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Will Lockett

Will Lockett

3 years ago

Tesla recently disclosed its greatest secret.

More on Leadership

Al Anany

Al Anany

2 years ago

Because of this covert investment that Bezos made, Amazon became what it is today.

He kept it under wraps for years until he legally couldn’t.

Midjourney

His shirt is incomplete. I can’t stop thinking about this…

Actually, ignore the article. Look at it. JUST LOOK at it… It’s quite disturbing, isn’t it?

Ughh…

Me: “Hey, what up?” Friend: “All good, watching lord of the rings on amazon prime video.” Me: “Oh, do you know how Amazon grew and became famous?” Friend: “Geek alert…Can I just watch in peace?” Me: “But… Bezos?” Friend: “Let it go, just let it go…”

I can question you, the reader, and start answering instantly without his consent. This far.

Reader, how did Amazon succeed? You'll say, Of course, it was an internet bookstore, then it sold everything.

Mistaken. They moved from zero to one because of this. How did they get from one to thousand? AWS-some. Understand? It's geeky and lame. If not, I'll explain my geekiness.

Over an extended period of time, Amazon was not profitable.

Business basics. You want customers if you own a bakery, right?

Well, 100 clients per day order $5 cheesecakes (because cheesecakes are awesome.)

$5 x 100 consumers x 30 days Equals $15,000 monthly revenue. You proudly work here.

Now you have to pay the barista (unless ChatGPT is doing it haha? Nope..)

  • The barista is requesting $5000 a month.

  • Each cheesecake costs the cheesecake maker $2.5 ($2.5 × 100 x 30 = $7500).

  • The monthly cost of running your bakery, including power, is about $5000.

Assume no extra charges. Your operating costs are $17,500.

Just $15,000? You have income but no profit. You might make money selling coffee with your cheesecake next month.

Is losing money bad? You're broke. Losing money. It's bad for financial statements.

It's almost a business ultimatum. Most startups fail. Amazon took nine years.

I'm reading Amazon Unbound: Jeff Bezos and the Creation of a Global Empire to comprehend how a company has a $1 trillion market cap.

Many things made Amazon big. The book claims that Bezos and Amazon kept a specific product secret for a long period.

Clouds above the bald head.

In 2006, Bezos started a cloud computing initiative. They believed many firms like Snapchat would pay for reliable servers.

In 2006, cloud computing was not what it is today. I'll simplify. 2006 had no iPhone.

Bezos invested in Amazon Web Services (AWS) without disclosing its revenue. That's permitted till a certain degree.

Google and Microsoft would realize Amazon is heavily investing in this market and worry.

Bezos anticipated high demand for this product. Microsoft built its cloud in 2010, and Google in 2008.

If you managed Google or Microsoft, you wouldn't know how much Amazon makes from their cloud computing service. It's enough. Yet, Amazon is an internet store, so they'll focus on that.

All but Bezos were wrong.

Time to come clean now.

They revealed AWS revenue in 2015. Two things were apparent:

  1. Bezos made the proper decision to bet on the cloud and keep it a secret.

  2. In this race, Amazon is in the lead.

Synergy Research Group

They continued. Let me list some AWS users today.

  • Netflix

  • Airbnb

  • Twitch

More. Amazon was unprofitable for nine years, remember? This article's main graph.

Visual Capitalist

AWS accounted for 74% of Amazon's profit in 2021. This 74% might not exist if they hadn't invested in AWS.

Bring this with you home.

Amazon predated AWS. Yet, it helped the giant reach $1 trillion. Bezos' secrecy? Perhaps, until a time machine is invented (they might host the time machine software on AWS, though.)

Without AWS, Amazon would have been profitable but unimpressive. They may have invested in anything else that would have returned more (like crypto? No? Ok.)

Bezos has business flaws. His success. His failures include:

  • introducing the Fire Phone and suffering a $170 million loss.

  • Amazon's failure in China In 2011, Amazon had a about 15% market share in China. 2019 saw a decrease of about 1%.

  • not offering a higher price to persuade the creator of Netflix to sell the company to him. He offered a rather reasonable $15 million in his proposal. But what if he had offered $30 million instead (Amazon had over $100 million in revenue at the time)? He might have owned Netflix, which has a $156 billion market valuation (and saved billions rather than invest in Amazon Prime Video).

