The cryptocurrency industry has been at odds with the Biden administration for years, but executives are now anticipating a more crypto-friendly approach from the next administration, regardless of who wins the White House. Crypto asset managers are planning new products, while others are pushing for legislative changes in the new Congress. The industry is hopeful that a shift in the political climate will pave the way for greater innovation and adoption of digital assets.

Crypto Executives Optimistic About Future Regulatory Environment

A New Era of Crypto-Friendly Policies

The crypto industry has long been at odds with the Biden administration, particularly over regulatory issues. However, executives are now anticipating a more favorable regulatory environment under the next administration, regardless of whether it's led by a Republican or Democrat. Bitwise and Canary Capital, for instance, are planning new crypto products in anticipation of a more crypto-friendly approach from the incoming administration. Ripple, meanwhile, is preparing to push for crypto-specific legislation in the new Congress."Regardless who wins, there will be a new approach to how we move forward with crypto," said Rebecca Rettig, chief legal and policy officer at crypto company Polygon Labs. This sentiment is echoed by other industry leaders, who believe that both Republican candidate Donald Trump and Democratic candidate Kamala Harris are likely to take a softer stance on crypto regulation compared to the current administration.

Kamala Harris' Crypto Stance

While Harris has not yet detailed her specific crypto plans, executives have been encouraged by her promise to promote digital asset innovation and protect crypto investors. Her surrogate and billionaire entrepreneur Mark Cuban, a crypto enthusiast, has also criticized the crypto crackdown under Securities and Exchange Commission (SEC) Chair Gary Gensler, a Biden appointee."Absolutely it will be friendlier under a Harris admin," Cuban wrote in an email to Reuters, adding that her promise to protect crypto users was "important." This sentiment is shared by many in the industry, who believe that a Harris administration would be more receptive to the needs and concerns of the crypto community.

Regulatory Challenges Under the Biden Administration

The current administration, led by President Joe Biden, has taken a more aggressive approach to crypto regulation. SEC Chair Gensler has insisted that the crypto industry poses a risk to investors, pointing to the collapse of FTX and other high-profile bankruptcies and scams. The SEC has brought numerous enforcement actions against major crypto companies, accusing them of flouting U.S. securities laws.The crypto industry has pushed back against these allegations, arguing that cryptocurrencies should be regulated like commodities rather than securities. They have also criticized the SEC's guidance, known as SAB 121, which requires public companies to account for crypto assets held on behalf of others as liabilities due to their riskiness. This guidance has kept many lenders on the crypto sidelines, as strict capital rules require banks to hold cash against liabilities.

Bipartisan Support for Crypto Regulation

Despite the tensions between the crypto industry and the Biden administration, there has been some bipartisan support for crypto-friendly policies. In May, Congress voted on a bipartisan basis to overturn the SEC's SAB 121 guidance, though the resolution was ultimately vetoed by President Biden.This bipartisan support has given the crypto industry hope that a new administration, regardless of party affiliation, will be more receptive to their concerns. Executives believe that the SEC under a Harris administration is likely to review or even rescind the SAB 121 guidance, which they see as a major obstacle to the growth and adoption of cryptocurrencies.

Crypto Industry's Political Influence

The crypto industry has also been flexing its political muscle, with companies like Ripple, Coinbase, and others spending millions of dollars to back pro-crypto congressional candidates. Their goal is to advance legislation that would propel stablecoins, crypto tokens pegged to the U.S. dollar, into the mainstream."For the crypto industry, this election isn't about choosing one party over another – this is about supporting candidates who recognize that the U.S. needs to support innovation," said Lauren Belive, Ripple's head of U.S. policy.This political activity has not gone unnoticed, with some influential progressive lawmakers pressuring the SEC to take a tougher stance on crypto. However, there are also concerns that this approach may be alienating some voters, which could work in the industry's favor in the long run.

Signs of a Thaw in Crypto Regulation

Despite the ongoing regulatory challenges, there are already signs of a thaw in the crypto regulatory environment. In August, State Street announced plans to offer crypto custody, expecting the SEC to eventually revise the SAB 121 guidance. Additionally, the SEC has granted a "no objection" allowing BNY Mellon to custody cryptocurrencies held by exchange-traded products without having to account for them as liabilities.These developments, coupled with the bipartisan support for crypto-friendly policies, have given the industry a sense of optimism about the future. Executives believe that, regardless of who wins the White House, the crypto markets will be looking at a more favorable regulatory environment in the new year."There's clearly a recognition by both presidential candidates that digital assets can play a positive economic role," said Sui Chung, CEO of Kraken subsidiary CF Benchmarks. This recognition, combined with the industry's growing political influence, suggests that the crypto sector may be poised for a significant shift in the regulatory landscape in the coming years.