Coin Center Slams Stablecoin Bill as Unconstitutional, Stifling Innovation

Coin Center, a pro-crypto organization, strongly opposes the recently proposed Lummis-Gillibrand Payment Stablecoin Act, calling it "unconstitutional" and detrimental to innovation. The bill proposes banning algorithmic stablecoins and requiring one-to-one reserves for stablecoin issuers. Coin Center argues that the ban infringes ondevelopers' free speech rights and proposes alternative measures like SEC registration for issuers.

Coin Center Denounces Proposed Stablecoin Regulation as Unconstitutional, Impeding Innovation

January 27, 2023

Amidst the rapidly evolving cryptocurrency landscape, Coin Center, a leading non-profit advocating for digital asset law and policy, has vehemently opposed a recently proposed legislative bill, the Lummis-Gillibrand Payment Stablecoin Act. In a comprehensive public statement released last Friday, Coin Center condemned the bill, labeling it as "unconstitutional" and detrimental to the advancement of the digital asset industry.

Lummis-Gillibrand Payment Stablecoin Act: A Contentious Proposal

Introduced by Senators Kirsten Gillibrand and Cynthia Lummis, the Lummis-Gillibrand Payment Stablecoin Act aims to establish a comprehensive regulatory framework for the use and operation of stablecoins within the United States. Stablecoins are a type of cryptocurrency that is pegged to the value of a fiat currency, such as the US dollar, and are often utilized as a means of payment or as a store of value.

The proposed legislation places a strong emphasis on investor protection, mandating strict compliance with existing anti-money laundering and sanction regulations. However, one of the most contentious provisions of the bill is the requirement that stablecoin issuers maintain one-to-one reserves, effectively banning algorithmic stablecoins. Algorithmic stablecoins rely on computer programs to adjust supply based on demand, a mechanism that has been met with skepticism and regulatory concerns in the wake of the Terra-Luna ecosystem collapse in 2022.

Coin Center's Strident Opposition: Innovation and Constitutional Concerns

Coin Center has taken a firm stance against the Lummis-Gillibrand Payment Stablecoin Act, citing concerns about its impact on innovation and its potential violation of the First Amendment. The organization acknowledges the validity of concerns regarding algorithmic stablecoins but argues that an outright ban is an excessive measure that stifles innovation in the crypto space.

Coin Center maintains that prohibiting algorithmic stablecoins could be interpreted as a violation of the First Amendment rights of developers who publish code, particularly freedom of speech. Instead of a ban, the organization suggests alternative measures, such as mandating issuers of algorithmic stablecoins to register with the Securities and Exchange Commission (SEC) to ensure transparency and accountability.

Coin Center also references the "Clarity for Payment Stablecoins Act," introduced in 2021, which proposes a two-year moratorium on newly launched algorithmic stablecoins. While Coin Center does not fully endorse the moratorium, they view it as a more reasonable approach compared to an outright ban, allowing for further research and development to address potential risks.

Global Stablecoin Market Growth and Regulatory Landscape

Despite the regulatory uncertainty surrounding stablecoins, the global stablecoin market has witnessed significant growth in recent years. Data from DeFiLlama reveals a notable 21.95% increase in the total stablecoin market cap since January 1, 2023, rising from $139.342 billion to $158.957 billion.

Tether USD (USDT) continues to dominate the market, accounting for a substantial 69.10% share, valued at $109.84 billion. USD Coin (USDC) holds a respectable 20.90% market share, with a cap of $33.223 billion. Other notable stablecoins include Dai (DAI), First Digital USD (FUSD), and Athena USDe (USDe).

The debate over stablecoin regulations is expected to continue evolving, with stakeholders like Coin Center advocating for a balanced approach that encourages innovation while addressing concerns about investor protection and stability in the crypto market.

Balancing Innovation and Regulation: A Delicate Task

The Lummis-Gillibrand Payment Stablecoin Act highlights a fundamental tension in the crypto space: how to ensure investor protection without hampering technological progress. While regulation is necessary to address concerns and protect consumers, it must be crafted carefully to avoid unintended consequences.

For stablecoins and the broader crypto ecosystem to remain sustainable, regulators and industry advocates must find common ground. By fostering dialogue and collaboration, it is possible to develop a regulatory framework that strikes the delicate balance between innovation and investor protection, allowing the digital asset industry to thrive while mitigating potential risks.