Some he could control. Some were uncontrollable. Nonetheless, every action he made in the foregoing circumstances led him to invest in AWS.

Florian Wahl

Florian Wahl

3 years ago

An Approach to Product Strategy

I've been pondering product strategy and how to articulate it. Frameworks helped guide our thinking.

If your teams aren't working together or there's no clear path to victory, your product strategy may not be well-articulated or communicated (if you have one).

Before diving into a product strategy's details, it's important to understand its role in the bigger picture — the pieces that move your organization forward.

the overall picture

A product strategy is crucial, in my opinion. It's part of a successful product or business. It's the showpiece.

The Big Picture: Vision, Product Strategy, Goals, Roadmap

To simplify, we'll discuss four main components:

  1. Vision

  2. Product Management

  3. Goals

  4. Roadmap

Vision

Your company's mission? Your company/product in 35 years? Which headlines?

The vision defines everything your organization will do in the long term. It shows how your company impacted the world. It's your organization's rallying cry.

An ambitious but realistic vision is needed.

Without a clear vision, your product strategy may be inconsistent.

Product Management

Our main subject. Product strategy connects everything. It fulfills the vision.

In Part 2, we'll discuss product strategy.

Goals

This component can be goals, objectives, key results, targets, milestones, or whatever goal-tracking framework works best for your organization.

These product strategy metrics will help your team prioritize strategies and roadmaps.

Your company's goals should be unified. This fuels success.

Roadmap

The roadmap is your product strategy's timeline. It provides a prioritized view of your team's upcoming deliverables.

A roadmap is time-bound and includes measurable goals for your company. Your team's steps and capabilities for executing product strategy.

If your team has trouble prioritizing or defining a roadmap, your product strategy or vision is likely unclear.

Formulation of a Product Strategy

Now that we've discussed where your product strategy fits in the big picture, let's look at a framework.

Product Strategy Framework: Challenges, Decided Approach, Actions

A product strategy should include challenges, an approach, and actions.

Challenges

First, analyze the problems/situations you're solving. It can be customer- or company-focused.

The analysis should explain the problems and why they're important. Try to simplify the situation and identify critical aspects.

Some questions:

  • What issues are we attempting to resolve?

  • What obstacles—internal or otherwise—are we attempting to overcome?

  • What is the opportunity, and why should we pursue it, in your opinion?

Decided Method

Second, describe your approach. This can be a set of company policies for handling the challenge. It's the overall approach to the first part's analysis.

The approach can be your company's bets, the solutions you've found, or how you'll solve the problems you've identified.

Again, these questions can help:

  • What is the value that we hope to offer to our clients?

  • Which market are we focusing on first?

  • What makes us stand out? Our benefit over rivals?

Actions

Third, identify actions that result from your approach. Second-part actions should be these.

Coordinate these actions. You may need to add products or features to your roadmap, acquire new capabilities through partnerships, or launch new marketing campaigns. Whatever fits your challenges and strategy.

Final questions:

  • What skills do we need to develop or obtain?

  • What is the chosen remedy? What are the main outputs?

  • What else ought to be added to our road map?

Put everything together

… and iterate!

Strategy isn't one-and-done. Changes occur. Economies change. Competitors emerge. Customer expectations change.

One unexpected event can make strategies obsolete quickly. Muscle it. Review, evaluate, and course-correct your strategies with your teams. Quarterly works. In a new or unstable industry, more often.

Solomon Ayanlakin

Solomon Ayanlakin

3 years ago

Metrics for product management and being a good leader

Never design a product without explicit metrics and tracking tools.

Imagine driving cross-country without a dashboard. How do you know your school zone speed? Low gas? Without a dashboard, you can't monitor your car. You can't improve what you don't measure, as Peter Drucker said. Product managers must constantly enhance their understanding of their users, how they use their product, and how to improve it for optimum value. Customers will only pay if they consistently acquire value from your product.

