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SEC’s Hester Peirce Advocates for DeFi Protection amid Regulatory Discussions

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Decentralized Finance (DeFi) Gains Recognition

In Washington, decentralized finance (DeFi) gained significant recognition during a pivotal roundtable organized by the U.S. Securities and Exchange Commission (SEC). This discussion highlighted the role of code-based financial systems in promoting individual autonomy and reducing reliance on traditional financial institutions.

Key Insights from SEC Commissioner Hester Peirce

On June 9, SEC Commissioner Hester Peirce spoke at the concluding session of the Crypto Task Force’s Spring Sprint event, conveying the essential value of DeFi in relation to foundational American ideals. The session, which was aptly named “DeFi and the American Spirit,” wrapped up a comprehensive series of discussions over several months that focused on key regulatory aspects concerning cryptocurrencies, such as custody arrangements, tokenization, and trading practices.

“DeFi isn’t a location where services are offered under another’s control; it is software that enables individuals to transact independently of intermediaries.” – Hester Peirce

Former SEC Commissioner Troy Paredes moderated the session, underscoring the significance of this initiative in influencing the SEC’s ongoing policy deliberations about digital assets.

Responsibility and Regulation in DeFi

Peirce took the opportunity to clarify that DeFi should not be equated with traditional financial services. She reiterated the importance of upholding First Amendment rights for individuals who develop and share such software. Peirce cautioned against the SEC imposing regulations on those who simply code, asserting that responsibility lies with users who may misuse these platforms for unlawful activities.

“If someone utilizes this software protocol in a way that breaks the law, it is the user—not the code’s creator—who should bear the consequences.” – Hester Peirce

During her address, Peirce also distinguished between the act of publishing code and the operational responsibilities that involve custody or authority to make decisions. She warned of the risks associated with mislabeling centralized financial services as DeFi, introducing the term “DeFi-In-Name-Only (DINO)” to capture this concern.

Balancing Regulation and Freedom

Peirce emphasized the necessity for regulators to concentrate on distinct risks that investors face, such as fraud and conflicts of interest, prevalent within mainstream finance—issues that DeFi is intended to eliminate. The commissioner concluded her remarks by advocating for a regulatory framework that strikes a balance between protecting individual freedoms and ensuring appropriate oversight of centralized financial entities. This approach, she noted, should not hinder individuals’ rights to utilize open-source software for transactions within their communities.

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