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    Former CFTC Chair on How to Regulate Stablecoins Without Passing Any New Laws

    enSeptember 22, 2022

    Podcast Summary

    • Understanding Stablecoins and Their RegulationStablecoins, which aim for stability, are easier to regulate than other crypto tokens. Principal Asset Management emphasizes a 360-degree perspective for investing opportunities. Trouble in stablecoin market could impact financial system. Senator Pat Toomey and Timothy Masad offer insights on regulation.

      Stablecoins, which are cryptocurrencies that aim to maintain a stable value, are a significant area of focus in the crypto industry due to their promise of stability and their role as a bridge between traditional finance and crypto. Principal Asset Management, a real estate manager, emphasizes the importance of a 360-degree perspective in identifying investing opportunities, and this perspective is crucial when it comes to stablecoin regulation. Stablecoins build up reserves of financial assets and promise stability, making them easier to regulate compared to other crypto tokens. However, if trouble arises in the stablecoin market, it could potentially impact the financial system more broadly. Senator Pat Toomey and Timothy Masad, a research fellow at the Harvard Kennedy School and former chairman of the CFTC, offer interesting perspectives on regulating stablecoins. While the Stablecoin bill is going through congress, Masad suggests alternative ways to regulate stablecoins. Overall, stablecoins are a key area of attention due to their potential impact on the financial system and their promise of stability.

    • Regulatory Scrutiny of Stablecoins: A Response to DisruptionRegulatory bodies are intensely scrutinizing stablecoins due to their potential to disrupt traditional financial systems, with ongoing discussions aiming to establish a more robust regulatory framework.

      Stablecoins, a growing financial technology, have garnered significant regulatory scrutiny due to their rapid expansion and potential to disrupt traditional financial systems. This interest was catalyzed by Facebook's proposed digital currency Libra in 2018, which raised concerns of sovereign currency displacement and prompted central banks to accelerate their research on central bank digital currencies (CBDCs). Stablecoins are primarily seen as payment mechanisms, and the current regulation, which is light-touch and originated with money transmitter laws, is deemed inadequate. The ongoing discussion around stablecoin regulation aims to address these concerns and establish a more robust framework for this emerging technology.

    • Ensuring Stability in Stablecoins: More Than Just Capital RequirementsA comprehensive framework is needed for stablecoins, including prudential regulation and a resolution mechanism, to ensure they are fully reserved, have good oversight, and address operational risks, preventing holders from facing long delays in getting their money back if a stablecoin collapses.

      While current regulations require minimum capital and anti-money laundering rules for money service businesses, including stablecoin issuers, these measures are not sufficient. A comprehensive framework is needed to ensure stablecoins are fully reserved, have good resolution and oversight, and address operational risks. The absence of a resolution framework means that if a stablecoin were to collapse, holders would be treated as unsecured creditors and face long delays in getting their money back. The second component of stability, the mechanism that keeps the value consistent, also needs attention, as some of these mechanisms may be thinly capitalized and could leave investors vulnerable. A more comprehensive approach, including prudential regulation and a resolution framework, is necessary to mitigate these risks.

    • Proposing a 'national trust bank' for stablecoin oversightAuthors suggest creating a regulatory framework using existing bodies to oversee stablecoin issuers, ensuring operational resilience and consumer protection until comprehensive legislation is passed.

      While comprehensive legislation for regulating cryptocurrencies, particularly stablecoins, is desirable, it may not be immediate. Therefore, the authors propose using existing regulatory frameworks to create a "national trust bank" for stablecoin issuers, which would allow for oversight, audits, and standards on operational resilience and consumer protection. This would require cooperation among various financial regulators, including the Office of the Comptroller of the Currency, the Federal Reserve, the FDIC, the SEC, and the CFTC. The proposed framework could be implemented administratively, providing a potential solution until legislation is passed.

    • Regulation of Stablecoin Issuers by Banks: Benefits and ChallengesRegulating stablecoin issuers under banks could offer benefits in payments competition, but stablecoin issuers may object to increased regulations and potential competition limitations.

