop the law on a case-by-case basis rather than creating clear regulations.
Davidson’s proposed legislation has stirred up debate over the future direction of the SEC and its role in regulating emerging technologies like cryptocurrencies. The crypto community is hopeful that any potential changes to the SEC’s leadership and regulations will be accompanied by a more progressive and flexible approach to these technologies.
It remains to be seen whether Davidson’s proposed legislation will gain traction and what impact it could have on Gensler’s tenure as SEC chair. However, it is clear that there are differing opinions within the SEC and the broader crypto community on the best way to approach regulations for emerging technologies, and this debate will likely continue for the foreseeable future.
