Crypto industry is not experiencing regulatory capture — Attorney

Brandon Ferrick, general counsel at Douro Labs, said that the Securities and Exchange Commission's (SEC) openness to public input on crypto policy and their roundtable discussions are positive signs that the crypto industry is not currently experiencing regulatory capture.

In an interview with Cointelegraph, Ferrick identified signs of regulatory capture including, a public-to-private sector revolving door of employees, the same roster of attendees at regulatory events, and special treatment given to certain crypto projects. However, Ferrick added:

"[The SEC] has a public portal where you can just submit written commentary on your thoughts for the crypto regulatory environment, and you can schedule meetings with them," the attorney continued.

As the crypto industry becomes more integrated with the traditional financial system and engages state regulators more, some analysts and executives are worried that the industry is experiencing regulatory capture that will skew incentives and politicize the burgeoning crypto sector.

Related: SEC staff gives guidance on how securities laws could apply to crypto

The SEC has hosted several crypto roundtable discussions and panels, with more slated in the coming months — a sharp contrast from the agency's regulation-by-enforcement approach under former SEC chairman Gary Gensler.

On March 21, the regulatory agency hosted its first crypto roundtable, which featured crypto industry executives, SEC officials, and even opponents of the crypto industry.

Former SEC official John Reed Stark was highly critical of the industry and opposed comprehensive regulatory reform, arguing that digital assets must comply with existing securities laws.

The SEC's April 11 roundtable focused on trading rules and included a different set of panelists, including representatives from Uniswap and Coinbase.

The next SEC panel will occur on April 25 and focus on establishing guidelines for crypto custodians and other firms holding crypto on behalf of customers.

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