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New Bipartisan Bill Would Classify Digital Tokens as Commodities, Not Securities, in US
A new bipartisan-backed bill aims to clarify investment contract assets or digital tokens sold as part of a securities offering are separate and distinct commodities, not securities.Â
- The legislation introduced by Chairman of the National Republican Congressional Committee Rep. Tom Emmer (R-MN) would amend existing securities laws to exclude tokens from the definition of a security.
- Speaking to CoinDesk, Amy Davine Kim, chief policy officer for the Chamber of Digital Commerce (CDC) noted if a company issues a token, and there is an investment contract there, it has to register with the Securities and Exchange Commission (SEC) to qualify for an exemption.
- The token thatâs the object or the subject of that investment contract itself isnât necessarily a security, Kim said.
- According to a press statement on Rep. Emmerâs website, the bill would allow companies in compliance with securities registration requirements or have qualified for an exemption to âdistribute their assets to the public without additional regulatory uncertainty.â
- It goes on to state that digital tokens associated with security offerings âare in fact, and always were, commodities.â
- The bill has bipartisan support, Kim said, adding that the bill would make law a legal standard argument made in an amicus brief submitted by the CDC following the SEC injunction against messaging app Telegram, in which Telegram was accused of violating securities law when it issued its native âgramâ token in 2018. Â
- The new legislation would help to bring clarity to this area of the industry thatâs in desperate need of it, Kim said.
- Rep. Michael Conaway (R-Texas), who joined Rep. Emmer in introducing the legislation, proposed a separate bill Thursday that could bring digital currency exchanges under a single federal framework.Â
See also: Making Sense of the SECâs Case Against Telegram
Read the full draft of the bill below:Â
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Market Wrap: Bitcoin Hits $10.7K; Options Market Likes Sub-$360 Ether
Bitcoin had a small rally Thursday. Meanwhile, the ether options market is giving some investors protection from decentralized finance downsides.
- Bitcoin (BTC) trading around $10,653 as of 20:00 UTC (4 p.m. EDT). Gaining 3.3% over the previous 24 hours.
- Bitcoinâs 24-hour range: $10,135-$10,736.
- BTC above its 10-day and 50-day moving averages, a bullish signal for market technicians.
Bitcoinâs price made gains Thursday as the worldâs oldest cryptocurrency began a modest rally at around 15:00 UTC (11 a.m. EDT). It jumped $343 to as high as $10,736 in just two hours on spot exchanges such as Coinbase. Bitcoin was changing hands at $10,653 at press time.Â
Thursdayâs bitcoin price pop came after several days of stagnation followed by a quick drop in tandem with equities Wednesday.Â
Related: Bitcoin Options Open Interest Hits Record High in Expiry Week
George Clayton, partner at Cryptanalysis Capital, maintains that the average cryptocurrency holder is a risk-oriented trader and that quantitative strategies kept bitcoinâs price near at $10,400 in the days leading up to Wednesdayâs decline.Â
âIf volumes are low, traders and algorithms are in charge,â Clayton said. âThis last move down was on pretty low volume and coincided with the sell-off in stocks.âÂ
Momentum in the crypto market had been absent this week prior to bitcoinâs rise Thursday, according to Denis Vinokourov, head of research for the digital assets prime broker Bequant. âThere has been a distinct lack of aggressive liquidations and the actual bitcoin futures curve has been flat for much of the month,â he said.Â
Liquidation volume in September on derivatives exchange BitMEX has fallen. Liquidations, the crypto equivalent of margin calls, often exacerbate price movements as long or short traders have their positions wiped out.
Related: First Mover: Federal Reserve, Congress Play Game of Chicken Over Stimulus as Market Lurches
Rupert Douglas, head of institutional sales at crypto brokerage Koine, says he still has some concerns that investors will quickly sell off crypto should traditional markets take another nosedive. âRisks are still to the downside,â he said.
Read More: Strengthening US Dollar Could Bring Further Downside for Bitcoin
Bitcoin has performed poorly compared to equities thus far in September, down 10.7% while the S&P 500 is in the red 7.9%. Major stock indexes in Europe and Asia are also treading below 0% month-to-date.
Bequantâs Vinokourov points to decentralized finance, or DeFi, as contributing to the bitcoin marketâs lack of overall momentum. âIt appears that leverage flow has already been sucked out and quietly exited or transitioned to other parts of the crypto ecosystem, namely DeFi,â he said.Â
Despite this, Vinokourov sees positive sentiment towards bitcoinâs use in DeFi-based yield generation to eke out profits in slow market cycles. âThe use of bitcoin on the Ethereum network remains on a strong uptrend, with over 100,000 BTC now locked,â he noted.
Ether options hedging DeFiEther (ETH), the second largest cryptocurrency by market capitalization, was up Thursday, trading around $346 and climbing 5.5% in 24 hours as of 20:00 UTC (4:00 p.m. EDT).Â
Read More: Uniswap Users Have Claimed $560M-Worth of UNI Tokens in a Week
The ether options market for October expiration seems to favor the cryptocurrency being priced below $360. Traders are betting there is a 50% chance of ether trading over $340 at next monthâs expiration, a 40% chance of it priced over $360, and just a 24% chance of it being over $400 according to data aggregator Skew.
Vishal Shah, an options trader and founder of derivatives exchange Alpha5, said this market behavior signals smart investors are likely hedged on DeFiâs risks.Â
âThis is a protective premium against DeFi total value locked; a lot of people have ETH locked up in pools,â he said. âThe larger players definitely are hedged, plus this can make offering DeFi structured products a lot easier [such as one with a] USD-yield with protective puts against the pool.â
Other marketsDigital assets on the CoinDesk 20 are mostly in the green Thursday. Notable winners as of 20:00 UTC (4:00 p.m. EDT):
One notable loser as of 20:00 UTC (4:00 p.m. EDT):
- dogecoin (DOGE) â 1%
Read More: Ex-Pantera Partnerâs New Crypto Fund Is âNot for the Faint of Heartâ
Equities:
- Asiaâs Nikkei 225 closed in the red 1.1% as traders in Tokyo eyed an equities sell-off in the United States amid a contentious presidential election.
- Europeâs FTSE 100 ended the day slipping 1.3% as a rise in coronavirus cases on the continent dampened sentiment.
- In the United States the S&P 500 slipped 0.10% on a volatile trading day as unemployment numbers declined but were higher than forecasted.
Commodities:
- Oil was up 1.5%. Price per barrel of West Texas Intermediate crude: $40.22.
- Gold was in the green 0.32% and at $1,869 as of press time.
Treasurys:
- U.S. Treasury bond yields fell Thursday. Yields, which move in the opposite direction as price, were down most on the 2-year, dipping to 0.137 and in the red 5.4%.