After years of regulation-by-enforcement, the SEC is now open to public input on crypto policy

Brandon Ferrick, general counsel at Douro Labs, said that the Securities and Exchange Commission's (SEC) openness to public input

Brandon Ferrick, general counsel at Douro Labs, says that the Securities and Exchange Commission (SEC) is inviting public input on crypto policy and holding roundtable discussions, which are positive signs that the crypto industry is not currently experiencing regulatory capture.

In an interview with Cointelegraph, Ferrick explained that while there has been a narrative of regulatory capture, which occurs when a specific industry gains excessive influence over regulatory bodies, he identified several key signs to look out for.

"There's a public-to-private sector revolving door of employees, the same roster of attendees at regulatory events and special treatment given to certain crypto projects, which would be a sign of regulatory capture," said Ferrick.

However, Ferrick noted that the SEC is inviting the public to provide input on crypto policy and open to scheduling meetings with industry members.

"They have a public portal where you can just submit written commentary on your thoughts for the crypto regulatory environment, and you can schedule meetings with them," the attorney continued.

As the crypto industry becomes more integrated with the traditional financial system and engages state regulators more, some analysts and executives are worried that the industry is experiencing regulatory capture, which will skew incentives and politicize the burgeoning crypto sector.

The SEC has hosted several crypto roundtable discussions and panels, with more slated in the coming months — a sharp contrast from the agency's regulation-by-enforcement approach under former SEC chairman Gary Gensler.

On March 21, the regulatory agency hosted its first crypto roundtable, which featured crypto industry executives, SEC officials, and even opponents of the crypto industry.

Former SEC official John Reed Stark was highly critical of the industry and opposed comprehensive regulatory reform, arguing that digital assets must comply with existing securities laws.

The SEC's April 11 roundtable focused on trading rules and included a different set of panelists, such as representatives from Uniswap and Coinbase.

The next SEC panel will occur on April 25 and focus on establishing guidelines for crypto custodians and other firms holding crypto on behalf of customers.