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Law Decoded: Making sense of mixed signals, Dec. 13–20

Published 12/20/2021, 12:10 PM
Updated 12/21/2021, 01:40 PM

The crypto regulation regime in any jurisdiction is an equilibrium among multiple institutional, group and personal interests of actors who have a sway over financial and monetary policies. These interests never perfectly align, frequently resulting in contradictory signals coming out of various power centers.

Speaking about systemic risks facing the world’s largest economy last week, the United States Federal Reserve chair said digital assets were not a financial stability concern. Two days later, the U.S. Financial Stability Oversight Council issued a report that concluded that stablecoins and decentralized finance could pose sizeable financial stability risks. The source of this discrepancy could lie in the fact that the Fed’s mandate is to maintain a robust economy, while the FSOC, which has roots in the Dodd-Frank reform, is explicitly tasked with spotting systemic risks. The shape of the hammer that each regulatory actor wields bears on how they see the digital asset nails, which holds true beyond the U.S. context.

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