Law360 (April 21, 2021, 5:46 PM EDT) — The advent of bitcoin over a decade ago spawned an explosion in decentralized, peer-to-peer financial structures using distributed ledger technology, such as blockchain, that are challenging the traditional financial regulatory landscape. U.S. regulators have sought to apply principles and rules from a different era to protect the financial markets for public investment without stifling innovation.
Federal regulatory agencies like the U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission have used their enforcement authority to combat fraud in the digital asset space, and the SEC has challenged what it has determined to be unregistered securities offerings.
Nevertheless, the absence…
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