Dr. Emin Gün Sirer testifies before the US House of Representatives Financial Services Committee

The Owl
By and The Owl
Dr. Emin Gün Sirer testifies before the US House of Representatives Financial Services Committee

Dr Emin Gun Sirer, Founder & CEO of Ava Labs, testified on 13 June 2023 before the US House of Representatives, House Financial Services Committee on Fostering responsible growth of blockchain technology.

Watch his 5 minute introductory speech below.

Ahead of his appearance, the Committee published his written testimony which can be read in full below or here

Fostering Responsible Growth Of Blockchain Technology

Testimony of Dr. Emin Gün Sirer Founder & CEO, Ava Labs, Inc.

Before the United States House of Representatives, House Financial Services Committee

Chairman McHenry, Ranking Member Waters, and Members of the Committee.

It is an honor to be here with you today. I thank you for the opportunity to appear before you as a computer scientist to discuss blockchain technology, its innovative uses, why it is impactful to the economy, and how to understand the use cases that blockchain will support. With an understanding of these key concepts, it is possible to develop sensible regulatory frameworks and ensure the technology will thrive in the United States.

There have been several testimonies before this Committee regarding blockchain, but they have been primarily provided by lawyers and business people. To that end, I hope this testimony will provide a helpful overview of blockchain and tokenization from a technology and computer science perspective. I will focus on blockchain’s ability to transform society by making digital services more efficient, reliable and accessible to all.

The collective goal is that the United States should seek to enable the free, safe, and responsible proliferation of blockchain technologies and their many applications so that, as a country, the United States and its citizens can benefit greatly from the economic growth that blockchain technologies will enable.

My Background

I am the founder and CEO of Ava Labs, a software company founded in 2018 that is headquartered in Brooklyn, New York, whose mission is to digitize the world’s assets. Ava Labs is a software company that builds and helps implement technologies on the Avalanche public blockchain and other blockchain ecosystems. We have developed some of the most significant recent technological innovations in blockchain, including the biggest breakthrough in consensus protocols following Bitcoin. Before founding Ava Labs, I was a professor of computer science at Cornell for almost 20 years, advancing the science of blockchains with a focus on improving their scalability, performance, and security. During that time, I consulted with various U.S. government agencies and departments on a range of topics. I have made fundamental contributions to several areas of computer science, including distributed systems, operating systems, and networking, with dozens of peer-reviewed articles (among other things, I am one of the most cited authors in the blockchain space after Satoshi Nakamoto). I hold a National Science Foundation CAREER award and previously served on the DARPA ISAT Committee. I serve as a member of the Commodity Futures Trading Commission’s Technology Advisory Committee. But I am perhaps most proud of having helped write a parody of the blockchain space with John Oliver.

The Big Picture

We are living through a period of unprecedented technological progress and transformation. The computer revolution set this trend in motion, initially with mainframes and later with personal computers. However, these early systems were limited by their "stand-alone architecture," capable only of processing local data and executing local computations. Although they made existing tasks more efficient, they failed to create a multiplier effect due to their lack of network connectivity. 

The emergence of the internet and, subsequently, world wide web marked a pivotal shift from isolated, local computing to global-scale computing. Architecturally, we transitioned from standalone computers to a "client-server architecture," which enabled us to connect to remote services operated by others to leverage their programs and capabilities. This new paradigm gave rise to digital services that catered to the entire world, created millions of jobs, and solidified the U.S.'s position as a global economic leader.

Blockchains represent the next phase in the evolution of networked computer systems. Whereas the client-server systems that power the web today rely on point-to-point technologies to connect clients to servers, blockchains facilitate many-to-many communication over a shared ledger. This allows multiple computers to collaborate, achieve consensus, and act in unison. Blockchain technologies allow us to build shared services in the network. In turn, this enables the development of unique, secure digital assets, more efficient financial services systems, tamper-proof supply chain tracking, digital identity solutions, and transparent voting systems, among many other innovative applications. By harnessing the power of blockchain technology and the digital uniqueness it allows us to create, we can redefine trust, ownership, commerce, recreation, and communications, ultimately transforming how we interact with digital systems and each other.