Product Management Metrics — Measuring the right metrics as a Product Leader by Solomon Ayanlakin

I’m Solomon Ayanlakin. I’m a product manager at CredPal, a financial business that offers credit cards and Buy Now Pay Later services. Before falling into product management (like most PMs lol), I self-trained as a data analyst, using Alex the Analyst's YouTube playlists and DannyMas' virtual data internship. This article aims to help product managers, owners, and CXOs understand product metrics, give a methodology for creating them, and execute product experiments to enhance them.

☝🏽Introduction

Product metrics assist companies track product performance from the user's perspective. Metrics help firms decide what to construct (feature priority), how to build it, and the outcome's success or failure. To give the best value to new and existing users, track product metrics.

Why should a product manager monitor metrics?

  • to assist your users in having a "aha" moment

  • To inform you of which features are frequently used by users and which are not

  • To assess the effectiveness of a product feature

  • To aid in enhancing client onboarding and retention

  • To assist you in identifying areas throughout the user journey where customers are satisfied or dissatisfied

  • to determine the percentage of returning users and determine the reasons for their return

📈 What Metrics Ought a Product Manager to Monitor?

What indicators should a product manager watch to monitor product health? The metrics to follow change based on the industry, business stage (early, growth, late), consumer needs, and company goals. A startup should focus more on conversion, activation, and active user engagement than revenue growth and retention. The company hasn't found product-market fit or discovered what features drive customer value.

Depending on your use case, company goals, or business stage, here are some important product metric buckets:

Popular Product Metric Buckets for Product Teams

All measurements shouldn't be used simultaneously. It depends on your business goals and what value means for your users, then selecting what metrics to track to see if they get it.

Some KPIs are more beneficial to track, independent of industry or customer type. To prevent recording vanity metrics, product managers must clearly specify the types of metrics they should track. Here's how to segment metrics:

  1. The North Star Metric, also known as the Focus Metric, is the indicator and aid in keeping track of the top value you provide to users.

  2. Primary/Level 1 Metrics: These metrics should either add to the north star metric or be used to determine whether it is moving in the appropriate direction. They are metrics that support the north star metric.

  3. These measures serve as leading indications for your north star and Level 2 metrics. You ought to have been aware of certain problems with your L2 measurements prior to the North star metric modifications.

North Star Metric

This is the key metric. A good north star metric measures customer value. It emphasizes your product's longevity. Many organizations fail to grow because they confuse north star measures with other indicators. A good focus metric should touch all company teams and be tracked forever. If a company gives its customers outstanding value, growth and success are inevitable. How do we measure this value?

A north star metric has these benefits:

  • Customer Obsession: It promotes a culture of customer value throughout the entire organization.

  • Consensus: Everyone can quickly understand where the business is at and can promptly make improvements, according to consensus.

  • Growth: It provides a tool to measure the company's long-term success. Do you think your company will last for a long time?

How can I pick a reliable North Star Metric?

Some fear a single metric. Ensure product leaders can objectively determine a north star metric. Your company's focus metric should meet certain conditions. Here are a few:

  1. A good focus metric should reflect value and, as such, should be closely related to the point at which customers obtain the desired value from your product. For instance, the quick delivery to your home is a value proposition of UberEats. The value received from a delivery would be a suitable focal metric to use. While counting orders is alluring, the quantity of successfully completed positive review orders would make a superior north star statistic. This is due to the fact that a client who placed an order but received a defective or erratic delivery is not benefiting from Uber Eats. By tracking core value gain, which is the number of purchases that resulted in satisfied customers, we are able to track not only the total number of orders placed during a specific time period but also the core value proposition.

  2. Focus metrics need to be quantifiable; they shouldn't only be feelings or states; they need to be actionable. A smart place to start is by counting how many times an activity has been completed.

  3. A great focus metric is one that can be measured within predetermined time limits; otherwise, you are not measuring at all. The company can improve that measure more quickly by having time-bound focus metrics. Measuring and accounting for progress over set time periods is the only method to determine whether or not you are moving in the right path. You can then evaluate your metrics for today and yesterday. It's generally not a good idea to use a year as a time frame. Ideally, depending on the nature of your organization and the measure you are focusing on, you want to take into account on a daily, weekly, or monthly basis.

