SEC’s Crypto Advocate Says Blockchain Code Is Protected By The Constitution
SEC Commissioner Hester Peirce argued that publishing open-source blockchain code is a protected activity under the First Amendment and developers should not be automatically liable as securities intermediaries for how others use their software. She emphasized that liability should fall on those who engage in unlawful conduct, not the tool creators. Her remarks reflect a broader regulatory shift at the SEC under Chair Paul Atkins, moving away from regulation by enforcement. The agency's Crypto Task Force is reviewing how existing securities laws, designed for traditional intermediaries, apply to decentralized systems. Recent SEC guidance also suggested some platforms accessing decentralized protocols may not qualify as traditional brokers. The SEC's strategic plan through 2030 indicates blockchain and crypto assets remain a long-term priority as potentially transformative technologies for financial infrastructure.
bitcoinist06/05 22:02