The implications of this breakthrough are far-reaching. Blockchain technology allows us to create systems that reduce costs, increase efficiencies, and gain more control over our digital lives and the virtual world. Additionally, we can establish new kinds of 2 marketplaces, novel digital goods, and services that empower individuals and communities to foster economic growth and social impact.

The advancements from blockchain technology will result in leaps forward, just like the internet itself, because they will improve the internet itself. This technology creates a new kind of public good, namely, a shared ledger that can be purposed for a wide range of applications. As we enter the era of customizable blockchains and smart contracts, the fine-tuning of this software will further enhance and improve what the technology delivers today while empowering compliance with relevant regulations.

Blockchains and Smart Contracts: Impact Across Applications

Blockchains solve a long-standing challenge in computer science: enabling a diverse set of computers worldwide to reach consensus (agreement) on a piece of data and the larger dataset to which it belongs. While it may appear obscure at first glance, this is a crucial building block for solving complex problems that traditional internet systems struggle to address, such as creating digitally unique assets, tracking their ownership, and safely executing business and other processes. In doing so, this technology does not have to rely on humans or intermediaries for its security properties; in fact, it typically provides strong integrity guarantees even in the presence of (partial) system failures.

Let me be clear: this ability to leverage distributed or decentralized networks is a desirable goal for many reasons that have nothing to do with securities laws, financial services regulation, or the laws and rules governing other areas of commerce, recreation, and communications. Distributed networks are more resilient, secure, auditable, and available for builders. Blockchain builders did not set out to develop the technology to evade laws and rules. We set out to solve computer science problems.

The potential applications for blockchain technology are vast and varied in contrast to the client-server model where many functions are expensive or impossible. Below, I will discuss just some of the key applications and innovations blockchains enable.

Blockchains are evolving rapidly

Blockchain technology has evolved rapidly in the 14 years since Satoshi Nakamoto introduced Bitcoin to the world. The Bitcoin blockchain pioneered a consensus mechanism – the way that the data is agreed upon by participating computers – popularly and inaccurately known as "proof-of-work." Bitcoin has demonstrated to the world that public, permissionless blockchains are possible. The topic of consensus was known in computer science literature as "byzantine fault tolerance" and research into creating such systems had been funded by the National Science Foundation and DARPA, and involved hundreds of academics, myself included, for multiple decades. Bitcoin solved the problem and proved to the world that this technology could create and maintain a digital asset, as well as establish and transfer ownership over it. Bitcoin has remained up and accessible, even as it weathered numerous attacks throughout its 14 years, without a central authority or controller maintaining its health. In contrast, even the best client-server services built by Microsoft, Google, Amazon, and Facebook have experienced numerous outages during the same timeframe.

Computer scientists did not stop there. Subsequent blockchain technologies have expanded this core functionality. Most notably, Ethereum introduced the concept of smart contracts, self-executing programs encoded on blockchains. Smart contracts can facilitate all manner of applications, including currently popular ones like peer-to-peer lending, social networks, digital collectibles such as NFTs and gaming skins, and the tokenization of real-world (traditional) assets on a single chain governed by a uniform set of rules.

The latest breakthrough in blockchain architecture is known as multichain blockchains. In these systems, developers can create chains with custom rule sets, execution environments, and governance regimes tailored to their needs. Not only does this level of customization unlock use cases previously not possible on blockchains with single rule sets, but it also isolates traffic and data into environments purpose-built for a task or application. Examples of these systems include Avalanche and Cosmos, which enable the creation of specialized blockchains, sometimes referred to as subnets or app-chains, that can be compliant by design.

For instance, SK Planet, a company in South Korea, recently created a specialized blockchain on Avalanche that onboarded more than 58,000 fully identified customers in its first few days. Additionally, Ava Labs is working with Wall Street firms to create a specialized institutional blockchain. With a multichain architecture, operators have complete control over who can access the chain, who secures it, what token, if any, is used for transaction fees, and more.

There is a general trend here. Blockchain technology is evolving rapidly and naturally progressing towards making itself more flexible and secure. In other words, it has been through code that many challenging issues have already been addressed.

The lesson from these developments is clear: Policymakers should enunciate clear objectives based on the particular implementation of the technology (that is, the activity it is used for), while leaving the mechanisms of achieving those objectives up to experts to determine. Because we can customize blockchain implementations, it is easier than ever to regulate the implementation rather than the technology, and achieve neutrality of regulation.

