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A New (Digital) Age at the SEC

As technology evolves, the U.S. Securities and Exchange Commission (SEC) must evolve with it. Nowhere is this truer than in crypto, and now: The market for crypto assets has grown in size and sophistication such that the SEC’s recent harmful approach of enforcement and abdication of regulation needs urgent updating.
While the long-term future of the crypto industry in the U.S. will likely require Congress to sign a comprehensive regulatory framework into law, here are six steps the SEC could immediately take to create “fit-for-purpose” regulations – without sacrificing innovation or critical investor protections.
#1 Provide guidance on ‘airdrops’
The SEC should provide interpretive guidance for how blockchain projects can distribute incentive-based crypto rewards to participants — without those being characterized as securities offerings.
Blockchain projects typically offer such rewards — often called “airdrops” — to incentivize usage of a particular network. These distributions are a critical tool for enabling blockchain projects to progressively decentralize, as they disseminate ownership and control of a project to its users.
If the SEC were to provide guidance on distributions, it would stem the tide of these rewards only being issued to non-U.S. persons — a trend that is effectively offshoring ownership of blockchain technologies developed in the U.S., yet at the expense of U.S. investors and developers.
What to do:
Establish eligibility criteria for crypto assets that can be excluded from being treated as investment contracts under securities laws when distributed as airdrops or incentive-based rewards. (For example, crypto assets that are not otherwise securities and whose market value is, or is expected to be, substantially derived from the programmatic functioning of any distributed ledger or onchain executable software.)
#2 Modify crowdfunding rules
The SEC should revise Regulation Crowdfunding rules so they are suitable for crypto startups. These startups often need a broader distribution of crypto assets to develop critical mass and network effects for their platforms, applications, or protocols.
What to do:
Expand offering limits so the maximum amount that can be raised is on par with crypto ventures’ needs (e.g., up to $75 million or a percentage of the overall network, depending on the depth of disclosures).
Exempt crypto offerings in a manner similar to Regulation D, allowing access to crowdfunding platforms beyond accredited investors.
Protect investors through caps on the amounts any one individual may invest (as Reg A+ currently does); robust disclosure requirements that encompass the material information relevant to the crypto venture (e.g. relating to the underlying blockchain, its governance, and consensus mechanisms); and other safeguards.
These changes would empower early-stage crypto projects to access a wide pool of investors, democratizing access to opportunities while preserving transparency.
#3 Enable broker-dealers to operate in crypto
The current regulatory environment restricts traditional broker-dealers from engaging meaningfully in the crypto industry — primarily because it requires brokers to obtain separate approvals to transact in crypto assets, and imposes even more onerous regulations around broker-dealers who wish to custody crypto assets.
These restrictions create unnecessary barriers to market participation and liquidity. Removing them would enhance market functionality, investor access, and investor protection.
What to do:
Enable registration so broker-dealers can deal in – and custody – crypto assets, both securities and nonsecurities.
Establish oversight mechanisms to ensure compliance with anti-money laundering (AML) and know-your-customer (KYC) regulations.
Collaborate with industry authorities like FINRA to issue joint guidance that addresses operational risks tailored to crypto assets.
This approach would promote a safer and more efficient marketplace, enabling broker-dealers to bring their expertise in best execution, compliance, and custody to the broader crypto market.
#4 Provide guidance on custody and settlement
Ambiguity over regulatory treatment and accounting rules has deterred traditional financial institutions from entering the crypto custody market. This means that many investors are not getting the benefit of fiduciary asset management for their investments, and instead are left investing on their own and arranging their own custody alternatives.
What to do:
Clarify guidance on how investment advisers can custody crypto assets under the Investment Advisers Act, ensuring adequate safeguards such as multi-signature wallets and secure offchain storage. Also provide guidance on staking and voting on governance decisions for crypto assets in the custody of investment advisers.
Develop specific guidance on settlement for crypto transactions – including timelines, validation processes, and error resolution mechanisms.
Establish a flexible, technology-neutral framework that can adapt to custody solution innovations, meeting regulatory standards without imposing prescriptive technological mandates.
Rectify accounting treatment by repealing SEC Staff Accounting Bulletin 121 and its handling of balance sheet liabilities for custodied crypto assets. (SAB 121 moves custodied crypto assets onto the custodian’s balance sheet — a practice that is at odds with the traditional accounting treatment of custodied assets.)
This clarity would provide greater institutional confidence, increasing market stability and competition among service providers while improving protections for both retail and institutional crypto investors.
