Gary Gensler's Bitcoin ETF: A Circus in the Crypto World

Jonathan Stoker Jan 11, 2024, 22:20pm 137 views

Gary Gensler's Bitcoin ETF: A Circus in the Crypto World

Gary Gensler's Stance on Bitcoin ETFs

A rather unexpected turn of events unfolded when, after approving a handful of spot bitcoin ETFs, Gary Gensler, the head of U.S. Securities and Exchange Commission (SEC), clarified that this decision does not imply endorsement of bitcoin. The statement, although striking, is not out of character for Gensler, who has repeatedly questioned the societal value of cryptocurrencies.

Growing Demand Despite Skepticism

Despite Gensler's reservations, cryptocurrencies, specifically bitcoin, have seen growing interest from major financial giants. For instance, BlackRock, the world's largest asset manager, rekindled interest in bitcoin during the bear market last year by applying to list a spot bitcoin ETF. This move was driven by evident consumer demand for such a product. The SEC subsequently received numerous similar applications, coinciding with a rally in bitcoin prices.

Adding another feather to its cap, BlackRock's iShares BitcoinBitcoin$42,260 -0.64% Trust (IBIT) is projected to attain an impressive $3 billion in capital inflows on its first trading day. The launch of several thematic crypto funds this week further attests to the high interest of financial service providers in the crypto space.

SEC's Influence on Bitcoin ETF Demand

Interestingly, the SEC's historical denial of bitcoin ETF applications may have inadvertently fueled demand for them. Up until recently, the commission had turned down more than 20 such applications. James Angel, a professor from Georgetown, suggested that the SEC's dismissal could be considered a form of free advertising, hence indirectly stimulating demand.

Gensler's Reluctant Approval of Bitcoin ETFs

While Gensler may have wished otherwise, the approval of bitcoin ETFs was seemingly unavoidable. His hand was forced when a Washington D.C. appeals court criticized the SEC's rationale in declining Grayscale's proposal to convert the GBTC trust into an ETF. However, Gensler's narrative paints a reluctant picture, suggesting that the SEC turned towards acceptance only after exhausting all options to reject further spot bitcoin ETF applications.

Crypto Cases and Securities Law

Although the SEC has managed to settle several high-profile cases with crypto promoters, the outcomes have not generally favored the agency when taken to court. This raises concerns for the SEC's ongoing legal battles with entities like CoinbaseCoinbase and KrakenKraken, where the SEC has made bold, unproven assertions about securities law and cryptocurrencies.

Comparing Bitcoin and Gold

Gensler has drawn a comparison between bitcoin and gold, suggesting that while one is a commodity with industrial and consumer use, the other is primarily used for ransomware, money laundering, sanctions evasion, terrorist financing, and pure speculation. However, with trillions of dollars invested in gold ETFs, one might argue that gold too serves as a tool for speculation.

Concerns Over Cybersecurity

In recent months, the SEC has made concerted efforts to highlight the cybersecurity risks related to cryptocurrencies as part of their broader initiative to reinforce corporate security protocols. Ironically, the SEC experienced its own security incident when an unknown actor breached the SEC's Twitter account to post about bitcoin ETFs, leading to speculation whether this was an inside job to prove that bitcoin markets could be manipulated.

Regardless, the incident could bring embarrassment for Gensler if an investigation by the SEC's sister agency/rival, the Commodities Futures Trading Commission, is initiated. Moreover, several U.S. Senators have already expressed interest in probing the widespread confusion caused.

Overall, it appears Gensler's initial time in office has been eventful, marked by a firm stance against cryptocurrencies. Despite his academic background in blockchain, his actions indicate a lack of support for the industry. Despite these challenges, the growing demand and eventual approval of bitcoin ETFs highlight the ongoing shift in the financial landscape.

Edited by Jonathan Stoker

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