Regulation in The Token World

Blockchains are technologies that allow us to build resilient and fault-tolerant applications. They are, in effect, openly programmable platforms that their users can interact with as if they are a public commons. This powerful construct naturally gives rise to many different kinds of applications and, consequently, tokenization, the creation of digital representations of bundles of rights, assets, and other things.

All tokens are not equivalent in their implementation or function – they must be treated differently according to their essential nature. Tokens cannot simply be lumped together under a single set of regulations because they vary so widely in function and features. A good analogy is paper; we regulate the bundle of rights, assets, or things created by the words, numbers and pictures on the page.

Types of tokens include but are not limited to:

  • A real-world asset: A token can be the direct or indirect representation of a traditional asset. For example, one could tokenize land ownership such that each token corresponds to a uniquely identifiable piece of land. In many cases, real-world assets are already regulated, and their digitization into a blockchain format should not necessitate wholesale new regulation.

  • A virtual item: A token can represent a piece of digital art, a collectible, a gaming skin, and more. These can be varied in function and form as well. They can range from simple non-programmable pictures, a common use of NFTs, to complex assets, some used in games, that can encode all sorts of functions and features of the asset directly inside the asset itself.

  • Pay-for-use: Public blockchains constitute shared computing resources that must be allocated efficiently. A token is the perfect mechanism to meter resource consumption and prioritize important activities. Such tokens are sometimes known as "gas tokens." For example, BTC is the gas token of the Bitcoin blockchain, ETH for Ethereum, AVAX for Avalanche, and so on. Without gas or transaction costs, a single user or small group of users could potentially overwhelm the blockchain, similar to a denial of service attack, making the blockchain unusable.

The list above covers expansive categories...

But remains just a snapshot of what is happening and what is possible. I encourage you to review our Owl Explains educational initiative for more information. As a matter of first principles, the determination of the regulatory regime must start and end with the functionality and features of the token, not the technology used to create it. At Ava Labs, we call this sensible token classification.

Let me be clear again: Tokenization was not created to evade laws. It is the natural product of blockchain technology and an improvement that blockchains offer over traditional systems, just like computer databases were an improvement over paper filing cabinets.

In addition to sensible token classification, regulations that pertain to tokens must be devised in a manner that can be enforced at a layer that has access to the necessary information for enforcement. In the same way that we do not expect internet routers to check the verity of content sent on social media applications, we cannot impose a regulatory burden on technology layers that are unaware of the content or operations carried out on-chain. The platforms already provide features, such as lockups and transfer restrictions, that can assist in coding these limitations.

Enhancing Market Efficiency, Transparency, and Oversight

Blockchains and smart contracts can be the foundation of a more transparent and efficient financial system that enables all participants to share a level playing field. This includes regulators, who can have greater visibility than ever before into the actions and activities of all market participants. Privacy remains an important component of any system. Developing these new ways of providing and regulating financial services should incorporate personal privacy. These improvements can only come with the support and collaboration of regulators and policymakers by providing sensible laws and regulations that allow for the responsible growth of the technologies.

How has this played out in the wild? A perfect example is the trustworthiness of exchanges.

Last year saw the failure of several crypto-asset exchanges, most notably FTX. Make no mistake: these failures were not failures of blockchain technology. They were failures of traditional custodians who were supposed to secure user deposits. Not a single major decentralized exchange was affected by a similar failure. Blockchain technology is purpose-built to eliminate this reliance on centralized intermediaries, who can jeopardize user funds, market integrity, and other desired features of a well-functioning system.

In addition to on-chain custody and transacting, a more recent breakthrough known as enclaves enables new marketplaces where code severely constrains what even the owner and operator of the marketplace can do. This innovation can rule out unwanted behaviors like front-running, stop-loss hunting, and breaches of privacy that challenge market integrity. Ava Labs’s own Enclave Markets is at the forefront of this innovation, which we call fully encrypted exchanges.

