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Amid increasing regulatory pressure on the crypto industry, Senator Cynthia Lummis has condemned the US government's stance, particularly the Department of Justice's categorization of non-custodial software as money transmission service. She argues that this approach violates existing guidance, lacks common sense, and threatens property rights, emphasizing the importance of protecting the core tenets of Bitcoin and DeFi.

Senator Lummis Condemns US Government's Hyper-Aggressive Approach to Crypto Industry
Amid escalating global scrutiny of the cryptocurrency industry, Senator Cynthia Lummis has vociferously denounced the actions of the Biden administration and regulatory agencies, particularly the Department of Justice's (DOJ) stance on non-custodial software.
DOJ's "Hyper-Aggressive" Argument Opposed
Senator Lummis strongly opposes the DOJ's assertion that non-custodial software constitutes a money transmission service. She contends that this position contradicts existing Treasury guidance, lacks logical reasoning, and violates the rule of law. Lummis emphasizes that such software is integral to the operation of self-custody wallets and other decentralized technologies, and that classifying it as a money transmitter would pose a threat to fundamental property rights.
SEC's Crackdown on Crypto Deemed "Unnecessary"
Lummis's criticism extends to the Securities and Exchange Commission's (SEC) heightened scrutiny of the crypto industry. She has characterized the SEC's actions as "unnecessary" and "overreaching," particularly its controversial new crypto policy, Staff Accounting Bulletin 121. Lummis asserts that the SEC has exceeded its mandate by attempting to classify virtually all crypto assets as securities, an action that infringes on Congress's legislative authority and extends beyond the agency's jurisdiction.
Call for Clear Regulatory Guidelines
In response to Judge Analisa Torres' ruling that XRP should not be considered a security, Senator Lummis has called for immediate action to establish clear regulatory guidelines for cryptocurrencies. She emphasizes the need to preserve the integrity of the Howey Test, a legal standard used to determine whether an investment qualifies as a security, while also ensuring its appropriate application to digital assets.
Lummis-Gillibrand Bill Introduced
To address these concerns, Senator Lummis, in collaboration with Senator Kirsten Gillibrand, has introduced the Lummis-Gillibrand bill. This legislation aims to provide regulatory clarity for digital assets like XRP by aligning their treatment with the interpretation of the Howey Test as established by the Southern District of New York.
Impact on Cryptocurrency Market
The intensifying regulatory pressure on the cryptocurrency industry has weighed heavily on the market. Bitcoin, the largest cryptocurrency by market capitalization, has witnessed a downward trend, dropping to a low of $56,400 in the early hours of Wednesday. The market's performance is closely intertwined with regulatory developments, and the ongoing scrutiny is expected to continue to influence its trajectory.
Conclusion
Senator Cynthia Lummis has emerged as a vocal advocate for the cryptocurrency industry, opposing the aggressive regulatory stance of the Biden administration and regulatory bodies. She has emphasized the importance of preserving fundamental property rights and called for clear, well-defined regulations for the industry. The Lummis-Gillibrand bill, if enacted, could provide much-needed clarity and stability to the cryptocurrency market, fostering its growth and innovation.
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