      The integration of stablecoin issuers under the regulatory umbrella of banks could be a contentious issue. Stablecoin issuers might object to the increased regulations and potential limitation of competition. However, banks could see benefits in maintaining their competitive edge in payments, especially with rising interest rates. The broader question at hand is whether banking functions, including credit creation and money issuance, should be unbundled and opened up to non-banking entities. A report from the Treasury Department, titled "The Future of Money and Payments," will provide insights on this matter. The main objections from stablecoin issuers include their narrower business model and potential competition limitations. Regulators will need to balance flexibility and customization for these entities while addressing their concerns.

    • Considering Societal Implications and Regulation for Stablecoins and Digital CurrenciesRegulation is crucial for ensuring financial stability, consumer protection, and transparency in the use of stablecoins and digital currencies. The failure of some projects and challenges for non-bank companies entering the banking sector underscore the need for a clear regulatory framework.

      While stablecoins and digital currencies may offer potential advantages in terms of efficiency and speed for some individuals and businesses, it's essential to consider the societal implications and the role of regulation in ensuring financial stability, consumer protection, and transparency. The failure of projects like Libra and the challenges faced by non-bank companies looking to enter the banking sector highlight the need for a clear regulatory framework that allows for innovation while addressing potential risks. Ultimately, the market may determine the long-term utility of these digital currencies, but it's the government's responsibility to create a regulatory environment that fosters innovation and protects consumers.

    • Proposed regulations prevent commercial entities from issuing stablecoins due to banking and commerce separationThe regulations aim to prevent concentration of power and maintain financial stability by barring large commercial firms from issuing stablecoins due to the separation between banking and commerce established by the bank holding company act.

      The proposed regulations for stablecoins would prevent large commercial entities like Amazon from issuing stablecoins due to the separation between banking and commerce established by the bank holding company act. This separation is important to prevent the concentration of power that could result from a major commercial firm engaging in financial services and payments. While stablecoins and other payment providers like Venmo or PayPal may seem similar, they are different from a business model standpoint because stablecoins are not connected to the banking system. The regulations also do not provide deposit insurance for stablecoins, as this would enable stablecoin providers to create money and credit, which is a privilege currently limited to banks.

    • Stablecoin issuers should focus on being a payment vehicle and hold cash and treasuriesStablecoin issuers should avoid creating credit, focus on cash and treasuries, and consider operational risks of public blockchains. Regulatory assessment of risks on associated blockchains is crucial.

      Stablecoin issuers should not be creating credit and should focus on being a payment vehicle. They should hold cash and high-quality liquid assets, such as treasuries, to ensure user funds are safe. Regulators should consider the operational risks of public blockchains, as stablecoin issuers are often present on multiple chains. The fact that funds are held in FDIC-insured banks does not necessarily protect users in bankruptcy situations. Regarding investment restrictions, stablecoin issuers should primarily hold cash and treasuries, excluding commercial paper and other risky assets. The recent Voyager bankruptcy serves as an example of how holding funds in FDIC-insured banks does not necessarily benefit users in such situations. From a regulatory standpoint, it's crucial to assess the risks associated with the blockchains stablecoin issuers operate on.

    • Regulatory uncertainty for stablecoins due to blockchain risksRegulators are considering imposing standards on stablecoin issuers regarding blockchains they support and freezing tokens in certain situations, while stablecoin issuers seek clarity on regulations and grow in size

      Stablecoins, a rapidly growing market segment, are facing regulatory uncertainty due to operational risks associated with blockchains. Regulators are still figuring out how to address these risks, which could involve imposing standards on stablecoin issuers regarding which blockchains they support and requiring the ability to freeze tokens in certain situations. Stablecoin issuers are eager for clarity on regulations but are also still trying to understand the space themselves. Despite their current small size compared to traditional financial systems, stablecoins are growing and could potentially incorporate abroad, making it important for regulators to act.

    • Regulating Crypto Tokens: The Complexity Beyond StablecoinsThe regulation of crypto tokens, especially those not classified as securities or commodities, presents a complex issue due to the current gap in federal law. Proposed solutions include the creation of a Self-Regulatory Organization (SRO) to establish standards for the crypto market and ensure transparency, conflicts of interest, and order execution rules.