Another example that points up the benefits of engaging in activities on-chain as opposed to with centralized parties comes in the lending context. Last year saw major failures of lenders and borrowers who conducted their activities off-chain, while the major on-chain lending platforms weathered the stormy markets mostly unscathed. These protocols adeptly navigated liquidations and collateral calls in rapidly falling markets, due to their reliance on over-collateralization and automated systems. While there is no panacea, the evidence so far points to the success of decentralized networks in managing stress conditions much better than centralized counterparties. These results are in line with what blockchain design predicts.

Stablecoins as the Digital Gateway for the U.S. Dollar

Stablecoins, which are predominantly denominated in United States Dollars, are expanding globally because they are a superior way of holding dollars. Stablecoins not only enhance the user experience—by increasing the velocity of capital and reducing the cost of transferring it—but also cater to a growing demand for stablecoin dollars among those facing economic uncertainty and hyperinflation in their local economies.

By transforming the dollar's capacity to retain value into an accessible product outside the U.S., stablecoins help individuals protect their life savings from fluctuations in the value of their local currencies and from being stolen by criminals and other rogue actors.

This potential can be realized with appropriate regulation, which allows for the responsible growth of stablecoins through new technologies and configurations.

Blockchains Can Accelerate Recoveries from Climate Disasters with Insurance

Consider the emerging property insurance crisis catalyzed by more frequent and extreme climate events. State Farm, the largest property insurer in California, announced it will no longer provide insurance due to the risk of wildfires. Insurers in Texas, Florida, Colorado, and Louisiana have felt the same pressure to stop provisioning insurance, increase rates, or find backstops for insolvency.

Who will communities in these states, and in the U.S. as a whole, rely on to insure their homes and economic futures? If the industry consolidates as bankruptcies hit smaller regional insurers, how will that risk be managed?

Using smart contracts and the Avalanche network, Lemonade Foundation is now providing insurance to more than 7,000 farmers who previously only had access to products with unaffordable premiums or delays in payout that had lasting, multi-season impacts. These premiums were not economically feasible for the organization due to the manually-intensive processes now condensed into a single smart contract. As another example, in 2019, the U.S. government completed the accounting for Hurricane Katrina disbursements, a full 14 years after its catastrophic impact in 2005. The delays stemmed partly from the difficulty of achieving agreement among the many stakeholders participating in this process.

In 2012, Superstorm Sandy damaged almost half a million homes and incurred roughly $50B in damages. The same gaps in insurance payouts stifled urgent recovery efforts across the East Coast. Families who had paid their premiums for years were given pennies on the dollar to rebuild their lives. By the time their lawsuits led to action and more financial payouts, the damage had been done, and scars set on these communities. Blockchain-based distributed ledgers can significantly streamline such processes, and our company is collaborating with Deloitte under a FEMA contract to develop and implement this technology.

Supply Chain and Fighting Counterfeiting

Global supply chains are facing challenges relating to the expedited demand for goods and pandemic-driven strains, including our most security-critical infrastructure. When supply chain problems hit, they can be especially problematic, and when there is fraud, the problems are exacerbated. Blockchains and smart contracts can help secure and validate supply chains for various global sectors.

Blockchains can perform supply-chain management to provide a reliable and transparent record of a product's origin and authenticity. The Tracr platform from De Beers has shown how to accomplish this for diamonds, while other deployments have addressed fields ranging from luxury goods to concert tickets. Blockchains can be vital tools to fight the counterfeiting of medical supplies, pharmaceuticals, food products, and consumer technologies that directly affect our communities and your constituents.

Upcoming Technological Improvements

While there have been highly-publicized exploits of smart contracts, the space has significantly matured since its early days, and new technologies stand poised to improve the safety of on-chain assets and applications.

The potential risks relating to smart contract-based systems have centered around flaws in implementation, such as poor coding and negligence in following best practices, rather than fundamental issues inherent to smart contracts or blockchain technology. Just as the internet software stacks were weak in the 1990s, smart contract programming tools are in their infancy.

The space has rapidly evolved to use code audits and other techniques to certify that smart contracts uphold safety standards, giving rise to a burgeoning field of software threat analysis, certification, and verification services. In addition, we are seeing the emergence of automated tools for program verification and model checking to help find bugs that human eyes cannot easily locate. These techniques operate even before programs are deployed to root out bugs before they can affect anyone.

