Congressman Wiley Nickel (D-NC) has strongly criticized the U.S. Securities and Exchange Commission (SEC), accusing the agency of undermining confidence in the regulatory system due to its “regulation by enforcement” approach.
In a recent social media post, Nickel called the SEC’s approach a “blatant abuse of power” that threatens to stifle digital innovation in the US. The congressman is an outspoken supporter of crypto and has consistently pushed for a regulatory framework for the industry to ensure customer protection.
His comments come amid news that the SEC has issued a Wells Notice to OpenSea for alleged violations of securities regulations. This has led to growing concerns in the crypto industry over the watchdog’s handling of regulations regarding digital assets.
Widespread uncertainty
The congressman warned that the SEC’s aggressive enforcement strategy is creating widespread uncertainty, which could derail the progress of emerging technologies, especially in the Web3 and digital asset sectors.
According to Nickel:
“The SEC should choose to work with Congress to create clear, fair regulations through a collaborative and transparent process that includes public input.”
He emphasized that only through such cooperation can a balanced regulatory framework be developed – one that protects consumers and supports, rather than hinders, continued innovation in digital technologies.
Nickel’s statements have resonated with others in the crypto community, many of whom have long criticized the SEC’s enforcement approach.
Calls for cooperation
Lawmakers’ call for a more collaborative regulatory process reflects a broader debate in Washington about how to effectively regulate the rapidly evolving digital assets space without stifling innovation.
The SEC has recently faced backlash for its enforcement actions against major players in the crypto industry, including reported plans to take enforcement action against NFT marketplace OpenSea.
Many critics argue that the SEC is exceeding its legal authority by treating digital assets, including cryptocurrencies and NFTs, as securities without clear regulatory support. They believe that the SEC is expanding its jurisdiction beyond what was originally intended by existing securities laws.
Some further argue that by focusing on enforcement rather than cooperation, the SEC is actually undermining its own goal of protecting consumers. They argue that a more cooperative approach with industry would lead to better, more effective regulation that protects consumers without hindering progress.
