More on Economics & Investing
Theresa W. Carey
2 years ago
How Payment for Order Flow (PFOF) Works
What is PFOF?
PFOF is a brokerage firm's compensation for directing orders to different parties for trade execution. The brokerage firm receives fractions of a penny per share for directing the order to a market maker.
Each optionable stock could have thousands of contracts, so market makers dominate options trades. Order flow payments average less than $0.50 per option contract.
Order Flow Payments (PFOF) Explained
The proliferation of exchanges and electronic communication networks has complicated equity and options trading (ECNs) Ironically, Bernard Madoff, the Ponzi schemer, pioneered pay-for-order-flow.
In a December 2000 study on PFOF, the SEC said, "Payment for order flow is a method of transferring trading profits from market making to brokers who route customer orders to specialists for execution."
Given the complexity of trading thousands of stocks on multiple exchanges, market making has grown. Market makers are large firms that specialize in a set of stocks and options, maintaining an inventory of shares and contracts for buyers and sellers. Market makers are paid the bid-ask spread. Spreads have narrowed since 2001, when exchanges switched to decimals. A market maker's ability to play both sides of trades is key to profitability.
Benefits, requirements
A broker receives fees from a third party for order flow, sometimes without a client's knowledge. This invites conflicts of interest and criticism. Regulation NMS from 2005 requires brokers to disclose their policies and financial relationships with market makers.
Your broker must tell you if it's paid to send your orders to specific parties. This must be done at account opening and annually. The firm must disclose whether it participates in payment-for-order-flow and, upon request, every paid order. Brokerage clients can request payment data on specific transactions, but the response takes weeks.
Order flow payments save money. Smaller brokerage firms can benefit from routing orders through market makers and getting paid. This allows brokerage firms to send their orders to another firm to be executed with other orders, reducing costs. The market maker or exchange benefits from additional share volume, so it pays brokerage firms to direct traffic.
Retail investors, who lack bargaining power, may benefit from order-filling competition. Arrangements to steer the business in one direction invite wrongdoing, which can erode investor confidence in financial markets and their players.
Pay-for-order-flow criticism
It has always been controversial. Several firms offering zero-commission trades in the late 1990s routed orders to untrustworthy market makers. During the end of fractional pricing, the smallest stock spread was $0.125. Options spreads widened. Traders found that some of their "free" trades cost them a lot because they weren't getting the best price.
The SEC then studied the issue, focusing on options trades, and nearly decided to ban PFOF. The proliferation of options exchanges narrowed spreads because there was more competition for executing orders. Options market makers said their services provided liquidity. In its conclusion, the report said, "While increased multiple-listing produced immediate economic benefits to investors in the form of narrower quotes and effective spreads, these improvements have been muted with the spread of payment for order flow and internalization."
The SEC allowed payment for order flow to continue to prevent exchanges from gaining monopoly power. What would happen to trades if the practice was outlawed was also unclear. SEC requires brokers to disclose financial arrangements with market makers. Since then, the SEC has watched closely.
2020 Order Flow Payment
Rule 605 and Rule 606 show execution quality and order flow payment statistics on a broker's website. Despite being required by the SEC, these reports can be hard to find. The SEC mandated these reports in 2005, but the format and reporting requirements have changed over the years, most recently in 2018.
Brokers and market makers formed a working group with the Financial Information Forum (FIF) to standardize order execution quality reporting. Only one retail brokerage (Fidelity) and one market maker remain (Two Sigma Securities). FIF notes that the 605/606 reports "do not provide the level of information that allows a retail investor to gauge how well a broker-dealer fills a retail order compared to the NBBO (national best bid or offer’) at the time the order was received by the executing broker-dealer."
In the first quarter of 2020, Rule 606 reporting changed to require brokers to report net payments from market makers for S&P 500 and non-S&P 500 equity trades and options trades. Brokers must disclose payment rates per 100 shares by order type (market orders, marketable limit orders, non-marketable limit orders, and other orders).
Richard Repetto, Managing Director of New York-based Piper Sandler & Co., publishes a report on Rule 606 broker reports. Repetto focused on Charles Schwab, TD Ameritrade, E-TRADE, and Robinhood in Q2 2020. Repetto reported that payment for order flow was higher in the second quarter than the first due to increased trading activity, and that options paid more than equities.