      Stablecoin regulation may seem simpler compared to crypto token regulation due to the former's apparent straightforwardness. However, the complexity increases significantly when considering how to regulate tokens that aren't securities or commodities. Currently, there is a gap in federal law regarding the regulation of crypto token trading and distribution. Additionally, determining whether a token is a security or a commodity remains a contentious issue. One proposed solution is the creation of a Self-Regulatory Organization (SRO) for the trading of all crypto assets, with regulatory agencies overseeing and appointing members and approving rules. This approach could help set standards for the crypto market, addressing issues such as lack of transparency, conflicts of interest, and the absence of order execution rules. The success of this approach relies on the regulatory agencies maintaining a strong presence to ensure the SRO operates effectively.

    • Regulating Decentralized Finance: Importance of Collaboration and StandardizationThe need for regulation and standardization in DeFi to ensure security, transparency, and fair competition is emphasized. Exchanges and other actors are encouraged to join a new interagency organization to establish rules. Stablecoins' potential in deepening US dollar's global reach is discussed.

      There's a need for standardization and regulation in the decentralized finance (DeFi) sector to ensure security, transparency, and fair competition. The current situation relies heavily on intermediaries, but as technology advances, there's a potential for unbundling credit creation and payment services. Tim Massad suggested that exchanges and other actors should be encouraged to join a new interagency organization to establish rules that apply to DeFi platforms, preventing regulatory disadvantages for institutions. This conversation also highlighted the potential of stablecoins in deepening the US dollar's global reach and the political interest they've garnered. Overall, the discussion emphasized the importance of collaboration and regulation in the rapidly evolving crypto and DeFi space.

    • Bloomberg Launches New Podcast 'Money Stuff'Bloomberg introduces a new podcast, Money Stuff, based on Matt Levine's Wall Street newsletter, available every Friday on major podcast platforms.

      Bloomberg is launching a new podcast called Money Stuff, hosted by Matt Levine and Katie Greifeld. This podcast is based on Matt's popular Wall Street finance newsletter and will be released every Friday. Listeners can tune in on Apple Podcasts, Spotify, or wherever they get their podcasts. The podcast aims to bring the insights and analysis from the Money Stuff newsletter to a wider audience. Joe Weisenthal and Tracy Alloway, co-hosts of the Odd Lots podcast, expressed their excitement about the new podcast and encouraged listeners to check it out.

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    The Current State of DeFi
    Panel: Vance Spencer, Santiago Santos, and Spencer Noon

    It feels like we're living out a crucial moment in the story of Decentralized Finance. A variety of perspectives will collectively yield that we are at a tipping point, from a macro and micro standpoint. As we witness the emergence of a new technological ecosystem, the stakes and implications are ever increasing. Thus it only makes sense to bring on a panel of some of DeFi's smartest minds to hold a summit on where we are and where we're heading.

    This panel comprised of Santiago Santos of Parafi Capital, Vance Spencer of Framework Ventures, and Spencer Noon of the Variant Fund. In broad terms, DeFi refers to open, blockchain-based finance. The root of this stack consists of primitive financial services – the money verbs like borrowing, lending, trading, escrow, etc. It involves programming smart contracts to execute logic that transfers value on the blockchain. Within these parameters, there is infinite expressivity and room to explore.

    The internet of value has set itself up to be a game of optimizing capital efficiency through logic. The winners of this game will be the protocols, apps, individuals, and institutions that minimize counterparty risk while maximizing anti-fragility and resilience. The key here is finding ways to balance the values of consumer agency and protection with the power of capital efficiency. Maximalism and absolutes will be pushed to the margin as the realities of tradeoffs become increasingly apparent.

    DeFi, despite its youth, has shown itself to be resilient and deeply anti-fragile. Good logic doesn't break. As it matures, the growth and depth of DeFi infrastructure will demonstrably contribute to its Lindy effect. The total addressable market (TAM) of this ecosystem difficult to quantify, as it is a non-zero game that currently encapsulates the entire global economy at present. Conversations like these should leave an informed viewer feeling optimistic, inspired, and determined to face the obstacles ahead with resolve and conviction.

