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Call for the regulation of DeFi: it should become a priority for the USA

In the dynamic landscape of decentralized finance (DeFi), concerns about digital identity have taken a prominent role, to the point of prompting the United States Commodity Futures Trading Commission (CFTC) to call for regulatory action. 

Regulation of DeFi should be central for US authorities

The recent report from the regulatory authority highlights the imperative for policymakers to identify projects that cause greater concern and emphasizes the need for progress in digital identity, Know Your Customer (KYC), and anti-money laundering (AML) structures within the DeFi sector.

The report clarifies the concerns of regulatory authorities who fear that the prevalent intrinsic anonymity in the DeFi ecosystem serves as fertile ground for money laundering, terrorism financing, and fraud. 

The CFTC, the authoritative body that oversees futures, swaps, and options, emphasizes the urgency of disclosing the identities of participants involved in decentralized finance.

The crucial point lies in addressing the challenges posed by pseudonymity and disintermediation, which hinder traditional regulatory oversight.

Political leaders are invited to outline and prioritize projects with greater concern, emphasizing the crucial role of digital identity, KYC, anti-money laundering regimes, and the delicate calibration of privacy within the DeFi framework.

Since the regulatory landscape is grappling with the perception that DeFi is immune from supervision, the report emphasizes the need for rigorous measures to counter this perception. 

Clear boundaries of responsibility and accountability are identified as critical components for strengthening regulatory frameworks.

Legal precedents and regulatory actions

The report refers to previous legal cases, such as the CFTC’s victory in a lawsuit against the decentralized autonomous organization (DAO) Ooki DAO and the subsequent legal actions against DeFi protocol developers engaged in illicit derivatives trading. 

These actions highlight the commitment of the regulatory authority to establish jurisdiction in the cryptocurrency sector. The lack of clear responsibility in DeFi systems is emphasized as a central concern, requiring decisive regulatory interventions.

Christy Goldsmith Romero, CFTC commissioner and sponsor of the Technology Advisory Committee, expresses her concerns about the lack of recourse and defense against the exploitation of DeFi and the inability to implement changes during crises. 

The report echoes his thoughts, emphasizing the need for strong regulatory measures to ensure consumer protection, responsibility, and the ability to effectively manage crises.

In addition to the CFTC, the Financial Crimes Enforcement Network (FinCEN) is also actively exploring the possibilities of identifying individuals who participate in decentralized finance. 

The recent introduction of a system for reporting beneficial ownership by FinCEN highlights the broader regulatory momentum towards increased transparency and accountability in the cryptocurrency sector.


In conclusion, the CFTC’s decisive position in prioritizing digital identity within the DeFi space marks a turning point in regulatory discourse. 

As concerns about money laundering, terrorism financing, and fraud loom, policymakers are faced with the imperative to identify and address the most concerning projects. 

The report highlights the sector’s need for clear lines of responsibility, questioning the perceived immunity of DeFi from regulatory control. 

Legal victories and actions against entities engaged in illicit practices highlight the regulator’s commitment to establish jurisdiction in the cryptocurrency sphere. 

The Commissioner Christy Goldsmith Romero’s poignant observations on the lack of recourse and defense in DeFi systems further amplify the urgency for strong regulatory frameworks. 

While FinCEN is making progress in identifying participants, the broader regulatory landscape is moving towards greater transparency and accountability. 

At this crucial moment, the convergence of legal precedents, regulatory actions, and political mandates lays the groundwork for an era of decentralized finance transformation.