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Last week, the House passed three major crypto bills: the GENIUS Act, which regulates stablecoins; the Digital Asset Market Clarity Act, which outlines which assets should and shouldn’t be subject to securities laws, and the Anti-CBDC Surveillance State Act, which prohibits the creation of a U.S. central bank digital currency. The GENIUS Act was signed into law Friday, making it the first significant federal legislation to govern crypto markets.
From: The Take Away: What Crypto Legislation Does.
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The Anti-CBDC Surveillance State Act
The simplest of the three bills, the Anti-CBDC Act, bans the Federal Reserve from issuing a central bank digital currency or offering retail accounts or services to individuals.
From: The Take Away: What Crypto Legislation Does.
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Because of its broad language and sharp partisan undertones, this bill faces an uphill battle to pass the Senate, where 60 bipartisan votes are needed for it to prevail.
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The Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act
establishes the first federal framework for stablecoins. At its core, the law requires U.S. stablecoin issuers to hold 1:1 collateral reserves in cash, short-term Treasuries, money market funds, or central bank reserve deposits.
From: The Take Away: What Crypto Legislation Does.
Rosa Giovanna Barresi, a lawyer and Adjunct Professor at the University of Florence, summaries the GENIUS Act succinctly. She says the GENIUS states stablecoins are a special type of digital asset, but does not explain what a digital asset is, explicitly forbids stablecoins from earning earning interest but allows their conversion into instruments that can and “leaves so many loopholes that it will be a lawyers’ bonanza for years on end“.
It also brings stablecoin issuers under the Bank Secrecy Act, requiring them to collect customer data and monitor for suspicious activity. But those provisions are “not precise,” says the Cato Institute’s Director of Financial Regulation Studies Jennifer Schulp.
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The Digital Asset Market Clarity Act
Finally, the third bill, the House’s Digital Asset Market Clarity Act (“Clarity”), attempts to write rules of the road for the rest of blockchain-based assets. It creates a new “safe harbor” framework to exempt sales of certain assets from the securities laws where decentralized blockchains are not effectively controlled by any one entity.
From: The Take Away: What Crypto Legislation Does.
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