    ------
    Resources:

    Vance on Twitter:
    https://twitter.com/pythianism?s=20 

    Santiago on Twitter:
    https://twitter.com/santiagoroel?s=20 

    Spencer on Twitter:
    https://twitter.com/spencernoon?s=20 

    ------
    Topics Covered:

    0:00 Intro
    4:00 Santiago, Vance, and Spencer
    5:40 What is DeFi?
    12:01 Can't Be Evil
    17:10 Total Addressable Market
    20:39 DeFi Eating the World
    24:50 Capitulating Institutions
    31:26 Regulatory Winter
    34:39 Stablecoins and Yield
    44:36 El Salvador & Usability
    49:30 Uniswap V3
    57:51 Layer 2 Madness
    1:05:21 Being About That Life
    1:09:10 Closing & Disclaimers

    -----
    Not financial or tax advice. This channel is strictly educational and is not investment advice or a solicitation to buy or sell any assets or to make any financial decisions. This video is not tax advice. Talk to your accountant. Do your own research.

    Disclosure. From time-to-time I may add links in this newsletter to products I use. I may receive commission if you make a purchase through one of these links. Additionally, the Bankless writers hold crypto assets. See our investment disclosures here:
    https://newsletter.banklesshq.com/p/bankless-disclosures 

    ROLLUP: 5th Week of December

    ROLLUP: 5th Week of December

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    ROLLUP: 5th Week of December

    MARKET

    BTC Price
    - Almost 29k!

    ETH Price
    - Just hit 750!
    - 50% away from ATH price

    Blow off tops coming??
    We are very far away from the 20 week MA!

    TVL in DeFi
    - Up from 14B to 14.4B

    DPI 
    - Up from $108 to $117

    2.2M ETH in ETH 2, $1.65B

    Futures value Coinbase at $50B
    https://ftx.com/trade/CBSE/USD

    ____

    RELEASES

    1INCH token released
    https://1inch-exchange.medium.com/1inch-token-is-released-e69ad69cf3ee

    Haseeb’s take on Stablecoins

    https://medium.com/dragonfly-research/fighting-to-be-stable-the-evolution-of-stablecoins-aca81fb432f9

    DeFi events of the year graphic

    https://www.theblockcrypto.com/linked/89271/here-are-some-of-the-biggest-defi-events-in-2020

    Opyn V2
    https://medium.com/opyn/opyn-v2-is-live-11347240b46e

    YAM rebasing DISABLED

    https://twitter.com/YamFinance/status/1343966274095902720

    YAM released Degenerative Finance on UMA

    https://medium.com/yam-finance/degenerative-finance-ugas-explained-458bedbc2f17

    - YAM acting as a good DAO!

    Primitive is Live on Mainnet
    https://primitivefinance.medium.com/primitive-is-live-on-mainnet-2261c5b098c5

    ____

    NEWS

    New SEC Chairman appointed: Elad Roisman https://u.today/breaking-new-pro-crypto-sec-chairman-appointed
    “Known as one of the most crypto-friendly SEC commissioners. A vocal supporter!

    The fact that Roisman is at the helm of the SEC also significantly boosts the chances of a Bitcoin-tied exchange-traded fund (ETF) being approved in the coming years. 

    Mnuchin wants onchain KYC for all ETH wallets that have stablecoins in them
    https://twitter.com/jchervinsky/status/1341864829171228676?s=20 

    Comment window period open on the FinCEN proposal to extend KYC to non-custodial wallets
    https://twitter.com/jchervinsky/status/1341847200209530883?s=20

    Etoro IPO rumors
    https://cointelegraph.com/news/crypto-friendly-trading-firm-etoro-rumored-to-be-prepping-for-2021-ipo

    Coinbase Delists XRP
    https://twitter.com/coinbase/status/1343685626001039360?s=20

    Also Binance US
    https://twitter.com/binanceus/status/1344372892205608961?s=21

    Also Bittrex
    https://twitter.com/BittrexExchange/status/1344056304617177089

    Also trading desks
    https://www.theblockcrypto.com/linked/89083/jump-trading-galaxy-xrp-market-making