Finally, there are new mechanisms, such as run-time integrity checks, smart contract escape hatches, and automated limits on money flows that operate in real-time to help contain the effects of any unintended errors that might pass through to production. Systems that have employed best practices, such as lending platforms and well-designed bridges, such as the ones Ava Labs has built, have seen billions of dollars pass through their contracts without compromise.

Given my background in academia and research, I am confident that the space will develop even stronger techniques for ensuring the correctness of smart contract software. One of the spillover effects of this activity will be better integrity and safety for all software, including software not related to blockchains.

Technological Competitiveness and Risk of Inaction

As we stand at the precipice of this new era, it is imperative that we nurture and support the development of this revolutionary technology. By doing so, we can unlock its full potential and ensure that the United States remains at the forefront of innovation, propelling the next generation of internet technologies and ushering in great economic growth.

Responsible actors in the blockchain space want sensible laws and regulations that incentivize growth and good behavior, punish bad actors, and elevate the users of blockchain networks. The community stands ready to provide guidance to policymakers to achieve those aims. However, without sensible frameworks and collaboration, there is a clear path to losing technological leadership to other countries.

The United States won the first wave of the internet revolution precisely because it enabled responsible freedom to innovate. The United States must follow the same path of enabling free but responsible growth of blockchain technology while carefully and intelligently classifying and regulating blockchain applications and tokens. Otherwise, there are two critical paths of failure for any regulatory framework.

First, the blockchain platforms themselves become regulated at the protocol layer. This would be the equivalent of regulating internet protocols, which would have doomed information technology and the vibrant internet we have today. Second, the tokens and smart contracts created with blockchains are lumped into homogenous and incompatible categories. This would be the equivalent of regulating a social media application like we regulate a consumer health care application. Instead, tokens and smart contracts must be analyzed case-by-case and regulated carefully based on their function and features.

As we move towards a more digitally-native world, aided by AI, virtual reality, and a work-from-home society, we will have to rely increasingly on digitally-native transfer and programmability of value. Blockchains are the clear technological answer to these needs and are definitively synergistic with the global economy. The addressable market for digitizing the world's assets and transferring value safely across the internet is greater than the sum of all the value of all existing assets. Failure to see the power of blockchain technology – whether due to a lack of understanding or misplaced fears of the technology – will have disastrous consequences. Failure to rapidly provide sensible regulatory frameworks will not only undermine economic growth but also make it easier for bad actors to conduct illicit activities.

Finally, it is essential to remember that just as there are good people committed to public service, there are also good people committed to building technologies to improve lives. By working together, we can lay the foundation for trustworthy, efficient, and self-enforcing systems that serve as the foundation for our modern economy.

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From Wild West to Foundation of Finance: The Case for Public Permissionless Blockchains