  4. Everyone in the firm has the potential to affect it: A short glance at the well-known AAARRR funnel, also known as the Pirate Metrics, reveals that various teams inside the organization have an impact on the funnel. Ideally, the NSM should be impacted if changes are made to one portion of the funnel. Consider how the growth team in your firm is enhancing customer retention. This would have a good effect on the north star indicator because at this stage, a repeat client is probably being satisfied on a regular basis. Additionally, if the opposite were true and a client churned, it would have a negative effect on the focus metric.

  5. It ought to be connected to the business's long-term success: The direction of sustainability would be indicated by a good north star metric. A company's lifeblood is product demand and revenue, so it's critical that your NSM points in the direction of sustainability. If UberEats can effectively increase the monthly total of happy client orders, it will remain in operation indefinitely.

Many product teams make the mistake of focusing on revenue. When the bottom line is emphasized, a company's goal moves from giving value to extracting money from customers. A happy consumer will stay and pay for your service. Customer lifetime value always exceeds initial daily, monthly, or weekly revenue.

Great North Star Metrics Examples

Notable companies and their North star metrics

🥇 Basic/L1 Metrics:

The NSM is broad and focuses on providing value for users, while the primary metric is product/feature focused and utilized to drive the focus metric or signal its health. The primary statistic is team-specific, whereas the north star metric is company-wide. For UberEats' NSM, the marketing team may measure the amount of quality food vendors who sign up using email marketing. With quality vendors, more orders will be satisfied. Shorter feedback loops and unambiguous team assignments make L1 metrics more actionable and significant in the immediate term.

🥈 Supporting L2 metrics:

These are supporting metrics to the L1 and focus metrics. Location, demographics, or features are examples of L1 metrics. UberEats' supporting metrics might be the number of sales emails sent to food vendors, the number of opens, and the click-through rate. Secondary metrics are low-level and evident, and they relate into primary and north star measurements. UberEats needs a high email open rate to attract high-quality food vendors. L2 is a leading sign for L1.

Product Metrics for UberEats

Where can I find product metrics?

How can I measure in-app usage and activity now that I know what metrics to track? Enter product analytics. Product analytics tools evaluate and improve product management parameters that indicate a product's health from a user's perspective.

Various analytics tools on the market supply product insight. From page views and user flows through A/B testing, in-app walkthroughs, and surveys. Depending on your use case and necessity, you may combine tools to see how users engage with your product. Gainsight, MixPanel, Amplitude, Google Analytics, FullStory, Heap, and Pendo are product tools.

This article isn't sponsored and doesn't market product analytics tools. When choosing an analytics tool, consider the following:

  • Tools for tracking your Focus, L1, and L2 measurements

  • Pricing

  • Adaptations to include external data sources and other products

  • Usability and the interface

  • Scalability

  • Security

An investment in the appropriate tool pays off. To choose the correct metrics to track, you must first understand your business need and what value means to your users. Metrics and analytics are crucial for any tech product's growth. It shows how your business is doing and how to best serve users.

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Scott Galloway

Scott Galloway

3 years ago

Don't underestimate the foolish

ZERO GRACE/ZERO MALICE

Big companies and wealthy people make stupid mistakes too.

Your ancestors kept snakes and drank bad water. You (probably) don't because you've learnt from their failures via instinct+, the ultimate life-lessons streaming network in your head. Instincts foretell the future. If you approach a lion, it'll eat you. Our society's nuanced/complex decisions have surpassed instinct. Human growth depends on how we handle these issues. 80% of people believe they are above-average drivers, yet few believe they make many incorrect mistakes that make them risky. Stupidity hurts others like death. Basic Laws of Human Stupidity by Carlo Cipollas:

  1. Everyone underestimates the prevalence of idiots in our society.

  2. Any other trait a person may have has no bearing on how likely they are to be stupid.

  3. A dumb individual is one who harms someone without benefiting themselves and may even lose money in the process.

  4. Non-dumb people frequently underestimate how destructively powerful stupid people can be.

  5. The most dangerous kind of person is a moron.

Professor Cippola defines stupid as bad for you and others. We underestimate the corporate world's and seemingly successful people's ability to make bad judgments that harm themselves and others. Success is an intoxication that makes you risk-aggressive and blurs your peripheral vision.