    ____

    Cover Protocol Exploit

    https://coverprotocol.medium.com/12-28-post-mortem-34c5f9f718d4

    https://twitter.com/CoverProtocol/status/1343581331448586245

    https://etherscan.io/tx/0xc2fd5094c1e108f83222a86bd46b35fc0da35616385d681964b22003643f982e
    ____

    TAKES

    Uniswap means you can't be delisted (sorry XRP)
    https://twitter.com/RyanSAdams/status/1343740028766347265?s=20

    DC
    https://twitter.com/iamDCinvestor/status/1344138701757153281?s=20

    Can’t delist on Uniswap
    https://twitter.com/RyanSAdams/status/1343740028766347265?s=20

    Ethereum is the TAM
    https://twitter.com/panekkkk/status/1343269535919562753?s=20

    Ethereum doesn’t marginalize
    https://twitter.com/evabeylin/status/1341793825962958848?s=20

    Degens are funding Open Source
    https://www.coindesk.com/defi-degens-funding-next-wave-open-source

    Ethereum is the last bastion for Yield
    https://twitter.com/TrustlessState/status/1344378165414617088?s=20
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    Not financial or tax advice. This channel is strictly educational and is not investment advice or a solicitation to buy or sell any assets or to make any financial decisions. This video is not tax advice. Talk to your accountant. Do your own research.

    Disclosure. From time-to-time we may add links in this channel to products we use. We may receive commission if you make a purchase through one of these links. We'll always disclose when this is the case

    ROLLUP: First Week of December

    ROLLUP: First Week of December

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    ------

    BTC Price
    - Hit ATH
    - BTC on Ethereum down 3,300 BTC from 151,700 to 147,400!

    ETH Price

    - Extremely volatile lately!
    - Bouncing between $570 and $620
    - Currently $615
    - David thinks its launch time, any minute now

    Is $ETH Bitcoin in 2015? https://twitter.com/IamCryptoWolf/status/1333720041553088515?s=20
    ETH p/s is 86!!! Lower than Zoom

    TVL in DeFi
    - $14.1B to $14.7B
    - $DPI: $108 to $116.30

    Stablecoins

    - $20B of them

    https://twitter.com/lawmaster/status/1334124165033549826?s=20
    https://www.coindesk.com/stablecoins-asset-value-20-billion

    DeFi Lending ATH
    - $7.6B in November, up 88% since October
    https://twitter.com/lawmaster/status/1334124188421009408/photo/1

    RELEASES

    The first block of Ethereum 2.0 was mined!
    https://beaconscan.com/slot/1

    Ether Capital prospectus 
    https://drive.google.com/file/d/1sZb6mMlRoGl6UZNf7rzNadUdL76vnY-J/view
    - A really good read for understanding how publicly traded companies speak about ETH and Ethereum
    - Ether capital running a staking node
    https://www.businesswire.com/news/home/20201201005696/en/Ether-Capital-Corporation-Announces-Initial-Commitment-to-Staking-on-Ethereum-2.0

    Centralized Staking-as-a-Service providers are flocking

    - Coinbase
    https://blog.coinbase.com/ethereum-2-0-staking-rewards-are-coming-soon-to-coinbase-a25d8ac622d5?gi=8a516790f190

    - Binance
    https://twitter.com/binance/status/1333762624731930627?s=20
    2x rewards??

    Tim Roughgarden EIP1559 report
    http://timroughgarden.org/papers/eip1559.pdf
     - Highly anticipated, long-awaited, in-depth academic report on EIP1559
    - Take off all remaining breaks on EIP1559
    https://twitter.com/nicksdjohnson/status/1334261078692306944?s=20

    Vitalik comprehensive Ethereum roadmap
    https://twitter.com/vitalikbuterin/status/1333922620857745408?s=21

    Aave V2 is on Mainnet
    https://medium.com/aave/the-aave-protocol-v2-f06f299cee04

    Loopring built an AMM on it’s zkRollups L2
    https://medium.com/loopring-protocol/looprings-zkrollup-amm-is-live-2f8251cd0fcd
    - Looks like Uniswap, but acts like Loopring

    Fireblocks
    https://www.fireblocks.com/blog/fireblocks-defi-for-institutional-trading-lending-and-staking/

    - Institutional bridge for yield in DeFi?

