Lightspeed
April 23, 2025

How To Avoid Regulatory Capture In Crypto | Miller Whitehouse-Levine

Miller Whitehouse-Levine discusses the dangers of regulatory capture within the crypto industry and outlines a principled approach to ecosystem-specific advocacy without undermining fair competition. The conversation explores how regulations, even without malicious intent, can inadvertently create prohibitive barriers favoring incumbents.

The Perils of Regulatory Capture

  • "Yes, I think any regulatory capture play is bad for crypto because I think it undermines innovation and makes it more difficult to operate with legal certainty or more expensive."
  • "If we have legal certainty, but you need $20 billion in order to comply with that certainty, then we've failed... it can't be so difficult that you know only the 10 biggest banks in the world can possibly afford to comply with these things."
  • Regulatory capture, where rules favor specific players, fundamentally stifles crypto innovation.
  • It raises costs and complexity, potentially creating massive financial hurdles (like needing "$20 billion" to comply) that only the wealthiest incumbents can overcome, effectively killing competition.
  • The risk often lies less in deliberate backroom deals and more in the cumulative, unexamined impact of regulations that create overly burdensome compliance regimes.

Threading the Needle: Advocacy Without Capture

  • "Our intent and commitment is that we're going to be pursuing tech-neutral policies. We want a level playing field with clear rules on which everyone can compete."
  • Advocating for a specific ecosystem like Solana while avoiding regulatory capture requires a commitment to tech-neutral policies.
  • The goal isn't to gain an edge over competitors via regulation but to establish clear, fair rules applicable to everyone, ensuring a level playing field.
  • The focus should be on the macro impact of proposed frameworks, ensuring they don't inadvertently create exclusionary moats, rather than getting lost solely in nitty-gritty details.

Key Takeaways:

  • The conversation underscores the critical need for vigilance against regulatory capture, whether intentional or accidental, to preserve crypto's innovative potential. True progress requires frameworks that foster competition, not entrench incumbents.
  • Capture Kills Innovation: Regulations creating excessive costs or complexity, even if providing "certainty," are failures if they price out new entrants and smaller players.
  • Demand Tech-Neutrality: The only sustainable path for crypto regulation involves creating technology-agnostic rules that ensure a fair, level playing field for all participants.
  • Focus on Macro Impact: Evaluate regulations not just on specifics but on their overall effect on market entry, competition, and innovation – avoid accidentally building impenetrable fortresses for incumbents.

Podcast Link: https://www.youtube.com/watch?v=BvCd6kTp3is

This episode tackles the critical threat of regulatory capture in the crypto industry, exploring how specific interests could stifle innovation and why tech-neutral policies are essential for a level playing field.

The Dangers of Regulatory Capture

  • Regulatory Capture Defined: This occurs when regulatory agencies, meant to serve the public interest, advance the commercial or special interests dominating the industry or sector they are charged with regulating. In crypto, this could mean rules favouring established players or specific ecosystems.
  • He explains that such capture inherently undermines innovation, making it harder or significantly more expensive for new entrants to operate with legal certainty.
  • Using a hypothetical (though rumoured) example, Miller illustrates how potential legislation restricting foreign stablecoin issuers from accessing US Treasuries, potentially advocated for by US-based issuers, would exemplify harmful capture.
  • The core concern isn't necessarily malicious intent but the net effect: "if we have legal certainty, but you need $20 billion in order to comply with that certainty, then we've failed." High compliance costs create insurmountable barriers, favouring only heavily resourced entities.

Strategic Implications:

  • Investors and researchers must monitor legislative proposals for signs of capture that could create unfair advantages or stifle disruptive technologies.
  • Policies creating excessive compliance burdens, even under the guise of clarity, pose a significant risk to innovation and decentralization.

Navigating Ecosystem-Specific Advocacy: The Solana Case

  • Miller Whitehouse-Levine, representing Solana interests in Washington, addresses how to balance specific advocacy with broader industry health.
  • He firmly states their commitment is to tech-neutral policies, aiming for clear rules that allow all participants to compete fairly, rather than seeking advantages at the expense of others.
  • His stance is that outcomes favouring one ecosystem over others are suboptimal and counterproductive to the industry's overall growth and innovation potential.
  • Acknowledging the difficulty, Miller suggests transparency and actions will demonstrate their approach: "I think the proof will be in the pudding like you'll see what we'll be doing and our uh intent and commitment is that we're going to be pursuing tech-neutral policies."

Strategic Implications:

  • Evaluate advocacy groups based on their commitment to tech-neutrality versus ecosystem-specific advantages.
  • Support for level playing fields fosters broader innovation, benefiting the entire Crypto AI landscape, rather than creating walled gardens.

Conclusion

This discussion underscores the critical need for vigilance against regulatory capture in crypto. Investors and researchers should prioritize and support efforts focused on tech-neutral frameworks to ensure fair competition and sustained innovation across the ecosystem.

Others You May Like