stable coins or tokenized stocks or dollars on blockchains rivals the size of the Visa network. Trillions of dollars transacted. If you have a dollar of that stable coin, there is a dollar sitting in the bank. And that's why the Clarity Act working its way through the Senate is so important. >> One of the biggest opponents to the bill is Senator Elizabeth Warren. >> And why why are we working on this? >> She says that North Korea and terrorists and ransomware hackers, they're going to run wild if this bill passes. The national security people I talked to typically don't agree with that because there's a trail. >> Another debate that has been opened with respect to the clarity bill. Developers should be held more liable for the software that they write. >> If you saddle people who build products that get used by many people for many reasons. It's a kill shot to the industry which is clearly the goal. >> Volumes are now rivaling the Visa network which is insane. Lots of gigantic financial institutions have rushed in. Black Rockck, JP Morgan, Visa itself, Mastercard. What happens if clarity does not pass? >> Um, [music] >> welcome to the A16Z Crypto Show. I'm Robert Hackett and I'm here with Mark Andre and Chris Dixon who, if you watch the show, need no introduction. >> Great to be here. >> So, uh, today we're talking about regulation. Congress is currently hashing through some legislation, once in a generation market structure legislation that could determine where the future of the financial system and internet get built. Um, it passed in the House last year with bipartisan support and it has been making its way through the Senate ever since. Now, there's been lots of fights and obstacles over it which we'll get into. Um, but before we do, I want to zoom out and go big picture and talk about why regulatory clarity matters. Um, what the status quo costs us and what's at stake for the country and for anybody who may end up using this technology. So, uh, Mark, I'd like to start with you. Back in January 2014, you wrote an op-ed for the New York Times called Why Bitcoin Matters. Things were a little bit different then. Um this was a pretty contrarian position to stake out. Uh the crypto industry which if you could even call it that back then looked very very different. How have things changed from then to now? >> Yeah sure. So 2014 so 2014 was so long ago um that the New York Times actually ran a positive piece on crypto um from you from right and from me with my name on it. Um and so yes this was in the distant past. This is for the kids watching this. This is when dinosaurs roam the earth uh 13 years ago. Um might as well have been in the 1500s. Um but yeah, I'm actually really proud of that piece. So if you read that piece today, I think it holds up really well. Um I think it holds up in in in a few respects. Um so you know, one is and I should say this, like it's actually fairly amazing. Uh you know, the Bitcoin white paper, you know, this piece is even 5 years into the you know, macro trend. Um and you know, it was still the kind of thing where it was still, you know, big news to even, you know, believe that this technology matter mattered at all. So I I think it was, you know, I I think I think I was preing not that Bitcoin was going to matter, but I think I was precious and kind of forecasting that we were still in the beginning of the adoption curve, like there was still there were still a lot of people that were going to have to, you know, they were going to have to learn about this, want want to learn about this, uh, and be part of it. And so I think that that holds up. Um I spent a lot of time you know in the piece and and around that time trying to really educate people on the nature of this technology um uh uh you know with with with Bitcoin with the blockchain because that you know that was new and you know for people who are not you know don't have computer science degrees or math degrees like that that it's kind of a well for people that do have computer science degrees it's kind of a weird idea. So for people who don't have computer science degrees like it's a genuinely new idea. So and I think the importance of that has held up really well. Um you know I think the thing that uh you know in retrospect um uh you know is needs to be changed about the piece is you know every time I said Bitcoin you just swap in crypto right um which is like at that time Bitcoin was crypto like it was you know was essentially the only game in town um you know Chris you can correct me on the timing if you want but I believe at that point there was the proposal for what were called colored coins um >> around then yeah >> around then so people don't remember there there was a proposal for this thing called colored coins which by the way is the single worst branded uh uh uh proposal of all time. Um you know, much much much worse than New Coke. Um uh but the concept of it was actually Bitcoin bitcoins bitcoins that were going to be tagged basically with properties that would let let them represent other things. Um and so the the that sort of idea was that bitcoin would be extended to basically enable both tokenization of real world assets and also uh you know virtual assets like NFTs. You know of course what happened was that didn't happen. uh and what happened instead was the creation of of new blockchains and and then and the creation