#5 Reform ETP standards
The SEC should adopt reform measures for exchange-traded products (ETPs) that can foster financial innovation. The proposals promote broader market access to investors and fiduciaries used to managing portfolios of ETPs.
What to do:
Revert to the historical market-size test, requiring only that sufficient liquidity and price integrity for the regulated commodity futures market exists to support a spot ETP product. Currently, the SEC’s reliance on the «Winklevoss Test» for surveillance agreements with regulated markets that satisfy arbitrary predictive price discovery has delayed approval of bitcoin and other crypto-based ETPs. This approach overlooks the significant size and transparency of current crypto markets, their regulated futures markets, and creates an arbitrary distinction in the standards applicable to crypto-based ETP listing applications and all other commodity-based listing applications.
Permit crypto ETPs to settle directly in the underlying asset. This will result in better fund tracking, reduce costs, provide greater price transparency, and reduce reliance on riskier derivatives.
Mandate robust custody standards for physically settled transactions to mitigate risks of theft or loss. Additionally, provide for the option of staking idle underlying assets of the ETP.
#6 Implement certification for ATS listings
In a decentralized environment where the issuer of a crypto asset may play no significant continuing role, who bears responsibility for providing accurate disclosures around the asset? There’s a helpful analog from the traditional securities markets here, in the form of Exchange Act Rule 15c2-11, which permits broker-dealers to trade a security when current information for the security is available to investors.
Extending that principle into crypto asset markets, the SEC could permit regulated crypto trading platforms (both exchanges and brokerages) to trade any asset for which the platform can provide investors with accurate, current information. The result would be greater liquidity for such assets across SEC-regulated markets, while simultaneously ensuring that investors are equipped to make informed decisions.
What to do:
Establish a streamlined 15c2-11 certification process for crypto assets listed on alternative trading system (ATS) platforms, providing mandatory disclosures about the assets’ design, purpose, functionality, and risks.
Require exchanges or ATS operators to perform due diligence on crypto assets, including verifying issuer identity as well as important feature and functionality information.
Mandate periodic disclosures to ensure investors receive timely and accurate information. Also, clarify when reporting by an issuer is no longer necessary due to decentralization.
This framework would promote transparency and market integrity while allowing innovation to flourish.
***
By taking the above steps now, the SEC can begin to rotate away from its historic and heavily contested focus on enforcement efforts, and instead add much-needed regulatory guidance. Providing practical solutions for investors, fiduciaries, and financial intermediaries will better balance protecting investors with fostering capital formation and innovation — achieving the SEC’s mission.
A longer version of this post originally appeared on a16zcrypto.com.
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BitMEX Co-Founder Arthur Hayes Sees Money Printing Extending Crypto Cycle Well Into 2026

Arthur Hayes believes the current crypto bull market has further to run, supported by global monetary trends he sees as only in their early stages.
Speaking in a recent interview with Kyle Chassé, a longtime bitcoin and Web3 entrepreneur, the BitMEX co-founder and current Maelstrom CIO argued that governments around the world are far from finished with aggressive monetary expansion.
He pointed to U.S. politics in particular, saying that President Donald Trump’s second term has not yet fully unleashed the spending programs that could arrive from mid-2026 onward. Hayes suggested that if expectations for money printing become extreme, he may consider taking partial profits, but for now he sees investors underestimating the scale of liquidity that could flow into equities and crypto.
Hayes tied his outlook to broader geopolitical shifts, including what he described as the erosion of a unipolar world order. In his view, such periods of instability tend to push policymakers toward fiscal stimulus and central bank easing as tools to keep citizens and markets calm.
He also raised the possibility of strains within Europe — even hinting that a French default could destabilize the euro — as another factor likely to accelerate global printing presses. While he acknowledged these policies eventually risk ending badly, he argued that the blow-off top of the cycle is still ahead.
Turning to bitcoin, Hayes pushed back on concerns that the asset has stalled after reaching a record $124,000 in mid-August.
He contrasted its performance with other asset classes, noting that while U.S. stocks are higher in dollar terms, they have not fully recovered relative to gold since the 2008 financial crisis. Hayes pointed out that real estate also lags when measured against gold, and only a handful of U.S. technology giants have consistently outperformed.
When measured against bitcoin, however, he believes all traditional benchmarks appear weak.
Hayes’ message was that bitcoin’s dominance becomes even clearer once assets are viewed through the lens of currency debasement.
