NewsThe criminal question in the coming wave of pro-crypto legislation

The criminal question in the coming wave of pro-crypto legislation

Republican presidential nominee and former U.S. President Donald Trump gestures at the Bitcoin 2024 event in Nashville, Tennessee, U.S., July 27, 2024.

Kevin Wurm | Reuters

With the levers of power in Washington, D.C., about to change hands, a raft of pro-crypto legislation is expected from Congress and the Trump administration. To date, there’s been less focus on the cybersecurity side of the political effort, which could be an issue for crypto in relation to its popularity among a wary U.S. population. 

Cryptocurrency, which includes not just bitcoin but ethereum, dogecoin, and others, has a faithful following among American adults. According to the Pew Research Center, 17% of American adults have traded in crypto, but that market share of American wallets has remained virtually unchanged since 2021. Meanwhile, according to a poll Pew conducted shortly before the election, 63% of adults say they have little to no confidence in crypto investing or trading, and don’t think cryptocurrencies are reliable and safe. 

The incoming Trump administration has been touting its crypto bona fides, with a focus on the industry rather than the consumer.

“The No. 1 most important priority for the industry is to make sure they have a regulatory framework so that they can do business,” said Dusty Johnson (R-South Dakota), who helped author the Financial Innovation and Technology for the 21st Century Act (FIT21) that addresses the treatment of digital assets under U.S. law. The law passed in the House with bipartisan support but has not been taken up by the Senate.

FIT21 did contain specific crypto-cybersecurity provisions, which Johnson predicts will be built upon in the new administration.

Glenn “GT” Thompson (R-Pennsylvania), Chairman of the House Committee on Agriculture and a co-author of FIT21, says the cybersecurity provisions in the bill are still key in the upcoming administration.

“FIT21 requires important cybersecurity safeguards for financial intermediaries engaging with digital assets,” Thompson said in a statement to CNBC, adding that FIT21 includes explicit provisions to ensure that regulated firms take steps to evaluate and mitigate cyber vulnerabilities to protect both the services they offer and assets they hold on behalf of their customers.

“These cybersecurity requirements are critical for protecting digital asset markets and market participants,” Thompson said.

Rep. French Hill on crypto: We need a market structure for digital assets

Some experts, however, doubt that there will be as much action on the security side of the legislation, given that crypto proponents are closely advising the Trump administration.

“Personnel is policy,” says Jeff Le, vice president of global government affairs and public policy at Security Scorecard and a former assistant cabinet secretary in the California governor’s office. The top ranks of the incoming economic team, made up of SEC Chair-designate Paul Atkins, Commerce Secretary Howard Lutnick, and Treasury Secretary-designate Scott Bessent, “have had a track record of supporting cryptocurrencies,” Le said.

Among other major posts in his second administration, President-elect Trump has appointed venture capital investor David Sacks to be his AI and crypto “czar.”

Crypto industry’s role in political realignment

The crypto industry donated significant sums to the 2024 election cycle,

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