Repetto says PFOF contributions rose overall. Schwab has the lowest options rates, while TD Ameritrade and Robinhood have the highest. Robinhood had the highest equity rating. Repetto assumes Robinhood's ability to charge higher PFOF reflects their order flow profitability and that they receive a fixed rate per spread (vs. a fixed rate per share by the other brokers).
Robinhood's PFOF in equities and options grew the most quarter-over-quarter of the four brokers Piper Sandler analyzed, as did their implied volumes. All four brokers saw higher PFOF rates.
TD Ameritrade took the biggest income hit when cutting trading commissions in fall 2019, and this report shows they're trying to make up the shortfall by routing orders for additional PFOF. Robinhood refuses to disclose trading statistics using the same metrics as the rest of the industry, offering only a vague explanation on their website.
Summary
Payment for order flow has become a major source of revenue as brokers offer no-commission equity (stock and ETF) orders. For retail investors, payment for order flow poses a problem because the brokerage may route orders to a market maker for its own benefit, not the investor's.
Infrequent or small-volume traders may not notice their broker's PFOF practices. Frequent traders and those who trade larger quantities should learn about their broker's order routing system to ensure they're not losing out on price improvement due to a broker prioritizing payment for order flow.
This post is a summary. Read full article here
Trevor Stark
2 years ago
Economics is complete nonsense.
Mainstream economics haven't noticed.
What come to mind when I say the word "economics"?
Probably GDP, unemployment, and inflation.
If you've ever watched the news or listened to an economist, they'll use data like these to defend a political goal.
The issue is that these statistics are total bunk.
I'm being provocative, but I mean it:
The economy is not measured by GDP.
How many people are unemployed is not counted in the unemployment rate.
Inflation is not measured by the CPI.
All orthodox economists' major economic statistics are either wrong or falsified.
Government institutions create all these stats. The administration wants to reassure citizens the economy is doing well.
GDP does not reflect economic expansion.
GDP measures a country's economic size and growth. It’s calculated by the BEA, a government agency.
The US has the world's largest (self-reported) GDP, growing 2-3% annually.
If GDP rises, the economy is healthy, say economists.
Why is the GDP flawed?
GDP measures a country's yearly spending.
The government may adjust this to make the economy look good.
GDP = C + G + I + NX
C = Consumer Spending
G = Government Spending
I = Investments (Equipment, inventories, housing, etc.)
NX = Exports minus Imports
GDP is a country's annual spending.
The government can print money to boost GDP. The government has a motive to increase and manage GDP.
Because government expenditure is part of GDP, printing money and spending it on anything will raise GDP.
They've done this. Since 1950, US government spending has grown 8% annually, faster than GDP.
In 2022, government spending accounted for 44% of GDP. It's the highest since WWII. In 1790-1910, it was 3% of GDP.
Who cares?
The economy isn't only spending. Focus on citizens' purchasing power or quality of life.
Since GDP just measures spending, the government can print money to boost GDP.
Even if Americans are poorer than last year, economists can say GDP is up and everything is fine.
How many people are unemployed is not counted in the unemployment rate.
The unemployment rate measures a country's labor market. If unemployment is high, people aren't doing well economically.
The BLS estimates the (self-reported) unemployment rate as 3-4%.
Why is the unemployment rate so high?
The US government surveys 100k persons to measure unemployment. They extrapolate this data for the country.
They come into 3 categories:
Employed
People with jobs are employed … duh.
Unemployed
People who are “jobless, looking for a job, and available for work” are unemployed
Not in the labor force
The “labor force” is the employed + the unemployed.
The unemployment rate is the percentage of unemployed workers.
Problem is unemployed definition. You must actively seek work to be considered unemployed.
You're no longer unemployed if you haven't interviewed in 4 weeks.
This shit makes no goddamn sense.
Why does this matter?
You can't interview if there are no positions available. You're no longer unemployed after 4 weeks.
In 1994, the BLS redefined "unemployed" to exclude discouraged workers.
If you haven't interviewed in 4 weeks, you're no longer counted in the unemployment rate.
