The Bitcoin Regulation Conundrum, Explained
Cryptocurrency is a libertarian's delight.
āFor people that are incredibly enthusiastic about markets and believe that markets should be the determining governance, crypto is the best place to be, because it is truly controlled by the market itself,ā Kris Nelson, COO of Social Reality Inc (NASDAQ: SRAX), said Tuesday on Benzingaās PreMarket Prep Bitcoin Special. āThere is no bitcoin organization. It is completely decentralized and controlled by the market.ā
Itās about community and consensus, with disagreements resulting in āforksā instead of personal compromise.
It sounds quaint, but Jim Angel, associate professor of finance at Georgetown University, considers the anarchic environment risky.
āThere are very good reasons why every country on the planet has very strong regulations over financial services,ā Angel said on the show. āSo the cyber-libertarian pipedream that, āoh, itās totally unregulated, no evil government can water it down,ā is totally ignorant of financial, economic and monetary history.ā
Regulations, he said, have a critical role in preventing fraud and ensuring solvency of the financial system, economic longevity independent of financial sector performance and functionality of payment systems.
See Also: Here Are All The Ways You Can Buy, Trade, And Invest In Bitcoin
What Could Go Wrong
Nelson concedes the potential for bitcoin price manipulation, and one of Angelās biggest concerns is easy accessibility of cryptocurrencies for nefarious use.
āRight now there are a lot of dark uses for bitcoin,ā Angel said. āThe only legitimate use cases now are basically ransomware, drugs, human trafficking. The way to clamp down on that is to make sure we have really good anti-money laundering laws and really good know-your-customer rules.ā
Joe Saluzzi, partner and cofounder of Themis Trading, also said he sees danger in bitcoin derivatives. Bitcoin now trades on a regulated futures market, and those futures could soon be packaged into regulated exchange-traded funds ā but the underlying assets will remain unregulated.
āYou have an enormous amount of problems here and an enormous amount of risk that no one is watching,ā Saluzzi said, anticipating issues as bitcoin further penetrates monitored markets.
The Chicago Board Options Exchange claims some surveillance agreements, but Saluzzi is concerned about the 100 other global exchanges that could host manipulative activity, such as āspoofingā or āwiring.ā
āThere are arbitrage opportunities,ā he said. āYou could buy on one exchange and sell on another, even though itās not as easy as it is in the equities world, and that could affect the price of the futures and the derivatives. Thatās where my problem is.ā
Difficulties In Regulating
And his fear may not be easily abated, particularly considering the proliferation and global span of exchanges. U.S. markets are monitored by the Securities and Exchange Commission, the Financial Industry Regulatory Authority, the Commodity Futures Trading Commission and the exchanges themselves, but bitcoin is harder to govern.
āYou can't have that here,ā Saluzzi said. āYou have multiple jurisdictions. Theyāre all over the world. Youāve got exchanges popping up overnight. You donāt know who these people are, whoās running it. I donāt see how you can get your arms around this ever in that sense, which is why I have a problem with the derivative of it.ā
In vindication of Saluzziās concerns, the CFTC recently released a disclaimer confessing its limited statutory authority over bitcoin and disavowing the underlying cash markets.
See Also: Why The Bitcoin Bubble Is Different From All Other Bubbles
Bitcoinās Self-Regulation
The very factors that startle Saluzzi are encouraging to Nelson. He considers the sum of global exchanges and resulting difficulty in transferring bitcoin as natural regulatory mechanisms that are particularly challenging to large-scale manipulation. Additionally, he sees futures derivatives and the pretense of regulation as stabilizing the value.
āOverall, I think these regulated institutional components coming into the bitcoin market ā so you take regulated and put it on top of something thatās unregulated ā I think itās better for the whole market, and I think itās ultimately better for bitcoin,ā Nelson said. āIt brings some stability, and what weāre seeing is the enthusiasm that legitimacy brings, and thatās a huge plus.ā
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