December 03, 2021

Gensler Skips Chance to Give Regulatory Clarity on Cryptocurrencies

Lack of Guidance for Cryptocurrencies Underscores the Need for Congress to Act

Washington, D.C. – U.S. Senate Banking Committee Ranking Member Toomey (R-Pa.) today expressed disappointment in Securities and Enforcement Commission (SEC) Chairman Gary Gensler’s responses to the Senator’s request for public guidance surrounding emerging technologies like cryptocurrencies.


“For investors to benefit from a fair and competitive marketplace, federal agencies should answer questions about whether – and if so, how – new and emerging technologies fit under existing regulations,” said Senator Toomey. “Chairman Gensler’s failure to provide clear rules of the road for cryptocurrencies underscores the need for Congress to act.”


During a Senate Banking Committee hearing with Chairman Gensler in September, Senator Toomey raised concerns over the SEC’s regulation-by-enforcement approach to cryptocurrencies. Shortly thereafter, Ranking Member Toomey followed up by formally requesting Chairman Gensler answers detailed questions on the SEC’s regulation of cryptocurrencies to give clarity to Congress, industry, and investors.


Chairman Gensler’s responses did not answer which cryptocurrencies the SEC views as securities and which it views as commodities. Some questions went completely unaddressed.


“In an effort to obtain that additional guidance, attached are questions for the record for the recent hearing,” Senator Toomey wrote in his September letter to Chairman Gensler. “Many of them would give industry clarity on developing promising technologies within the confines of existing laws and regulations. Please provide detailed answers so that innovators have the guidance they need to ensure domestic investment and innovation in these technologies.”


To read Senator Toomey’s original letter to Chairman Gensler, click here.


To read Chairman Gensler’s responses to Ranking Member Toomey’s questions, click here.

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