If unemployment were measured by total unemployed, it would be 25%.
Because the government wants to keep the unemployment rate low, they modify the definition.
If every US resident was unemployed and had no job interviews, economists would declare 0% unemployment. Excellent!
Inflation is not measured by the CPI.
The BLS measures CPI. This month was the highest since 1981.
CPI measures the cost of a basket of products across time. Food, energy, shelter, and clothes are included.
A 9.1% CPI means the basket of items is 9.1% more expensive.
What is the CPI problem?
Here's a more detailed explanation of CPI's flaws.
In summary, CPI is manipulated to be understated.
Housing costs are understated to manipulate CPI. Housing accounts for 33% of the CPI because it's the biggest expense for most people.
This signifies it's the biggest CPI weight.
Rather than using actual house prices, the Bureau of Labor Statistics essentially makes shit up. You can read more about the process here.
Surprise! It’s bullshit
The BLS stated Shelter's price rose 5.5% this month.
House prices are up 11-21%. (Source 1, Source 2, Source 3)
Rents are up 14-26%. (Source 1, Source 2)
Why is this important?
If CPI included housing prices, it would be 12-15 percent this month, not 9.1 percent.
9% inflation is nuts. Your money's value halves every 7 years at 9% inflation.
Worse is 15% inflation. Your money halves every 4 years at 15% inflation.
If everyone realized they needed to double their wage every 4-5 years to stay wealthy, there would be riots.
Inflation drains our money's value so the government can keep printing it.
The Solution
Most individuals know the existing system doesn't work, but can't explain why.
People work hard yet lag behind. The government lies about the economy's data.
In reality:
GDP has been down since 2008
25% of Americans are unemployed
Inflation is actually 15%
People might join together to vote out kleptocratic politicians if they knew the reality.
Having reliable economic data is the first step.
People can't understand the situation without sufficient information. Instead of immigrants or billionaires, people would blame liar politicians.
Here’s the vision:
A decentralized, transparent, and global dashboard that tracks economic data like GDP, unemployment, and inflation for every country on Earth.
Government incentives influence economic statistics.
ShadowStats has already started this effort, but the calculations must be transparent, decentralized, and global to be effective.
If interested, email me at trevorstark02@gmail.com.
Here are some links to further your research:
Desiree Peralta
2 years ago
How to Use the 2023 Recession to Grow Your Wealth Exponentially
This season's three best money moves.
“Millionaires are made in recessions.” — Time Capital
We're in a serious downturn, whether or not we're in a recession.
97% of business owners are decreasing costs by more than 10%, and all markets are down 30%.
If you know what you're doing and analyze the markets correctly, this is your chance to become a millionaire.
In any recession, there are always excellent possibilities to seize. Real estate, crypto, stocks, enterprises, etc.
What you do with your money could influence your future riches.
This article analyzes the three key markets, their circumstances for 2023, and how to profit from them.
Ways to make money on the stock market.
If you're conservative like me, you should invest in an index fund. Most of these funds are down 10-30% of ATH:
In earlier recessions, most money index funds lost 20%. After this downturn, they grew and passed the ATH in subsequent months.
Now is the greatest moment to invest in index funds to grow your money in a low-risk approach and make 20%.
If you want to be risky but wise, pick companies that will get better next year but are struggling now.
Even while we can't be 100% confident of a company's future performance, we know some are strong and will have a fantastic year.
Microsoft (down 22%), JPMorgan Chase (15.6%), Amazon (45%), and Disney (33.8%).
These firms give dividends, so you can earn passively while you wait.
So I consider that a good strategy to make wealth in the current stock market is to create two portfolios: one based on index funds to earn 10% to 20% profit when the corrections end, and the other based on individual stocks of popular and strong companies to earn 20%-30% return and dividends while you wait.
How to profit from the downturn in the real estate industry.
With rising mortgage rates, it's the worst moment to buy a home if you don't want to be eaten by banks. In the U.S., interest rates are double what they were three years ago, so buying now looks foolish.
Due to these rates, property prices are falling, but that won't last long since individuals will take advantage.
According to historical data, now is the ideal moment to buy a house for the next five years and perhaps forever.
