Unchained: Big Ideas From The Worlds Of Blockchain And Cryptocurrency

The Lummis/Gillibrand Crypto Bill: Is the 'Ancillary Token' Approach the Best Way? - Ep. 361

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Sinopsis

Lewis Cohen, lead attorney at DLx Law LLC, joins to discuss the recently proposed Lummis-Gillibrand bill, the Responsible Financial Innovation Act, which he helped shape. In this episode, we cover:  how Lewis was impressed by Gillibrand’s and Lummis’s offices’ hard work and bipartisanship   how the bill creates a new definition for an “ancillary asset” with split oversight responsibilities between the CFTC and the SEC  how the bill proposes a test of managerial centralization as a determinant of disclosure requirements for digital assets  his response to criticism that the ancillary token approach is more complicated than need be and gives too much power to the SEC  why the bill didn't adopt an approach more similar to something like SEC Commissioner Hester Peirce’s token safe harbor proposal  how Lewis would respond to SEC Chair Gary Gensler’s contention that the vast majority of digital assets are securities  how Cohen is concerned about legislation or regulation impinging on basic freedoms to trans