As recently as three or four  years ago, if you were a central bank,  financial institution or large enterprise wanting to experiment with blockchain technology, it would be a no-brainer to choose a private, permissioned network. Public permissionless blockchains were - and in many cases still are - viewed as a Wild West of DeFi lawlessness and NFT-driven hedonism. However, the tide is rapidly turning, and in the past couple of years we’ve seen increased interest from banks in building on public blockchain. Even the Bank for International Settlements - the ‘central bank of central banks’ - has started to run projects built on public blockchain!  In this article we’re going to explain what public permissionless blockchains are, the benefits they can bring, and some examples of how financial institutions are already building on them. We’ll then look at why so many people in both the public and private sectors  have historically been inherently against public permissionless blockchains, what’s changing in terms of both technology developments and public perception, and how the barriers previously perceived by regulators and regulated entities are being broken down. But first, let’s start with a few definitions.  What do we mean when we say "public" and "permissionless"? Public blockchains are open and accessible to anyone. Anyone can join the network, view the ledger and validate transactions, without any restrictions. In this respect, they’re fully decentralized and self-governing, and have a high degree of autonomy and resilience.  Permissionless means that there are no gatekeeping requirements associated with access to and participation in the blockchain, and nobody needs special permission in order to join, validate or develop applications on the network.   While these terms often overlap, they are not entirely synonymous. A blockchain can be public but not entirely permissionless if, for example, only authorized nodes can validate transactions (as in some ‘hybrid’ models, like Hedera). Conversely, a permissionless blockchain is typically public, as it relies on open participation to maintain its decentralized ethos. But taken together, these qualities underpin the trustless and open nature of many blockchain systems, enabling broad participation. What are some of the benefits of public permissionless blockchains? Public permissionless blockchains don’t rely  on a central authority exercising power and control to create trust between unknown counterparties. The ‘trust’ in this instance comes from the combination of decentralization, robust consensus mechanisms and economic incentives, cryptographic security, transparency and immutability of public blockchains. This decentralization eliminates single points of failure, making these networks more resilient against outages or cyberattacks. Open access allows global participation, enabling a broad range of developers and institutions to build and integrate applications, driving innovation, liquidity, and diverse use cases through composable ecosystems. Network effects also play a role. The larger and more established a blockchain's user base, the more secure and trustworthy it becomes. This is because a larger network typically has more nodes validating transactions, making attacks less feasible. Public blockchains also often rely on open-source software, allowing the best developers and security experts globally to test, audit and improve the code. This open scrutiny helps identify vulnerabilities and maintain robustness. For the blockchain community, it’s axiomatic that all this is better: safer, more reliable, more universal. Permissioned networks are still great for certain applications, particularly those in which there are a limited number of participants who all need to be on-boarded and known to each other,  implementing a very specific use case and with no need to interact with a broader range of participants or assets. But there’s an increasing recognition of the benefits that public permissionless blockchains bring for asset tokenization: distribution and liquidity, the benefits of a diverse ecosystem, and other network effects.  Why and how are regulated financial institutions starting to use public blockchain? Issue an asset on a private permissioned network and it’s available only for the use case implemented on that network, and to the participants in that network. Issue onto a public permissionless blockchain, and your tokenized asset can be accessible to any participant. It can be exchanged bilaterally between wallet-holders, picked up and integrated into decentralized exchanges or used as collateral in lending protocols.  Users can pay for them in any stablecoins available on the network, or swap them directly for other tokenized assets. It can also be composed with other tokenized assets into use cases and applications that you as an issuer might never have foreseen. It can be bridged onto other public permissionless blockchains and made available to their ecosystems. All of this distribution capability drives greater liquidity and innovation - and that’s evidenced by the growing trend towards tokenized fund issuance on public chains.  A growing recognition of these benefits - alongside all the other benefits of the technology - is fueling more experimentation and a growing cohort of live projects on public chains. Some high-profile examples include: A set of institutional players, including T. Rowe Price Associates, WisdomTree, Wellington Management, and Cumberland, partnering to tokenize assets and build trading and other applications on Avalanche Spruce.  Citi’s FX pricing and execution solution for Project Guardian. Citi’s exploration of tokenized private market funds. Membrane Finance’s launch of the first Mica-compliant Euro stablecoin.   Franklin Templeton’s tokenized money market fund, BENJI.  DTCC’s Digital Asset Launchpad sandbox, as well as its Smart NAV pilot.  JP Morgan’s Kinexys blockchain infrastructure for tokenized investments and cross-border payments.  Standard Chartered and Ant International blockchain-based settlements infrastructure.  What are the regulators’  concerns about public permissionless blockchain? Regulators often start from some assumptions that challenge the benefits or need for public permissionless blockchains. Essentially, because of the way regulation works in the traditional financial sector, this initial mistrust comes out of  how different institutions and parts of the financial, regulatory and technology ecosystems look at the world. They see the words ‘public’ and ‘permissionless’ and conflate these with a lack of control over activities that should be regulated, and an inability to apply concepts like AML and KYC to participants. There’s a clash between worldviews. Are these concerns justified? A public blockchain typically isn’t a single application. It’s a network-based technology platform on which a range of applications and protocols can be built. These protocols themselves can have on-boarding requirements. Permissioning can also be implemented at the token level, so that tokens can only be transferred in accordance with predefined requirements.  Nevertheless, public blockchains are increasingly recognizing the importance and value of supporting different permissioning mechanisms. Multichain blockchains, such as Avalanche and Cosmos, enable the creation of specialized blockchains, sometimes referred to as subnets or app-chains, that can be compliant by design. In these systems, developers can create chains with custom rule sets, execution environments, and governance regimes tailored to their needs. These custom blockchains unlock use cases previously not possible on blockchains with single rule sets, and isolate traffic and data into environments purpose-built for a given use case. They can also be natively interoperable with their mainnets and with other custom chains in the same network, enabling more of a balance to be struck between control and distribution of tokenized assets.  Why go public and permissionless? Just as we don’t try today to control who has access to the internet and who can build on it, regulators and governments don’t need to try to control public blockchains to mitigate potential risks from them. They come with significant, in-built benefits in terms of robustness, security and resilience. Additionally, public and permissionless at the blockchain technology level is not synonymous with public and permissionless at the application level, and this is where regulators should focus their attention. There are many mechanisms available to implement robust compliance at the protocol and token level, while still benefiting from the network effects of a diverse, innovative ecosystem.   As we’ve seen, there are valid use cases for both private, permissioned and public, permissionless blockchains, and both will continue to exist, and co-exist, into the future. Which one you use for your business will depend on the outcomes you wish to achieve, and how that aligns with the relative attributes of different blockchains. More and more actors both in the crypto space and traditional financial system are realising that public, permissionless blockchains can be a strong foundation for new ways of doing business.