If you can buy a house, do it. You can refinance the interest at a lower rate with acceptable credit, but not the house price.
Take advantage of the housing market prices now because you won't find a decent deal when rates normalize.
How to profit from the cryptocurrency market.
This is the riskiest market to tackle right now, but it could offer the most opportunities if done appropriately.
The most powerful cryptocurrencies are down more than 60% from last year: $68,990 for BTC and $4,865 for ETH.
If you focus on those two coins, you can make 30%-60% without waiting for them to return to their ATH, and they're low enough to be a solid investment.
I don't encourage trying other altcoins because the crypto market is in crisis and you can lose everything if you're greedy.
Still, the main Cryptos are a good investment provided you store them in an external wallet and follow financial gurus' security advice.
Last thoughts
We can't anticipate a recession until it ends. We can't forecast a market or asset's lowest point, therefore waiting makes little sense.
If you want to develop your wealth, assess the money prospects on all the marketplaces and initiate long-term trades.
Many millionaires are made during recessions because they don't fear negative figures and use them to scale their money.
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Jano le Roux
2 years ago
Quit worrying about Twitter: Elon moves quickly before refining
Elon's rides start rough, but then...
Elon Musk has never been so hated.
They don’t get Elon.
He began using PayPal in this manner.
He began with SpaceX in a similar manner.
He began with Tesla in this manner.
Disruptive.
Elon had rocky starts. His creativity requires it. Just like writing a first draft.
His fastest way to find the way is to avoid it.
PayPal's pricey launch
PayPal was a 1999 business flop.
They were considered insane.
Elon and his co-founders had big plans for PayPal. They adopted the popular philosophy of the time, exchanging short-term profit for growth, and pulled off a miracle just before the bubble burst.
PayPal was created as a dollar alternative. Original PayPal software allowed PalmPilot money transfers. Unfortunately, there weren't enough PalmPilot users.
Since everyone had email, the company emailed payments. Costs rose faster than sales.
The startup wanted to get a million subscribers by paying $10 to sign up and $10 for each referral. Elon thought the price was fair because PayPal made money by charging transaction fees. They needed to make money quickly.
A Wall Street Journal article valuing PayPal at $500 million attracted investors. The dot-com bubble burst soon after they rushed to get financing.
Musk and his partners sold PayPal to eBay for $1.5 billion in 2002. Musk's most successful company was PayPal.
SpaceX's start-up error
Elon and his friends bought a reconditioned ICBM in Russia in 2002.
He planned to invest much of his wealth in a stunt to promote NASA and space travel.
Many called Elon crazy.
The goal was to buy a cheap Russian rocket to launch mice or plants to Mars and return them. He thought SpaceX would revive global space interest. After a bad meeting in Moscow, Elon decided to build his own rockets to undercut launch contracts.
Then SpaceX was founded.
Elon’s plan was harder than expected.
Explosions followed explosions.
Millions lost on cargo.
Millions lost on the rockets.
Investors thought Elon was crazy, but he wasn't.
NASA's biggest competitor became SpaceX. NASA hired SpaceX to handle many of its missions.
Tesla's shaky beginning
Tesla began shakily.
Clients detested their roadster.
They continued to miss deadlines.
Lotus would handle the car while Tesla focused on the EV component, easing Tesla's entry. The business experienced elegance creep. Modifying specific parts kept the car from getting worse.
Cost overruns, delays, and other factors changed the Elise-like car's appearance. Only 7% of the Tesla Roadster's parts matched its Lotus twin.
Tesla was about to die.
Elon saved the mess as CEO.
He fired 25% of the workforce to reduce costs.
Elon Musk transformed Tesla into the world's most valuable automaker by running it like a startup.
Tesla hasn't spent a dime on advertising. They let the media do the talking by investing in innovation.
Elon sheds. Elon tries. Elon learns. Elon refines.
Twitter doesn't worry me.
The media is shocked. I’m not.
This is just Elon being Elon.
Elon makes lean.
Elon tries new things.
Elon listens to feedback.
Elon refines.
Besides Twitter will always be Twitter.