    Gnosis Safe introduces spending limits
    https://blog.gnosis.pm/gnosis-safe-spending-limits-f05b775d06b3
    - One more step in replicating the legacy experience with crypto-infrastructure

    Track Whale traders on Uniswap
    https://www.uniwhales.io/

    Staking Liquidity services cropping up
    https://www.stafi.io/
    https://lido.fi/
    - Sign of things to come!

    NEWS

    ETH 2 in the mainstream news
    https://www.cnbc.com/2020/12/01/ethereum-2point0-eth-cryptocurrencys-network-starts-a-major-upgrade.html

    Visa Partners with Circle / USDC to get USDC to run through the Visa network
    https://www.forbes.com/sites/michaeldelcastillo/2020/12/02/visa-partners-with-ethereum-digital-dollar-startup-that-raised-271-million/amp/?sh=2857044f4b1f&__twitter_impression=true

    S&P index for crypto:
    https://twitter.com/RyanSAdams/status/1334499320838631424?s=20

    Bad Governance:

    Rashida Tlaib introduces legislation around stablecoins and banking
    https://tlaib.house.gov/media/press-releases/tlaib-garcia-and-lynch-stableact

    Good Governance:

    Canada accelerating digital currency plans
    https://decrypt.co/50213/bank-of-canada-digital-currency-pandemic

    Libra rebrands to Diem ahead of 2021 launch 
    https://www.coindesk.com/libra-diem-rebrand

    China has seized over $4.2B from the PlusToken Ponzi https://www.theblockcrypto.com/post/85873/china-seize-billion-cryptos-from-plustoken-crackdown

    194,775 BTC - $3.3B
    833,083 ETH - $435M

    Oracle failure leads to $88M in liquidations in Compound

    https://www.theblockcrypto.com/post/85850/dai-compound-dydx-liquidations-defi

    - DAI price spiked to $1.30 on Coinbase, which Compound uses as an oracle.
    - 124 unique accounts got liquidated
    - It is worth noting that such massive liquidations at Compound have occurred for the first time.

    More Ethereum nodes than Bitcoin nodes

    https://twitter.com/etherchain_org/status/1333173744089640960?s=20
    - Bitcoin = 10,981
    - Ethereum = 11,137

    Venezualean government continues to leverage Bitcoin out of necessity

    https://cointelegraph.com/news/venezuelan-army-starts-mining-bitcoin-to-make-ends-meet

    - Making revenue via Bitcoin mining

    Tokenizing Real World Assets | Robert Leshner

    Tokenizing Real World Assets | Robert Leshner

    Can we Tokenize the World? Robert Leshner, creator of Compound and one of the forefathers of DeFi, is on a mission to do so.

    With his new company Superstate, new product, tokenized t-bills and new location, New York city. Robert is trying to bring $300 trillion in TradFI assets on-chain.

    ------
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    ------
    TIMESTAMPS

    00:00 Intro
    4:27 Tokenization History
    9:46 RWA Problem Statement
    14:04 Opening the Door
    26:37 Securities Laws
    31:50 Tokenizing Treasuries
    39:06 Superstate
    46:57 Regulatory Constraints
    56:01 The Future of RWAs
    1:00:36 Pitching TradFi
    1:05:13 2030 Prediction
    1:06:57 Closing & Disclaimers

    ------
    RESOURCES

    Robert Leshner
    https://twitter.com/rleshner  

    Superstate
    https://superstate.co/  

    Superstate - USTB Fund
    https://superstate.co/ustb  

    ------
    Not financial or tax advice. This channel is strictly educational and is not investment advice or a solicitation to buy or sell any assets or to make any financial decisions. This video is not tax advice. Talk to your accountant. Do your own research.

    Disclosure. From time-to-time I may add links in this newsletter to products I use. I may receive commission if you make a purchase through one of these links. Additionally, the Bankless writers hold crypto assets.

    See our investment disclosures here:
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