of of new crypto platforms and and then ultimately, you know, Ethereum and then everything else that followed. And so, you know, what what started as a technology became an industry. Um and and so I think if if you read that piece, you'll see that I I projected many of the use cases and the the future development of the technology, but it it it it took a different path. Now, Bitcoin obviously has been very successful uh since then, but you know what we've really seen since then is this explosion of innovation. um say this explosion of innovation that has both happened and that wants to happen around all the other use cases that we uh that we talked about at the pieces. >> Yeah, it's actually remarkable how well that piece holds up. Um but there is one forecast in there that I want to cite in particular that stands out which is uh and I quote you say the uh the coming years will be a period of great drama and excitement revolving around this new technology. I think you were spot on there. >> Um >> Chris uh you've been there since the start as well. you were an early advocate and acolyte of crypto. >> How have things changed from the early days to now? >> Well, as Mark was saying at the time, so way back sort of 2014 in the early days, it was mostly kind of hobbyists and uh you know, super enthusiasts and kind of a kind of a subculture cultish thing. Um the technology was um bit you know Bitcoin was sophisticated but a lot of the things Mark alluded to like kind of the newer blockchains were early um had performance issues scaling issues other other kinds of things. Um fast forward today uh you know every day you'll see a new announcement from a major bank or fintech company announcing a platform involving stable coins or tokenized stocks or other kinds of digital assets. um the stable coin volume. So, you know, stable coins for those don't know are basically what Mark described with Bitcoin except they're dollars on blockchains. That that is now a you know rivals the the size of the Visa network. Trillions of dollars transacted. You can go into WhatsApp and send money anywhere in the world uh for almost free in the same way you'd send a text message um using stable coins. It's you know really the way money should work. It was was I think Mark Mark could speak to this as one of the pioneers of the internet, but I think was one of the kind of ideas that early internet pioneers expected to happen honestly much sooner um and for a variety of reasons took a lot longer. But we're now finally kind of seeing that dream um you know come alive with with money moving as easily as bits. Um so now it's a very mature industry. The technology the underlying infrastructure has gotten much much more sophisticated. even three years ago might cost what I just described might cost a couple of dollars if not tens of dollars to do that transaction. Um now you know on most of the popular blockchain Salana Ethereum and so forth it's sub one second to close to settle the transaction sub one penny to to send something right so and and that's due to kind of the equivalent of Moore's law on blockchains which is you've got you've gotten sort of more and more performant chains um you know you read about hacks and things in the newspaper um about uh crypto the reality is Bitcoin has never been hacked. Ethereum has never been hacked. uh organizations that use these things have had lack security and have been hacked, but the chains themselves highly secure, highly performant now. Um and you have, you know, big institutions and you know, trillions of dollars moving around on these things. Um which, you know, of course brings us to our topic, which is you need, you know, when you have that going on, you need regulatory clarity. You need you need a framework around that. >> Let's talk about that. Um because you know you cited that stable coin volumes are now rivaling the Visa network which is insane. You know this is trillions of dollars per quarter uh turning through this system. Um lots of gigantic financial institutions have rushed in. Black Rockck JP Morgan uh Visa itself, Fidelity, Mastercard. I mean you could rattle off just any number of names and they're all building on this technology right now. Um but we've gotten this far without rules. So there's been very little in the way of regulatory clarity or guidance. >> Um why do we need why do we need rules now? >> Well, so yeah, so good question. Um so for a variety of reasons, uh the kind of for political and policy reasons, uh the regulation around crypto was broken into two components, stable coins and the rest of the market. So stable coins are roughly 15% let's call it of the market. Uh 85% is is the rest. Um there was a bill >> and that's by market cap. >> That's by market cap. Um last year a bill passed Congress was signed by the president called the Genius Act which provides a comprehensive regulatory uh framework for stable coins. Um, and it's not a coincidence that stable coins are also the area that's taken off the most in the last year because once you have regulatory clarity, that means that you know builders have certainty, consumers can know if if you're a American consumer and you use USDC or another genius uh compliance stable coin, you know that if you have a dollar of that stable coin, there is a dollar sitting in the bank because that's the genius regulation that that bank is