Sanjay Priyadarshi
2 years ago
Meet a Programmer Who Turned Down Microsoft's $10,000,000,000 Acquisition Offer
Failures inspire young developers
Jason citron created many products.
These products flopped.
Microsoft offered $10 billion for one of these products.
He rejected the offer since he was so confident in his success.
Let’s find out how he built a product that is currently valued at $15 billion.
Early in his youth, Jason began learning to code.
Jason's father taught him programming and IT.
His father wanted to help him earn money when he needed it.
Jason created video games and websites in high school.
Jason realized early on that his IT and programming skills could make him money.
Jason's parents misjudged his aptitude for programming.
Jason frequented online programming communities.
He looked for web developers. He created websites for those people.
His parents suspected Jason sold drugs online. When he said he used programming to make money, they were shocked.
They helped him set up a PayPal account.
Florida higher education to study video game creation
Jason never attended an expensive university.
He studied game design in Florida.
“Higher Education is an interesting part of society… When I work with people, the school they went to never comes up… only thing that matters is what can you do…At the end of the day, the beauty of silicon valley is that if you have a great idea and you can bring it to the life, you can convince a total stranger to give you money and join your project… This notion that you have to go to a great school didn’t end up being a thing for me.”
Jason's life was altered by Steve Jobs' keynote address.
After graduating, Jason joined an incubator.
Jason created a video-dating site first.
Bad idea.
Nobody wanted to use it when it was released, so they shut it down.
He made a multiplayer game.
It was released on Bebo. 10,000 people played it.
When Steve Jobs unveiled the Apple app store, he stopped playing.
The introduction of the app store resembled that of a new gaming console.
Jason's life altered after Steve Jobs' 2008 address.
“Whenever a new video game console is launched, that’s the opportunity for a new video game studio to get started, it’s because there aren’t too many games available…When a new PlayStation comes out, since it’s a new system, there’s only a handful of titles available… If you can be a launch title you can get a lot of distribution.”
Apple's app store provided a chance to start a video game company.
They released an app after 5 months of work.
Aurora Feint is the game.
Jason believed 1000 players in a week would be wonderful. A thousand players joined in the first hour.
Over time, Aurora Feints' game didn't gain traction. They don't make enough money to keep playing.
They could only make enough for one month.
Instead of buying video games, buy technology
Jason saw that they established a leaderboard, chat rooms, and multiplayer capabilities and believed other developers would want to use these.
They opted to sell the prior game's technology.
OpenFeint.
Assisting other game developers
They had no money in the bank to create everything needed to make the technology user-friendly.
Jason and Daniel designed a website saying:
“If you’re making a video game and want to have a drop in multiplayer support, you can use our system”
TechCrunch covered their website launch, and they gained a few hundred mailing list subscribers.
They raised seed funding with the mailing list.
Nearly all iPhone game developers started adopting the Open Feint logo.
“It was pretty wild… It was really like a whole social platform for people to play with their friends.”
What kind of a business model was it?
OpenFeint originally planned to make the software free for all games. As the game gained popularity, they demanded payment.
They later concluded it wasn't a good business concept.
It became free eventually.
Acquired for $104 million
Open Feint's users and employees grew tremendously.
GREE bought OpenFeint for $104 million in April 2011.
GREE initially committed to helping Jason and his team build a fantastic company.
Three or four months after the acquisition, Jason recognized they had a different vision.
He quit.
Jason's Original Vision for the iPad
Jason focused on distribution in 2012 to help businesses stand out.
The iPad market and user base were growing tremendously.
Jason said the iPad may replace mobile gadgets.
iPad gamers behaved differently than mobile gamers.
People sat longer and experienced more using an iPad.
“The idea I had was what if we built a gaming business that was more like traditional video games but played on tablets as opposed to some kind of mobile game that I’ve been doing before.”
Unexpected insight after researching the video game industry
Jason learned from studying the gaming industry that long-standing companies had advantages beyond a single release.
Previously, long-standing video game firms had their own distribution system. This distribution strategy could buffer time between successful titles.
Sony, Microsoft, and Valve all have gaming consoles and online stores.
So he built a distribution system.
He created a group chat app for gamers.
He envisioned a team-based multiplayer game with text and voice interaction.
