Why is the SEC proactive on crypto? Where are the Rules?

The landscape of US cryptocurrency regulation has become increasingly intricate, influenced by a combination of both political dynamics and regulatory decisions. The US Securities and Exchange Commission (SEC) has adopted a multifaceted approach to overseeing cryptocurrencies under the leadership of Chairman Gary Gensler.

The Gensler-led commission is indeed assertive in its stance on cryptocurrencies. It pushes the envelope to rein in the industry, as evidenced by its classification of 19 cryptocurrencies as securities in June. However, upon closer examination, one can easily find that the SEC has differing viewpoints within.

Hester M. Peirce, a Republican Commissioner at the SEC Commission, the top governing body of SEC, stands as a prominent opposing voice to Gensler. Her mantra is "Let them go." Despite many incidents and accidents that have occurred in the blockchain and cryptocurrency industries over the past few years, Commissioner Peirce has said that “rule-making comes before enforcement to prevent innovation,” earning her the nickname “Crypto Mom.” Recently, she even said, “When they exit, it’s fine. We let them fail. We don’t bail them out.''

She has garnered prominence in the US political landscape through her forthright views on the technology industry. Former SEC Enforcement Director John Reed Stark recently speculated that Commissioner Hester Peirce could assume the role of chief if a Republican president is elected in the US presidential election in November 2024.

The Miilk recently had an exclusive interview with SEC Commissioner Hester M. Peirce, an influential Republican voice within the commission, to shed light on what has happened behind the scenes regarding the SEC’s enforcements against crypto companies and the agency’s regulatory directions. During the interview, she shared her personal insights into the governence of the SEC and regulatory direction that led to the SEC's litigation against cryptocurrency companies.