audited and that's sitting in short-term uh treasuries which is, you know, the basically the safest thing the financial system can offer. Um, and so you know that dollar, you can be assured that dollar is there. It's not an FTX, it's not a Luna Terra situation where it will disappear tomorrow. That gives you as a consumer confidence and protection. If you're an institution, if you're a bank, if you're Stripe, if you're PayPal, and you want to go and go and enter this market, you want to know there are predictable rules that there's a framework around it. There's not going to be an FTX, that what you build will, you know, be compliant, not just the next year, but next 10 years, right? And so the for and then if you're an entrepreneur, of course, it's similar kind of logic. You want to know their certainty. You want to know their their rules. You know, you're all our entrepreneurs are happy to hire lawyers and pay a lot of money to be compliant. They just need to know, you know, what they're aiming for. Um and so as a result of that bill, um we've seen a a takeoff in in particularly around stable coins. And then kind of the close cousin of stable coins is like once you put a dollar on a blockchain, you can put a stock, you can put a treasury bill. And so that's also um you know been there's been a lot of adoption there with people kind of you know relying on agency guidance and other not non-legislative uh regulatory levers to give them guidance on how to do that. But the big kind of hanging problem right now is that you've got sort of this this other section of the market including blockchains themselves which stable coins are built on uh which don't have a comprehensive federal regulatory framework and that's why the clarity act which is being working its way through the senate is so important because that provide that's sort of the other 85% of the market. So you can kind of imagine it's like as if we had a regulatory framework for cell phones but not for cell towers or something like half the half the half the technology is regulated. The other half has this sort of uncertainty around it. Um people are still building there. People are trying to do their best to kind of you know understand uh um what the rules are there. You know there's this other lever of policym which is the agencies such as the SEC and CFTC. They they've provided some guidance and things but ultimately you know what industries are built on as you alluded to in the beginning with the internet is they're built on legislation. Legislation is solid ground to build on. It's immutable. You know has the stamp of approval of the US Congress. It's you know the result importantly legislation is the result of a lot of smart people getting together people from different political parties compromising you know uh finding the right balance between industry and consumer protection and so forth um and um and you know so we think ultimately that's that's what is required and why the clarity act is so important. So, as you mentioned, we do have some rules. It's for stable coins that covers a sliver of the market, but there's this gigantic swath of the market that remains largely unregulated. Um, Mark, why why do we need rules for all of this and why do we need them now? >> Yeah. So, [laughter] so, you know, we've been in this just kind of bizarre twilight state for the last several years. um you know where sort of crypto was developing you know largely without rules you know for better or for worse in kind of you know what I would describe as sort of experimental ways um you know between uh between sort of inception through 2020 and then we had um you know between 2020 and 2024 we had a an administration you know in the white house that just like absolutely just decided to just kill the industry like just you know flat out you know declared war specifically by the way declined to regulate refused to regulate um and instead decided to prosecute um and you know this kind of really remarkable thing happened which the industry didn't die through that process. Like crypto is still standing. And the sort of most bizarre sort of aspect of that for me is I've had these conversations with some lawmakers in DC where they say, "Well, um, you know, I'm going to support crypto now because like if it didn't die during this whole period when we tried to kill it, then it must be good." Um, and you know, we should probably support it. Um, which, you know, is is sort of the most, you know, kind of reverse logic way I can think of to end up positive on something, but I guess I'll I guess I'll take it. Um and so and then that also led in this kind of bizarre situation where people said well you know crypto hasn't you know materialized in the way that you guys all said you know you don't have all these use cases that you know so where are all the use cases why you know why why isn't everybody using crypto and it's like well because there was like a 5year like regulatory prosecutorial assault you know that tried to kill it. Um and you know in most areas of tech you know most areas tech industry never go through that. Um um occasionally you get one that does and when they do you know they they they say they live a very different life under very different different kinds of pressures. Um and then you know along the way you know when that sort of assault was happening in America um you know