Recommendation
Congress should pass legislation to clarify responsibilities between competing regulators to address uncertainty around non-fungible tokens (NFTs).
Details
President Biden’s executive order on digital assets has provided a strong foundation for U.S. leadership on forward-looking policies for NFTs that protects consumers, addresses risks, and promotes innovation. But as the technology matures, there is still more the U.S. government can do, including passing legislation to clarify regulatory responsibilities. The regulatory uncertainty makes it harder for businesses that are developing new products and services for digital assets to operate. To resolve these issues, Congress should clarify when each agency has regulatory authority over various types of digital assets and direct the lead regulator to produce clear guidance for compliance, including for crypto exchanges and online marketplaces for digital assets.
Keep reading:
▪ Daniel Castro, “NFTs: US Policies and Priorities in 2023” (ITIF, April 2023), https://itif.org/publications/2023/04/24/nfts-us-policies-and-priorities-in-2023/.