His objective was to develop a communication network, release more games, and start a game distribution business.
Remaking the video game League of Legends
Jason and his crew reimagined a League of Legends game mode for 12-inch glass.
They adapted the game for tablets.
League of Legends was PC-only.
So they rebuilt it.
They overhauled the game and included native mobile experiences to stand out.
Hammer and Chisel was the company's name.
18 people worked on the game.
The game was funded. The game took 2.5 years to make.
Was the game a success?
July 2014 marked the game's release. The team's hopes were dashed.
Critics initially praised the game.
Initial installation was widespread.
The game failed.
As time passed, the team realized iPad gaming wouldn't increase much and mobile would win.
Jason was given a fresh idea by Stan Vishnevskiy.
Stan Vishnevskiy was a corporate engineer.
He told Jason about his plan to design a communication app without a game.
This concept seeded modern strife.
“The insight that he really had was to put a couple of dots together… we’re seeing our customers communicating around our own game with all these different apps and also ourselves when we’re playing on PC… We should solve that problem directly rather than needing to build a new game…we should start making it on PC.”
So began Discord.
Online socializing with pals was the newest trend.
Jason grew up playing video games with his friends.
He never played outside.
Jason had many great moments playing video games with his closest buddy, wife, and brother.
Discord was about providing a location for you and your group to speak and hang out.
Like a private cafe, bedroom, or living room.
Discord was developed for you and your friends on computers and phones.
You can quickly call your buddies during a game to conduct a conference call. Put the call on speaker and talk while playing.
Discord wanted to give every player a unique experience. Because coordinating across apps was a headache.
The entire team started concentrating on Discord.
Jason decided Hammer and Chisel would focus on their chat app.
Jason didn't want to make a video game.
How Discord attracted the appropriate attention
During the first five months, the entire team worked on the game and got feedback from friends.
This ensures product improvement. As a result, some teammates' buddies started utilizing Discord.
The team knew it would become something, but the result was buggy. App occasionally crashed.
Jason persuaded a gamer friend to write on Reddit about the software.
New people would find Discord. Why not?
Reddit users discovered Discord and 50 started using it frequently.
Discord was launched.
Rejecting the $10 billion acquisition proposal
Discord has increased in recent years.
It sends billions of messages.
Discord's users aren't tracked. They're privacy-focused.
Purchase offer
Covid boosted Discord's user base.
Weekly, billions of messages were transmitted.
Microsoft offered $10 billion for Discord in 2021.
Jason sold Open Feint for $104m in 2011.
This time, he believed in the product so much that he rejected Microsoft's offer.
“I was talking to some people in the team about which way we could go… The good thing was that most of the team wanted to continue building.”
Last time, Discord was valued at $15 billion.
Discord raised money on March 12, 2022.
The $15 billion corporation raised $500 million in 2021.
Robert Kim
3 years ago
Crypto Legislation Might Progress Beyond Talk in 2022
Financial regulators have for years attempted to apply existing laws to the multitude of issues created by digital assets. In 2021, leading federal regulators and members of Congress have begun to call for legislation to address these issues. As a result, 2022 may be the year when federal legislation finally addresses digital asset issues that have been growing since the mining of the first Bitcoin block in 2009.
Digital Asset Regulation in the Absence of Legislation
So far, Congress has left the task of addressing issues created by digital assets to regulatory agencies. Although a Congressional Blockchain Caucus formed in 2016, House and Senate members introduced few bills addressing digital assets until 2018. As of October 2021, Congress has not amended federal laws on financial regulation, which were last significantly revised by the Dodd-Frank Act in 2010, to address digital asset issues.
In the absence of legislation, issues that do not fit well into existing statutes have created problems. An example is the legal status of digital assets, which can be considered to be either securities or commodities, and can even shift from one to the other over time. Years after the SEC’s 2017 report applying the definition of a security to digital tokens, the SEC and the CFTC have yet to clarify the distinction between securities and commodities for the thousands of digital assets in existence.
SEC Chair Gary Gensler has called for Congress to act, stating in August, “We need additional Congressional authorities to prevent transactions, products, and platforms from falling between regulatory cracks.” Gensler has reached out to Sen. Elizabeth Warren (D-Ma.), who has expressed her own concerns about the need for legislation.
