A Push for Regulation in DeFi

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Several U.S. Senators  have introduced a bipartisan bill that could significantly impact anonymity within DeFi (decentralized finance), according to Kitco News.

The proposed legislation, known as the Crypto Asset National Security Enhancement Act of 2023, aims to subject DeFi protocols to the same regulations as other U.S.-regulated financial intermediaries.

Preliminary Steps

One of the main purposes of the bill is to prevent money laundering and suspicious activities, which will be done through Know Your Customer (KYC) assessments. Operators of DeFi protocols will have to conduct these checks before granting users access to their platforms if the bill passes. Operators may also be required to report any suspicious activity and ensure that individuals sanctioned by the U.S. government cannot utilize their services.

The bill extends its reach to Bitcoin ATMs as well. Operators of these ATMs would need to verify and record customer information—including names, addresses, and official documents with photographs—as part of their anti-money laundering efforts.

The overarching goal is to combat the rise in crypto-facilitated crime and prevent money laundering and sanctions evasion, which are crucial for national security. Bigger picture, this illustrates the government’s attempts at wrangling an industry which celebrates itself as being freewheeling and beyond the grasp of regulators.

Critics argue that imposing such regulations may hinder the open and decentralized nature of the markets, which are part of DeFi’s core appeal. The whole philosophy around some DeFi platforms is that they are outside the grasp of regulators, which they claim is a good thing. The bill’s sponsors and supporters acknowledge this but say that they are still worth regulating.

Establishing a Framework

The U.S. has been struggling to establish a comprehensive regulatory framework for digital assets. Previous bipartisan efforts to advance crypto legislation have faced hurdles and failed to achieve full Congressional approval. A previously proposed bill, the Digital Asset Anti-Money Laundering Act, aimed to limit financial institutions’ access to crypto mixing services, privacy coins, and anonymity-enhancing technologies. It failed to progress beyond the Senate floor.

As the landscape continues to evolve, it has become crucial to strike a balance between safety and innovation. Regulating DeFi is essential to prevent illicit activities, but it must be done thoughtfully to preserve the sector’s openness and freedom.

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