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Kristin Smith:Clarity法案虽死但监管窗口已开

This Is The Moment For Crypto Rules: Kristin Smith

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明确了SEC/CFTC在当前立法真空期的行动窗口与规则落地时间表,对加密企业合规路径有直接参考价值。

So I wanted to bring in something Andrew Cuomo, the former governor of New York, told us when he was on our show last week. He's now the co chair of the OKX Venture, and he came on before the news broke. So it's more, about the overall path ahead now that Clarity has an act rather than, tokenization. Let's just take a listen to what he told us. Okay. You know, we've been talking about digital assets and the fact that digital assets are the future of finance for over a decade.

所以我想引用一下纽约前州长安德鲁·科莫上周在我们节目上跟我们说的一些话。他现在担任 OKX 风投的联合主席,他在新闻爆发之前就来了。所以现在更多的是关于在《Clarity Act》(清晰法案)通过后整体的前进道路,而不是代币化。让我们听听他说了什么。好的。你知道,我们已经谈论了数字资产以及数字资产是金融的未来这一事实超过十年了。

And when clarity failed, ambiguity wins and unpredictability wins. And that's the last thing the industry can actually tolerate. And you're seeing jurisdictions all around the world that are actually putting in regulations and, compliance so companies know the rules of the game. Just tell me the rules of the game. And it is passing us by. Alright. So that was Andrew Crumpton when he was on our program after the failure of clarity.

当清晰度失败时,模糊性获胜,不可预测性获胜。而这正是行业实际上无法容忍的。你看到世界各地的司法管辖区都在制定法规和合规要求,以便公司了解游戏规则。就告诉我游戏规则吧。而这一切正在从我们身边溜走。好吧。这就是安德鲁·克拉姆普顿在我们的节目上,在清晰度失败之后所说的。

Clearly, agencies like the CFTC and SEC need to push forward with their own guidelines in the absence of actual durable legislation. For companies, does this fact change, how companies proceed given that whatever rulemaking happens is not permanent, but at least it's something? Yeah. Well, let's let's go back in time a little bit. So first, I wanna say, I think crypto as an industry and a technology is winning right now Washington.

显然,在没有实际持久立法的情况下,像 CFTC 和 SEC 这样的机构需要推进自己的指南。对于公司来说,鉴于无论规则制定如何都不是永久的,但至少是某种东西,这个事实是否改变了公司的行事方式?是的。嗯,让我们回到过去一点时间。首先,我想说,我认为加密作为一个行业和技术目前在华盛顿正在取得胜利。

When I started in this space back in 2018, all the industry wanted was for regulators to issue guidance and regulation. Instead, the industry got attacked by the government with regulation by enforcement, with criminal investigations, with debanking. The crypto industry responded strongly with a strong political movement, which led to congress getting involved, and congress got some wins. They got the Genius Act. They changed the IRS broker rule.

当我在 2018 年刚开始进入这个领域时,整个行业只希望监管机构发布指导和法规。相反,行业受到了政府的攻击,通过执法监管、刑事调查和去银行化。加密行业以强大的政治运动做出了强烈回应,这导致国会介入,国会取得了一些胜利。他们通过了《Genius Act》(天才法案)。他们修改了国税局(IRS)的经纪人规则。

And even though they didn't get clarity across the finish line with a big c, the agencies now have the political cover to move. And we would not be seeing so much activity out of the SEC and the CFTC right now if clarity hadn't made it as far as we did. So I'm feeling really good. And I think the reality is there are two worlds. There's a sort of slightly unregulated world that much of crypto is operating in today, and then there's this world of new regulations that are gonna be put on the books in the next two years.

尽管他们没有带着大写的 C 穿过终点线获得清晰度,但机构现在有了政治掩护来采取行动。如果清晰度没有走到我们现在的这一步,我们就不会看到 SEC 和 CFTC 目前有这么多的活动。所以我感觉非常好。而且我认为现实是两个世界。一个是今天大部分加密运营的略微不受监管的世界,另一个是将在未来两年内写入法律的新监管世界。

Nobody's gonna wanna undo that because these regulations protect consumers. They make... Give clarity to the industry. And, yes, there might be some tweaks around the edges in a future administration, but they're not gonna be able to roll them back. Christine, if I could just ask a follow-up question on that. So where does this leave us in terms of the durability of what the SEC and CFTC is passing? Like, does it all get overturned when the Democrats, if they win and control both the house and the senate and maybe two years down the line?

没人会想要撤销这些规定,因为这些法规保护消费者。它们为行业……提供了清晰度。是的,未来的政府可能会在边缘做一些调整,但他们无法推翻这些规定。克里斯汀,如果我可以就此再问一个跟进问题。那么,从 SEC(美国证券交易委员会)和 CFTC(美国商品期货交易委员会)正在通过的规定的持久性来看,我们现在处于什么位置?比如,如果民主党获胜并控制众议院和参议院,或者两年后,这一切会被推翻吗?

Well, I think that's why this rule making process is so important. You know, it can take anywhere between eighteen and twenty four months to get completely through the process. There are different notice and comment periods. They go back and forth with different drafts. It's really important that we get as many of those rules done as possible before the congressional review act window, so sometime before the summer of twenty twenty eight.