Stupid companies and decisions:

Big Dumber

Big-company bad ideas have more bulk and inertia. The world's most valuable company recently showed its board a VR headset. Jony Ive couldn't destroy Apple's terrible idea in 2015. Mr. Ive said that VR cut users off from the outer world, made them seem outdated, and lacked practical uses. Ives' design team doubted users would wear headsets for lengthy periods.

VR has cost tens of billions of dollars over a decade to prove nobody wants it. The next great SaaS startup will likely come from Florence, not Redmond or San Jose.

Apple Watch and Airpods have made the Cupertino company the world's largest jewelry maker. 10.5% of Apple's income, or $38 billion, comes from wearables in 2021. (seven times the revenue of Tiffany & Co.). Jewelry makes you more appealing and useful. Airpods and Apple Watch do both.

Headsets make you less beautiful and useful and promote isolation, loneliness, and unhappiness among American teenagers. My sons pretend they can't hear or see me when on their phones. VR headsets lack charisma.

Coinbase disclosed a plan to generate division and tension within its workplace weeks after Apple was pitched $2,000 smokes. The crypto-trading platform is piloting a program that rates staff after every interaction. If a coworker says anything you don't like, you should tell them how to improve. Everyone gets a 110-point scorecard. Coworkers should evaluate a person's rating while deciding whether to listen to them. It's ridiculous.

Organizations leverage our superpower of cooperation. This encourages non-cooperation, period. Bridgewater's founder Ray Dalio designed the approach to promote extreme transparency. Dalio has 223 billion reasons his managerial style works. There's reason to suppose only a small group of people, largely traders, will endure a granular scorecard. Bridgewater has 20% first-year turnover. Employees cry in bathrooms, and sex scandals are settled by ignoring individuals with poor believability levels. Coinbase might take solace that the stock is 80% below its initial offering price.

Poor Stupid

Fools' ledgers are valuable. More valuable are lists of foolish rich individuals.

Robinhood built a $8 billion corporation on financial ignorance. The firm's median account value is $240, and its stock has dropped 75% since last summer. Investors, customers, and society lose. Stupid. Luna published a comparable list on the blockchain, grew to $41 billion in market cap, then plummeted.

A podcast presenter is recruiting dentists and small-business owners to invest in Elon Musk's Twitter takeover. Investors pay a 7% fee and 10% of the upside for the chance to buy Twitter at a 35% premium to the current price. The proposal legitimizes CNBC's Trade Like Chuck advertising (Chuck made $4,600 into $460,000 in two years). This is stupid because it adds to the Twitter deal's desperation. Mr. Musk made an impression when he urged his lawyers to develop a legal rip-cord (There are bots on the platform!) to abandon the share purchase arrangement (for less than they are being marketed by the podcaster). Rolls-Royce may pay for this list of the dumb affluent because it includes potential Cullinan buyers.

Worst company? Flowcarbon, founded by WeWork founder Adam Neumann, operates at the convergence of carbon and crypto to democratize access to offsets and safeguard the earth's natural carbon sinks. Can I get an ayahuasca Big Gulp?

Neumann raised $70 million with their yogababble drink. More than half of the consideration came from selling GNT. Goddess Nature Token. I hope the company gets an S-1. Or I'll start a decentralized AI Meta Renewable NFTs company. My Community Based Ebitda coin will fund the company. Possible.

Stupidity inside oneself

This weekend, I was in NYC with my boys. My 14-year-old disappeared. He's realized I'm not cool and is mad I let the charade continue. When out with his dad, he likes to stroll home alone and depart before me. Friends told me hell would return, but I was surprised by how fast the eye roll came.

Not so with my 11-year-old. We went to The Edge, a Hudson Yards observation platform where you can see the city from 100 storeys up for $38. This is hell's seventh ring. Leaning into your boys' interests is key to engaging them (dad tip). Neither loves Crossfit, WW2 history, or antitrust law.

We take selfies on the Thrilling Glass Floor he spots. Dad, there's a bar! Coke? I nod, he rushes to the bar, stops, runs back for money, and sprints back. Sitting on stone seats, drinking Atlanta Champagne, he turns at me and asks, Isn't this amazing? I'll never reach paradise.

