Solana Policy Institute Urges SEC to Differentiate Between Centralized and Decentralized Crypto Platforms
According to Cointelegraph, the Solana Policy Institute, a nonprofit organization focused on blockchain policy, has called on the United States Securities and Exchange Commission (SEC) to make a clear distinction between centralized cryptocurrency exchanges and non-custodial decentralized finance (DeFi) software. The institute argues that developers of DeFi applications should not be regulated as intermediaries, emphasizing that creating and publishing non-custodial code is fundamentally different from controlling or intermediating the underlying funds.
The institute's letter, sent on Friday, highlights the inappropriateness of applying Exchange Act 3b-16 to developers of non-custodial protocols. This act is typically relevant to exchange operators who custody assets, control execution flow, and act as intermediaries. The letter states, "Transactions that take place via a smart contract protocol are not the regulatory equivalent of trading on an exchange or ATS and should not be treated as such." The Solana Policy Institute is urging the SEC to provide guidance on differentiating between non-custodial software tools and exchanges with brokers. Additionally, the institute recommends amending Act 3b-16 to exclude open-source code from the "exchange" definition and adopting a custody-and-control-based framework to distinguish between intermediated and disintermediated blockchain activities.
The letter further warns that treating DeFi code in the same manner as centralized trading platforms could discourage innovation and push activities offshore to unregulated channels, thereby reducing the competitiveness of the United States. To safeguard DeFi developers and maintain onshore activity, the SEC should establish "clear, durable lines between software tools and actual intermediaries that exercise custody, discretion, or control over funds or transactions," the letter suggests. The issue of developer liability has gained significant attention in recent years, especially following criminal cases involving developers of non-custodial protocols, such as Tornado Cash co-founders Roman Storm and Alexey Pertsev, who were found guilty of operating an unlicensed money-transmitting business despite their protocol being non-custodial and never controlling user funds.
In a related development, U.S. Senators Cynthia Lummis and Ron Wyden have introduced legislation aimed at protecting blockchain developers who do not directly handle user funds, exempting them from money transmitter regulations. The Blockchain Regulatory Certainty Act seeks to clarify that writing software or maintaining networks should not trigger federal or state money-transfer requirements, which have been a growing concern for developers. "Blockchain developers who have simply written code and maintain open-source infrastructure have lived under threat of being classified as money transmitters for far too long," Lummis stated, adding that the bill aims to provide developers with more clarity for building the "future of digital finance without fear of prosecution." Meanwhile, the US Senate Agriculture Committee has postponed its markup of the crypto market structure bill until late January, with Chairman John Boozman noting the need for additional time to secure broader bipartisan support. Boozman emphasized that advancing a bill with cross-party backing remains the priority, citing "meaningful progress" and "constructive discussions" as part of the ongoing efforts.