Legislation on Digital Assets in 2021
While regulators and members of Congress talked about the need for legislation, and the debate over cryptocurrency tax reporting in the 2021 infrastructure bill generated headlines, House and Senate bills proposing specific solutions to various issues quietly started to emerge.
Digital Token Sales
Several House bills attempt to address securities law barriers to digital token sales—some of them by building on ideas proposed by regulators in past years.
Exclusion from the definition of a security. Congressional Blockchain Caucus members have been introducing bills to exclude digital tokens from the definition of a security since 2018, and they have revived those bills in 2021. They include the Token Taxonomy Act of 2021 (H.R. 1628), successor to identically named bills in 2018 and 2019, and the Securities Clarity Act (H.R. 4451), successor to a 2020 namesake.
Safe harbor. SEC Commissioner Hester Peirce proposed a regulatory safe harbor for token sales in 2020, and two 2021 bills have proposed statutory safe harbors. Rep. Patrick McHenry (R-N.C.), Republican leader of the House Financial Services Committee, introduced a Clarity for Digital Tokens Act of 2021 (H.R. 5496) that would amend the Securities Act to create a safe harbor providing a grace period of exemption from Securities Act registration requirements. The Digital Asset Market Structure and Investor Protection Act (H.R. 4741) from Rep. Don Beyer (D-Va.) would amend the Securities Exchange Act to define a new type of security—a “digital asset security”—and add issuers of digital asset securities to an existing provision for delayed registration of securities.
Stablecoins
Stablecoins—digital currencies linked to the value of the U.S. dollar or other fiat currencies—have not yet been the subject of regulatory action, although Treasury Secretary Janet Yellen and Federal Reserve Chair Jerome Powell have each underscored the need to create a regulatory framework for them. The Beyer bill proposes to create a regulatory regime for stablecoins by amending Title 31 of the U.S. Code. Treasury Department approval would be required for any “digital asset fiat-based stablecoin” to be issued or used, under an application process to be established by Treasury in consultation with the Federal Reserve, the SEC, and the CFTC.
Serious consideration for any of these proposals in the current session of Congress may be unlikely. A spate of autumn bills on crypto ransom payments (S. 2666, S. 2923, S. 2926, H.R. 5501) shows that Congress is more inclined to pay attention first to issues that are more spectacular and less arcane. Moreover, the arcaneness of digital asset regulatory issues is likely only to increase further, now that major industry players such as Coinbase and Andreessen Horowitz are starting to roll out their own regulatory proposals.
Digital Dollar vs. Digital Yuan
Impetus to pass legislation on another type of digital asset, a central bank digital currency (CBDC), may come from a different source: rivalry with China.
China established itself as a world leader in developing a CBDC with a pilot project launched in 2020, and in 2021, the People’s Bank of China announced that its CBDC will be used at the Beijing Winter Olympics in February 2022. Republican Senators responded by calling for the U.S. Olympic Committee to forbid use of China’s CBDC by U.S. athletes in Beijing and introducing a bill (S. 2543) to require a study of its national security implications.
The Beijing Olympics could motivate a legislative mandate to accelerate implementation of a U.S. digital dollar, which the Federal Reserve has been in the process of considering in 2021. Antecedents to such legislation already exist. A House bill sponsored by 46 Republicans (H.R. 4792) has a provision that would require the Treasury Department to assess China’s CBDC project and report on the status of Federal Reserve work on a CBDC, and the Beyer bill includes a provision amending the Federal Reserve Act to authorize issuing a digital dollar.
Both parties are likely to support creating a digital dollar. The Covid-19 pandemic made a digital dollar for delivery of relief payments a popular idea in 2020, and House Democrats introduced bills with provisions for creating one in 2020 and 2021. Bipartisan support for a bill on a digital dollar, based on concerns both foreign and domestic in nature, could result.
International rivalry and bipartisan support may make the digital dollar a gateway issue for digital asset legislation in 2022. Legislative work on a digital dollar may open the door for considering further digital asset issues—including the regulatory issues that have been emerging for years—in 2022 and beyond.