In keeping with former SEC lawyer John Reed Stark the present SEC, underneath the chairmanship of Gary Gensler, is unlikely to approve a Bitcoin spot ETF utility centering on important regulatory considerations, together with the power to stop fraud and shield traders.
The SEC crypto divide.
Curiously, Stark believes the difficulty of crypto regulation has developed right into a partisan divide inside the SEC, a dramatic shift from the bipartisan consensus towards cryptocurrencies when Stark first started writing concerning the topic in 2017.
This partisanship has manifested in varied methods, together with the SEC’s crypto crackdown initiated by former Republican-appointed SEC Chair Jay Clayton, notable for his staunch criticism and sweeping regulatory actions towards cryptocurrencies.
The potential affect of the upcoming 2024 U.S. presidential election on the regulatory panorama is one other issue to contemplate, based on Stark. If a Republican is elected, he predicts a big lower within the SEC’s crypto-enforcement efforts.
This potential discount may result in a extra crypto-friendly surroundings, with the SEC doubtlessly turning into extra receptive to approving a Bitcoin spot ETF. Moreover, different important crypto-friendly regulatory actions could also be extra prone to happen.
Stark additionally highlighted that the SEC, being an unbiased federal company, is topic to management modifications following presidential elections.
Hester Peirce, coined because the “crypto-mom” by Stark for her help of cryptocurrencies, may turn out to be the appearing Chair if a Republican is elected, with the present Chair, Gensler, prone to resign.
Given Peirce’s prolonged document of dissent in the direction of most crypto-related SEC actions, this alteration may considerably affect the SEC’s stance on cryptocurrencies.
Higher Markets letter to SEC.
Stark additionally referenced a Higher Markets letter to the SEC which famous a number of points with the proposed rule modifications that might permit the itemizing and buying and selling of spot Bitcoin ETFs.
These embody considerations about manipulation within the Bitcoin market, with allegations of “wash buying and selling” creating false volumes.
Moreover, Higher Markets argued that the proposed surveillance-sharing agreements with buying and selling platforms like Coinbase are inadequate to detect manipulation, provided that Coinbase represents solely 5% of worldwide Bitcoin buying and selling.
The group additionally factors out that concentrated possession of Bitcoin presents a threat, with 50 miners controlling half of the mining capability and the highest 10,000 Bitcoin wallets proudly owning 27% of Bitcoins.
Finally, Stark asserted that the SEC’s choices on Bitcoin ETFs and associated regulatory points are prone to be influenced by varied elements, together with inside politics, the broader political panorama, and ongoing considerations about market manipulation and investor safety.
Because the political spectrum stands right this moment, Stark doesn’t consider a spot Bitcoin ETF can be authorized, and it’ll require modifications to the regulatory panorama for it to take action.