For those frustrated that bitcoin is not posting fresh highs every week, Hayes suggested that expectations are misplaced.
In his telling, investors from the traditional world and those in crypto actually share the same premise: governments and central banks will print money whenever growth falters. Hayes says traditional finance tends to express this view by buying bonds on leverage, while crypto investors hold bitcoin as the “faster horse.”
His conclusion is that patience is essential. Hayes argued that the real edge of holding bitcoin comes from years of compounding outperformance rather than short-term speculation.
Coupled with what he sees as an inevitable wave of money creation through the rest of the decade, he believes the present crypto cycle could stretch well into 2026, far from exhausted.
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Bitcoin Bulls Bet on Fed Rate Cuts To Drive Bond Yields Lower, But There’s a Catch

On Sept. 17, the U.S. Federal Reserve (Fed) is widely expected to cut interest rates by 25 basis points, lowering the benchmark range to 4.00%-4.25%. This move will likely be followed by more easing in the coming months, taking the rates down to around 3% within the next 12 months. The fed funds futures market is discounting a drop in the fed funds rate to less than 3% by the end of 2026.
Bitcoin (BTC) bulls are optimistic that the anticipated easing will push Treasury yields sharply lower, thereby encouraging increased risk-taking across both the economy and financial markets. However, the dynamics are more complex and could lead to outcomes that differ significantly from what is anticipated.
While the expected Fed rate cuts could weigh on the two-year Treasury yield, those at the long end of the curve may remain elevated due to fiscal concerns and sticky inflation.
Debt supply
The U.S. government is expected to increase the issuance of Treasury bills (short-term instruments) and eventually longer-duration Treasury notes to finance the Trump administration’s recently approved package of extended tax cuts and increased defense spending. According to the Congressional Budget Office, these policies are likely to add over $2.4 trillion to primary deficits over ten years, while Increasing debt by nearly $3 trillion, or roughly $5 trillion if made permanent.
The increased supply of debt will likely weigh on bond prices and lift yields. (bond prices and yields move in the opposite direction).
«The U.S. Treasury’s eventual move to issue more notes and bonds will pressure longer-term yields higher,» analysts at T. Rowe Price, a global investment management firm, said in a recent report.
Fiscal concerns have already permeated the longer-duration Treasury notes, where investors are demanding higher yields to lend money to the government for 10 years or more, known as the term premium.
The ongoing steepening of the yield curve – which is reflected in the widening spread between 10- and 2-year yields, as well as 30- and 5-year yields and driven primarily by the relative resilience of long-term rates – also signals increasing concerns about fiscal policy.
Kathy Jones, managing director and chief income strategist at the Schwab Center for Financial Research, voiced a similar opinion this month, noting that «investors are demanding a higher yield for long-term Treasuries to compensate for the risk of inflation and/or depreciation of the dollar as a consequence of high debt levels.»
These concerns could keep long-term bond yields from falling much, Jones added.
Stubborn inflation
Since the Fed began cutting rates last September, the U.S. labor market has shown signs of significant weakening, bolstering expectations for a quicker pace of Fed rate cuts and a decline in Treasury yields. However, inflation has recently edged higher, complicating that outlook.
When the Fed cut rates in September last year, the year-on-year inflation rate was 2.4%. Last month, it stood at 2.9%, the highest since January’s 3% reading. In other words, inflation has regained momentum, weakening the case for faster Fed rate cuts and a drop in Treasury yields.
Easing priced in?
Yields have already come under pressure, likely reflecting the market’s anticipation of Federal Reserve rate cuts.
The 10-year yield slipped to 4% last week, hitting the lowest since April 8, according to data source TradingView. The benchmark yield has dropped over 60 basis points from its May high of 4.62%.
According to Padhraic Garvey, CFA, regional head of research, Americas at ING, the drop to 4% is likely an overshoot to the downside.
«We can see the 10yr Treasury yield targeting still lower as an attack on 4% is successful. But that’s likely an overshoot to the downside. Higher inflation prints in the coming months will likely cause long-end yields some issues, requiring a significant adjustment,» Garvey said in a note to clients last week.
Perhaps rate cuts have been priced in, and yields could bounce back hard following the Sept. 17 move, in a repeat of the 2024 pattern. The dollar index suggests the same, as noted early this week.
Lesson from 2024
The 10-year yield fell by over 100 basis points to 3.60% in roughly five months leading up to the September 2024 rate cut.
