Changing securities laws and regulations for the digital token age

Publication March 2019

In his Blockchain Law column, Robert Schwinger explains how, when it comes to virtual currencies, digital tokens and other blockchain assets, our legal and political systems are still in the earliest stages of grappling with which regulations and structures would be best suited for encouraging financial technology innovation on the one hand, while providing certainty and serving the public interest on the other.

While courts last year recognized that under existing law virtual currencies based on blockchain platforms could qualify as “securities,” see United States v. Zaslavskiy, No. 17 CR 647, 2018 WL 4346339 (E.D.N.Y. Sept. 11, 2018), and/or “commodities,” see CFTC v. McDonnell, 287 F. Supp. 3d 213 (E.D.N.Y. 2018), concern has been growing that these regulatory structures may not be ideal for regulating all digital tokens in all situations. Lawmakers across the country are thus now exploring possible revisions to existing laws and regulations to deal more appropriately with this new asset class.

Read the full article.


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