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2025-01-28

DC Landscape as of January 28

Looking ahead, 2025 will be a pivotal year for blockchain, digital asset, and cryptocurrency-related legislative and regulatory policy across the Federal government. With Republicans now controlling both chambers of Congress and President Trump in the White House for a second term, this ‘trifecta’ will be integral in shifting the approach the United States takes towards policies impacting blockchain, cryptocurrencies, and other emerging financial technologies. Last year, the Financial Innovation and Technology of the 21st Century Act (FIT-21) was the first ever joint House Financial Services and Agriculture bill designed to bring some structure to the cryptocurrency market. It garnered bipartisan support in the House, with 71 Democrats voting for the bill, showcasing broader Democratic support for these issues. Stablecoin legislation also drew bipartisan and bicameral interest, which will continue to be a priority this Congress. Coupled by an unparalleled number of pro-digital asset candidates winning election or reelection to Congress, lawmakers will show–and already have shown a commitment to prioritizing these issues this year moving forward.  Key Figures in Congress  In Congress, the House Financial Services Committee and the Senate Banking Committee, as well as the House and Senate Agriculture Committees, are at the forefront of crafting policy surrounding digital asset regulation.  Newly appointed House Financial Services Committee Chairman French Hill (R-AR) is known for his supportive stance on cryptocurrency and blockchain technology. Rep. Hill played a key role in the drafting, development, and ultimate passage of FIT-21 and will continue to advocate for policies that promote innovation in the digital asset space while ensuring consumer protection and market stability. We also expect him to align digital asset policies with the broader GOP agenda under the Trump Administration. With such tight margins in the House this year, Democratic support for any framework will also be necessary, as with FIT-21. Democratic Members on the Financial Services Committee, including Reps. Josh Gottheimer (D-NJ), Jim Himes (D-CT), and Richie Torres (D-NY), have been forward leaning on these issues and worked with the Majority to add amendments to the bill during mark-up. Ranking Member Waters (D-CA) had worked closely with former Chairman McHenry (R-NC) on stablecoin legislation in the last Congress including a last-minute push at the end of last year. That work will continue this year with Rep. Waters staying stablecoin legislation remains a top priority for her.  With Republicans now controlling the majority in the U.S. Senate, Senate Banking Committee Chairman Tim Scott (R-SC) has already indicated he plans to move forward on digital asset issues and has created a  new subcommittee on digital assets which will be chaired by Sen. Cynthia Lummis (R-WY), a longtime cryptocurrency and digital asset supporter. Senator Sen. Elizabeth Warren (D-MA) is the new Ranking Member of the Senate Banking Committee and has been vocal about her concerns with the industry over consumer protection issues and illicit finance and the need to regulate. However, in the 119th Congress the Committee will also include several newly appointed Democrats whose approach to policies in the crypto space are expected to differ from their Ranking Member. Senator Warren has named Senator Ruben Gallego (D-AZ) to be the Ranking Member of the Digital Assets Committee, showcasing an interest in having new Members take a leadership role on an important set of issues for the Committee.   The House and Senate Agriculture Committee will also continue to be active on these issues as they were in the 118th Congress. The House Agriculture Committee, led by Chairman G.T. Thompson (R-PA), returned to his position and took a leadership role in working closely with the House Financial Services Committee on FIT-21, the first ever joint HFSC and Agriculture bill. The Committee has a new Ranking Member, Rep. Angie Craig (D-MN), who won a contested race amongst House Democrats to take over this role.  In the Senate, Sen. Boozman takes over as the Chairman of the Agriculture Committee and with the retirement of former Sen. Stabenow (D-MI), Sen. Amy Klobuchar (D-MN) takes over as Ranking Member. Both have stated publicly they plan to fully engage on these issues and to work closely with the House Agriculture Committee.  