嗯,我认为这就是为什么这个规则制定过程如此重要。你知道,整个过程可能需要十八到二十四个月的时间。有不同的通知和评论期。他们会针对不同的草案来回修改。在国会审查法案的窗口期结束前,也就是在2028年夏季之前,尽可能多地完成这些规则真的非常重要。

I think anything that gets across the finish by... Finish line by then is going be durable. We could see a change of administration or not. We could see, you know, changes in congress or not. We don't exactly know where that world's gonna be, but I think it's so rare to have the chairman of the SEC and the CFTC working so closely with one unified vision. I think we wanna take advantage of this moment, and we want them, to get as much in place.

我认为任何在那之前完成最终定稿的规则都将具有持久性。我们可能会看到政府更迭,也可能不会。我们可能会看到国会变化,也可能不会。我们并不确切知道那时的世界会是什么样子,但我认为拥有 SEC 主席和 CFTC 主席以如此统一的愿景紧密合作的情况非常罕见。我认为我们要抓住这个机会,让他们尽快落实尽可能多的措施。

And, again, once the rules are there, traditional finance is gonna come in. Companies are gonna come from overseas into The US. There's gonna be a bunch of activity that depends on those rules. Nobody's gonna wanna upend that. You're not gonna be able to put the the toothpaste back in the tube. Like, this is this is gonna be out there, and people will be relying on that. So we don't have clarity with a big c, but we have clarity with a little c.

而且,再次强调,一旦规则到位,传统金融就会进入。公司会从海外来到美国。将有一系列依赖这些规则的活动。没人会想要颠覆这一切。你不可能把牙膏挤回管子里。这些东西已经存在了,人们将依赖于此。所以我们没有大写的“清晰”(Clarity),但我们有小写的“清晰”。

Exactly. Do you think that the Clarity Act is completely dead? I mean, could anything happen before the midterm elections? I Even during the lame duck period? I think it's unlikely. It's on a 0% chance. I think that there really is genuine interest on both sides of the aisle, but, you know, there's a couple reasons Clarity wasn't able to get forward... Move forward. You know, one of those has to do with the president and his family's business with crypto.

没错。你认为《清晰度法案》彻底没戏了吗?我的意思是,在中期选举之前会发生任何事情吗?甚至在跛脚鸭时期?我认为不太可能。几率是0%。我认为两党确实都有真正的兴趣,但是,你知道,有几个原因导致《清晰度法案》未能推进……向前推进。其中一个原因与总统及其家族的加密货币业务有关。

I don't know how that issue gets solved for for Democrats between now and the end of the year. I think there's also this moment right now where the banks are, not yet fully on board with the integration of crypto technology. I think a couple years from now, the banks will be on board with this, and they'll be supportive once they see how it plays out. But I don't see those two issues getting solved before the end of the year, and so I think that's why it's really important that the regulators are running through.

我不知道在年底之前,民主党方面将如何解决这个问题。我认为目前也存在一个情况:银行界尚未完全接受加密货币技术的整合。我认为几年后,银行将会接受这一点,并在看到其实际效果后表示支持。但我不认为这两个问题能在年底前得到解决,因此我认为监管机构的推进确实至关重要。

Now if that does change and clarity does come along, I think that's great because there are a couple things that clarity does that the regulators can't do today. But I think, you know, I think we're gonna be okay either way. Crystal, one one quick question about your role. You're back at the Blockchain Association. You also run the Solana Policy Institute. Talk a little bit about how do you sort of juggle those two jobs.

如果情况真的发生变化并且带来了明确性,我认为这是好事,因为明确性能带来监管机构今天无法做到的某些事情。但我认为,无论如何,我们都会没事的。Crystal,关于你的角色我有一个小问题。你回到了Blockchain Association(区块链协会)。你还运营着Solana Policy Institute(索拉纳政策研究所)。请谈谈你是如何兼顾这两份工作的。

Yeah. Well, you know, I don't have children, and I don't have a spouse, so I got a lot of time on my hands. But... No. Listen. I was the of the Blockchain Association for almost seven years. This is an interim position. We are looking for someone new, and we're going to go through that process. And so, I'm happy to jump in. It's an amazing team, amazing group of people in this industry. You know, this this industry has been through battles together.

是的。嗯,你知道,我没有孩子,也没有配偶,所以我有很多空闲时间。但是……不。听着。我在Blockchain Association担任[职务]近七年了。这是一个临时职位。我们正在寻找新人,并将启动相关流程。所以,我很乐意介入。这是一个了不起的团队,这个行业里有非常棒的一群人。你知道,这个行业一起经历过战斗。

We are... Where it's like war buddies, you know, regulatory war buddies. And so it's an amazing group of people, and, you know, I'm really excited to to step in for a couple months until we move on to the next chapter.

我们就像是……战友,你知道,监管方面的战友。所以这是一群很棒的人,而且,我真的很高兴能在接下来几个月里接手,直到我们进入下一个篇章。

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