The hearing addressed the economic efficiencies and potential capital formation opportunities that cryptocurrencies and ICOs offer to businesses and investors. It also reviewed the current approach by the SEC, CFTC and state regulators to administer laws which adequately protect investors. Because regulatory clarity so far has been difficult for businesses and investors, members of Congress also expressed interest in how to best monitor and oversee blockchain technology as it moves into the future.Notable points asked of and addressed by the witnesses included the need for security and investor compliance for U.S. cryptocurrency exchanges; the need (or in Rosenblum’s case, lack thereof) for regulators to distinguish the difference between cryptocurrencies that are considered digitally scarce commodities and securities tokens; the need to establish a harmonization among the “patchwork” of regulatory agencies dictating how to move forward; and the policing of cryptocurrencies, all in such a way that won’t stifle domestic innovation by forcing investors and businesses to leave the country.Digitally Scarce Commodities and Security TokensDistinguishing major cryptocurrencies from the majority of ICO tokens was the biggest topic of conversation during the hearing. Van Valkenburgh noted that digital scarcity is a fundamental difference between ICOs and cryptocurrencies such as Bitcoin, Ethereum and Filecoin. “The fundamental innovation of Bitcoin is digital scarcity. That digital scarcity can then be employed by innovative people for a variety of innovative purposes. A token that is scarce and transferable from person to person can be used just like money, just as any good throughout history from gold to seashells. A scarce token can also be automatically redeemable for a digital good or computing service provided by the same network of computing participants who verify the blockchain. These are projects like Ethereum, Filecoin and Blockstack and they are beginning to compete with competitors like Amazon, Facebook and Google. A scarce token can also represent a legal agreement.” Van Valkenburgh went on to distinguish scarce tokens already put into practice from others that are merely theoretical, supported only by blockchain software that has yet to be built. Recently, new blockchain projects have raised money by selling the promise of future tokens to willing investors in ICOs. From a regulatory standpoint there is a fundamental distinction that must be made between scarce tokens that exist on a blockchain and are used for payment or to obtain computing services and, on the other hand, promises