Later that night, the lads are asleep and I've had two Zacapas and Cokes. I SMS some friends about my day and how I feel about sons/fatherhood/etc. How I did. They responded and approached. The next morning, I'm sober, have distance from my son, and feel ashamed by my texts. Less likely to impulsively share my emotions with others. Stupid again.

Nick

Nick

3 years ago

This Is How Much Quora Paid Me For 23 Million Content Views

You’ll be surprised; I sure was

Photo by Burst from Pexels

Blogging and writing online as a side income has now been around for a significant amount of time. Nowadays, it is a continuously rising moneymaker for prospective writers, with several writing platforms existing online. At the top of the list are Medium, Vocal Media, Newsbreak, and the biggest one of them, Quora, with 300 million active users.

Quora, unlike Medium, is a question-and-answer format platform. On Medium you are permitted to write what you want, while on Quora, you answer questions on topics that you have expertise about. Quora, like Medium, now compensates its authors for the answers they provide in comparison to the previous, in which you had to be admitted to the partner program and were paid to ask questions.

Quora just recently went live with this new partner program, Quora Plus, and the way it works is that it is a subscription for $5 a month which provides you access to metered/monetized stories, in turn compensating the writers for part of that subscription for their answers.

I too on Quora have found a lot of success on the platform, gaining 23 Million Content Views, and 300,000 followers for my space, which is kind of the Quora equivalent of a Medium article. The way in which I was able to do this was entirely thanks to a hack that I uncovered to the Quora algorithm.

In this article, I plan on discussing how much money I received from 23 million content views on Quora, and I bet you’ll be shocked; I know I was.

A Brief Explanation of How I Got 23 Million Views and How You Can Do It Too

On Quora, everything in terms of obtaining views is about finding the proper question, which I only understood quite late into the game. I published my first response in 2019 but never actually wrote on Quora until the summer of 2020, and about a month into posting consistently I found out how to find the perfect question. Here’s how:

The Process

Go to your Home Page and start scrolling… While browsing, check for the following things…

  1. Answers from people you follow or your followers.

  2. Advertisements

These two things are the two things you want to ignore, you don’t want to answer those questions or look at the ads. You should now be left with a couple of recommended answers. To discover which recommended answer is the best to answer as well, look at these three important aspects.

  1. Date of the answer: Was it in the past few days, preferably 2–3 days, even better, past 24 hours?

  2. Views: Are they in the ten thousands or hundred thousands?

  3. Upvotes: Are they in the hundreds or thousands?

Now, choose an answer to a question which you think you could answer as well that satisfies the requirements above. Once you click on it, as all answers on Quora works, it will redirect you to the page for that question, in which you will have to select once again if you should answer the question.

  1. Amount of answers: How many responses are there to the given question? This tells you how much competition you have. My rule is beyond 25 answers, you shouldn’t answer, but you can change it anyway you’d like.

  2. Answerers: Who did the answering for the question? If the question includes a bunch of renowned, extremely well-known people on Quora, there’s a good possibility your essay is going to get drowned out.

  3. Views: Check for a constant quantity of high views on each answer for the question; this is what will guarantee that your answer gets a lot of views!

The Income Reveal! How Much I Made From 23 Million Content Views

DRUM ROLL, PLEASE!

8.97 USD. Yes, not even ten dollars, not even nine. Just eight dollars and ninety-seven cents.

Possible Reasons for My Low Earnings

  • Quora Plus and the answering partner program are newer than my Quora views.

  • Few people use Quora+, therefore revenues are low.

  • I haven't been writing much on Quora, so I'm only making money from old answers and a handful since Quora Plus launched.

  • Quora + pays poorly...

Should You Try Quora and Quora For Money?

My answer depends on your needs. I never got invited to Quora's question partner program due to my late start, but other writers have made hundreds. Due to Quora's new and competitive answering partner program, you may not make much money.

If you want a fun writing community, try Quora. Quora was fun when I only made money from my space. Quora +'s paywalls and new contributors eager to make money have made the platform less fun for me.


This article is a summary to save you time. You can read my full, more detailed article, here.

Robert Kim

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.