The central bank delivered additional rate cuts in November and December. Yet, the 10-year yield bottomed out with the September move and rose to 4.57% by year-end, eventually reaching a high of 4.80% in January of this year.
According to ING, the upswing in yields following the easing was driven by economic resilience, sticky inflation, and fiscal concerns.
As of today, while the economy has weakened, inflation and fiscal concerns have worsened as discussed earlier, which means the 2024 pattern could repeat itself.
What it means for BTC?
While BTC rallied from $70,000 to over $100,000 between October and December 2024 despite rising long-term yields, this surge was primarily fueled by optimism around pro-crypto regulatory policies under President Trump and growing corporate adoption of BTC and other tokens.
However, these supporting narratives have significantly weakened looking back a year later. Consequently, the possibility of a potential hardening of yields in the coming months weighing over bitcoin cannot be dismissed.
Read: Here Are the 3 Things That Could Spoil Bitcoin’s Rally Towards $120K
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Are the Record Flows for Traditional and Crypto ETFs Reducing the Power of the Fed?

Record-breaking flows into exchange-traded funds may be reshaping markets in ways that even the Federal Reserve can’t control.
New data show U.S.-listed ETFs have become a dominant force in capital markets. According to a Friday press release by ETFGI, an independent consultancy, assets invested in U.S. ETFs hit a record $12.19 trillion at the end of August, up from $10.35 trillion at the close of 2024. Bloomberg, which highlighted the surge on Friday, noted the flows are challenging the traditional influence of the Federal Reserve.
Investors poured $120.65 billion into ETFs during August alone, lifting year-to-date inflows to $799 billion — the highest on record. By comparison, the prior full-year record was $643 billion in 2024.
The growth is concentrated among the biggest providers. iShares leads with $3.64 trillion in assets, followed closely by Vanguard with $3.52 trillion and State Street’s SPDR family at $1.68 trillion.
Together, those three firms control nearly three-quarters of the U.S. ETF market. Equity ETFs drew the largest share of August inflows at $42 billion, while fixed-income funds added $32 billion and commodity ETFs nearly $5 billion.
Crypto-linked ETFs are now a meaningful piece of the picture.
Data from SoSoValue show U.S.-listed spot bitcoin and ether ETFs manage more than $120 billion combined, led by BlackRock’s iShares Bitcoin Trust (IBIT) and Fidelity’s Wise Origin Bitcoin Trust (FBTC). Bitcoin ETFs alone account for more than $100 billion, equal to about 4% of bitcoin’s $2.1 trillion market cap. Ether ETFs add another $20 billion, despite launching only earlier this year.
The surge underscores how ETFs — traditional and crypto alike — have become the vehicle of choice for investors of all sizes. For many, the flows are automatic.
In the U.S., much of the cash comes from retirement accounts known as 401(k)s, where workers put aside part of every paycheck.
A growing share of that money goes into “target-date funds.” These funds automatically shift investments — moving gradually from stocks into bonds — as savers approach retirement age. Model portfolios and robo-advisers follow similar rules, automatically directing flows into ETFs without investors making day-to-day choices.
Bloomberg described this as an “autopilot” effect: every two weeks, millions of workers’ contributions are funneled into index funds that buy the same baskets of stocks, regardless of valuations, headlines or Fed policy. Analysts cited by Bloomberg say this steady demand helps explain why U.S. equity indexes keep climbing even as data on jobs and inflation show signs of strain.
The trend raises questions about the Fed’s influence.
Traditionally, interest rate cuts or hikes sent strong signals that rippled through stocks, bonds, and commodities. Lower rates typically encouraged risk-taking, while higher rates reined it in. But with ETFs absorbing hundreds of billions of dollars on a set schedule, markets may be less sensitive to central bank cues.
That tension is especially clear this month. With the Fed expected to cut rates by a quarter point on Sept. 17, stocks sit near record highs and gold trades above $3,600 an ounce.
Bitcoin, meanwhile, is trading at around $116,000, not far from its all-time high of $124,000 set in mid August.
Stock, bond and crypto ETFs have seen strong inflows, suggesting investors are positioning for easier money — but also reflecting a structural tide of passive allocations.
Supporters told Bloomberg the rise of ETFs has lowered costs and broadened access to markets. But critics quoted in the same report warn that the sheer scale of inflows could amplify volatility if redemptions cluster in a downturn, since ETFs move whole baskets of securities at once.
As Bloomberg put it, this “perpetual machine” of passive investing may be reshaping markets in ways that even the central bank struggles to counter.
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