12/11/2022
According to Coinbase CEO Brian Armstrong, crypto markets require regulation to avoid more washouts like FTX.
IMPORTANT NOTES
According to Coinbase CEO Brian Armstrong, crypto regulation in the United States has been difficult to navigate, and regulators have so far failed to provide a workable framework for how these services can be offered in a safe, transparent manner.
This encourages crypto operations to establish themselves outside of the United States, where regulation and enforcement are frequently lax.
FTX, until recently one of the world's largest crypto exchanges, declared bankruptcy on Friday after revelations about its business practices resulted in a surge of customer withdrawals with insufficient funds to cover those withdrawals.
Coinbase has no material exposure to FTX, but I sympathize with everyone involved in the current situation. It's stressful in our industry any time there's the possibility of customer loss, and a lot of people are losing a lot of money as a result of FTX's problems.
It's also critical to understand why this happened — and what needs to change to prevent something like it from happening again.
The failure of FTX appears to be the result of risky, unethical business practices, such as conflicts of interest between closely related entities and decisions to lend customer assets without permission. These activities occur in traditional financial markets as well, and blockchain technology will make them easier to track and prosecute in the future.
Following this week's events, there are already calls for more regulation of the cryptocurrency industry, with tighter restrictions on access and innovation. The issue is that, thus far, US regulators have refused to provide clear, sensible crypto regulations that would protect retail investor.
It's also critical to understand why this happened — and what needs to change if we want to avoid it in the future. Crypto regulation in the United States has been difficult to navigate, and regulators have so far failed to provide a workable framework for how these services can be offered in a safe, transparent manner. This means that many crypto-based financial products, such as lending, margin trading, short selling, and other tools that are fully legal and regulated in traditional financial markets, are effectively prohibited in the United States. Entrepreneurial teams developing new decentralized products are hesitant to build outside of the United States for fear of being sued. They don't want to break the rules, and they don't know what the rules are right now.
Resulting in American consumers and advanced traders are active with risky, offshore platforms outside the jurisdiction — and protection — of U.S. regulators. Today, more than 95% of crypto trading is happening in overseas cyrpto exchanges.
FTX was able to do so in part because it is based in the Bahamas, a tiny island country with little regulatory oversight and ability to oversee financial services businesses. Did regulators compel FTX to behave in this manner? No. They did, however, create a situation in which FTX could take dangerous risks with no consequences.
Instead of establishing clear guidelines for crypto, US regulators have focused on regulation by enforcement, pursuing US-based companies for not following the rules without first defining those rules. Coinbase was accused of listing unregistered securities earlier this year by the SEC, which we strongly deny. It's bad for American competitiveness and bad for Americans who lose money when foreign firms fail.
All of this helps to explain why more stringent regulation would exacerbate the problem of crypto companies and users moving overseas. Instead, we need smarter regulation that protects consumers while also making the United States more appealing to crypto companies.
Despite the widespread belief that crypto companies do not want to be regulated, many, if not the majority, have been collaborating with policymakers for years. Those of us who care about the future of cryptocurrency want to see sensible regulation for centralized exchanges and custodians in the United States and other parts of the world.
Over the long-term, the crypto industry has an opportunity to build a better system utilizing decentralized finance and self-custodial wallets that don't rely depend on third parties such as exchanges. Instead, customers will be able to trust code and algorithms, and everything can be publicly audited in blockchain. Until that day , regulators must be establish clear rules that bring crypto back on-shore, encourage innovation, and protect consumers.
The United States has always taken pride in being at the forefront of new technologies and industries. Crypto's time has come, with over 200 million global crypto users and countries beginning to pilot digital currency programs and accept bitcoin as legal tender.
The United States now has a choice: lead by providing clear, business-friendly regulation, or risk losing a key driver of innovation and economic equality.
Coinbase's CEO and Cofounder is Brian Armstrong.