SEC Chairman Gary Gensler pushed back against criticism of the agency’s enforcement-oriented regulatory approach to crypto during an interview on Bloomberg Technology on October 22.
In response to criticism that the SEC has not adapted its approach to the evolving digital asset space, Gensler reiterated the importance of using established laws to protect investors and maintain market integrity.
Enforcement approach
The SEC’s methods have come under increasing scrutiny as critics argue that reliance on enforcement stifles innovation and leaves companies operating in uncertainty.
Despite these criticisms, Gensler maintained that the current legal framework has been sufficient for nearly a century and remains relevant in regulating both traditional and emerging markets, including digital assets.
He said:
“We have benefited from robust congressional laws and multi-agency regulations for nine decades.”
Gensler explained that the SEC’s enforcement efforts are rooted in the fundamental principles of disclosure and conflict prevention. He emphasized that transparency in the markets is essential for investor protection and that the lack of disclosure in many crypto projects has led to significant losses for investors.
According to the SEC Chairman:
“Many people have lost money in an area that does not provide basic disclosure about their projects and investment contracts. If a market ever wants to have confidence, it must also comply with the rules.”
Gensler added that the SEC will continue to act as necessary to protect investors, regardless of the impact on the industry. He said:
“That’s what we’ll continue to do… And yes, even as it relates to this newer market where, as I said, too many people have been hurt, too many people have lost money and found themselves in bankruptcy court . their claims.”
Judgments of the court
Gensler was then asked about the SEC’s rulemaking policy at the Fifth Circuit Court of Appeals, which Bloomberg Technology co-host Ed Ludlow called “a kind of business-friendly court,” and how the regulator is adapting its position to court rulings.
Notably, the aforementioned court ruled that the SEC “exceeded its statutory authority” by requiring greater transparency about hedge fund and private equity firms’ fees and expenses.
Gensler responded that the regulator is acting within the law and what the courts interpret the law to be, adding:
“If the judge interprets it differently, we will adapt. That’s what we do, it’s part of our great democracy.”
Bitcoin’s Sweet 16
Gensler also acknowledged a milestone for the crypto industry, noting that the 16th anniversary of the Bitcoin whitepaper — commonly attributed to the pseudonym Satoshi Nakamoto — falls on Halloween this year.
Gensler used this milestone to emphasize that while the underlying technology of cryptocurrencies has evolved, the principles of transparency and investor protection remain crucial.
He described the SEC’s enforcement actions as a necessary part of ensuring the industry adheres to the same regulatory standards as traditional markets.
He further reiterated that decentralized ledger technology is not incompatible with existing securities laws and argued that the current regulatory regime is sufficient to oversee the sector.