The Trump Administration: New AI/Crypto Czar and an Executive Order on Digital Assets In the White House, President Trump is taking a significantly different approach to digital assets compared to his first Administration. He has established a new position within the White House, appointing former PayPal executive David Sacks as the “AI and Crypto Czar.” This role is designed to spearhead the administration's efforts in the rapidly evolving fields of artificial intelligence and cryptocurrency. Sacks, a prominent venture capitalist and co-founder of an AI company, is expected to bring a pro-industry stance to the position, which aligns with the administration’s broader goals of fostering innovation and reducing regulatory barriers. On January 23, 2025, President Trump issued an Executive Order (EO)  focusing on digital assets, stablecoins and CBDCs, entitled “Strengthening American Leadership in Digital Financial Technology.” The EO outlines the Administration’s policies on digital assets, financial technologies, and blockchain, such as ensuring open access to public blockchain networks, fair access to banking services, and prohibits any establishment of a CBDC. Notably, the EO establishes a working group within the National Economic Council to be chaired by Sacks to propose a federal regulatory framework for digital assets focusing on market structure, oversight, consumer protection, and risk management. The appointment of Sacks coincides with other significant changes in the regulatory landscape, such as the anticipated confirmation of Paul Atkins to be Chairman of the SEC. Atkins’ predecessor, Gary Gensler, took a very aggressive ‘regulation by enforcement’ approach to emerging digital assets. This alignment suggests a concerted effort by the administration to overhaul existing policies and focus on clearer guidance to industry on how the SEC views securities in the digital assets and cryptocurrency industry. Soon after being named Acting Chair, Commissioner Mark Uyeda announced the creation of a crypto task force dedicated to developing a comprehensive and clear regulatory framework for crypto assets. Under Uyeda, the SEC has already rescinded Staff Accounting Bulletin 121, which created onerous reporting requirements on banks and crypto companies.   Legislative Focus on Blockchain and Fintech The House Financial Services Committee, under Chairman Hill’s leadership, is expected to work on policies that integrate digital assets into the broader financial system, while also potentially addressing regulatory clarity and consumer protection. Both the House Financial Services Committee and the House Agriculture Committee have indicated that they will focus on updating FIT-21, working with industry and the new Trump Administration, all of which will be a primary focus in the first six months of the year. Meanwhile, the Senate Banking Committee, led by Sen. Scott, aims to champion legislative changes that support the crypto industry's growth, addressing concerns about innovation being stifled by existing regulations. Stablecoin legislation, which had bipartisan support in the House is likely to be moved more quickly early in 2025, while efforts will continue on updating FIT-21.  The collaboration between Congress and Administration officials will be crucial in shaping a comprehensive approach to fintech and digital assets. While the legislative efforts will likely focus on creating a balanced regulatory environment that fosters innovation and includes consumer protection issues  while ensuring the stability and security of the financial system; the Administration is likely to focus on issues such as the SEC and the CFTC working in lockstep with Congress to pass a legislative and regulatory framework for digital assets that includes consumer protections and clearer “rules of the road.” This alignment and a broader focus by more Members in a bipartisan and bicameral fashion appear to showcase an optimistic 2025 for consumers and the industry.  Authors: Norma Krayem (VP & Chair, Cybersecurity, Privacy and Digital Innovation, Van Scoyoc Associates) Scott Mason (Senior Policy Advisor at Holland & Knight LLP)

Norma KrayemScott Mason
By and Norma Krayem
and Scott Mason