against American companies primarily the you know overseas companies by and large you know ran in whatever way their local jurisdiction allowed and that culminated in the catastrophe of FTX right you know stealing you know just outright stealing customer funds. Um, and then that led to a catastrophic blowoff. And then people look at that and they're like, "Well, see that's, you know, you can't trust crypto." And the and of course the real answer is you can't trust like fully unregulated crypto. You like actually have to have a framework and you have to have life risk controls of these companies and you have to have compliance and you have to have auditing and you have to have all the things that a grownup, you know, financial services business has. >> Um, and so anyway, long-winded way of kind of getting to the point which is like we need a regulatory we need a stable permanent regulatory structure for crypto in the US the same way we have for stocks and bonds and everything else. Um and we need it both because we need this industry to succeed. Uh which we think, you know, and many people think is extremely important. Um we can talk about that. Um and then uh we also need it so that it doesn't lead to catastrophe. We need it so that it doesn't result in where FTX is. And so we and we need it so that people's money, you know, doesn't get stolen. And we need it so that, you know, the winners of the market aren't fly by night operations operating on, you know, yachts off some coast somewhere. Um and so so in a lot of ways, it's like the most obvious thing in the world. The US financial systems been through this many times before. The most famous case is the you know the the the securities acts that created the SEC regulated the stock market after which you know the US capital markets in the next uh you know 100 years you know 90 years became that you know the envy of the world you know we're not looking for a free lunch we're not looking for subsidies we're not looking for you know protectionism we're not looking for support in that way we're just looking for a basically a permanent framework that lets people do business in a responsible way um and you know I think it's in a lot of ways it's the most obvious thing in the world >> so you mentioned mentioned something in there which is FTX. I think everybody might remember that exchange and its big implosion and collapse and all the fallout from it. Um what what is inside of the Clarity bill that would prevent something like that from happening again? >> Yeah. So well right now there's there is no f federal regulator for crypto exchanges as an example. So the you know New York Stock Exchange, NASDAQ, they have federal regulators. Right now there is no the Coinbases, Krakens, FTX, you know that for every good company like Coinbase there are many offshore ones that are not good. There is simply no regulator. They there is no and this is one of the very important things. It's it's a it's a big chunk of the Clarity Act is to provide that. So that the SEC and the CFTC have uh oversight. They put in, you know, disclosure regimes, anti-fraud regimes, uh, insider trading, uh, rules, all the things that, you know, that you are, we are used to, as Mark was saying, with the with other financial markets. It's just the same kinds of rules with the same uh, agencies overseeing them. Um, that would, you know, so for example, FTX wasn't audited properly. Very simple. This is what ultimately happened, right? They were moving apparently moving money between different entities. They didn't have all the money there. um you know if you're a federally registered crypto exchange you are you have at an absolute minimum you're being audited you have all sorts of controls they have surveillance regimes they you know there's a whole you know suite of of things that are in the in the in the act that would um empower federal regulators to do their job and and if you're not compliant with these things you couldn't operate in the US is how it works right so um it would have prevented that you know um other big catastrophes. Terral Luna was a big one. It was a stable coin that wasn't stable. It didn't have dollars or or any other kind of stable currency behind it. It was essentially this kind of, you know, self-reerential thing where the token has valued by the token and would, you know, should never have been presented to the stable coin and would be illegal. It is illegal under, you know, the genius framework. Um, >> works well when things are going up. >> A lot of things work well when things are going up and then uh um don't work otherwise. So, um, yeah, these are these are not I mean, it's not, um, look, the details are hard, which is why it's been seven years or so that some of us have been working on the Clarity Act, and it's now been a year, I think over a year since the House passed its version of it, and, you know, a year the Senate's been working on it. There's a lot of hard details. Um, it takes a lot of kind of working across the aisles. This has been a very bipartisan effort. Um, so I'm not to say the details, but you know, this is has been done before, right? financial industries have been regulated and the principles that that are used in other industries are applied here and it's a very robust what's in the clarity act now the text that was released um you know it's frustrating to read some of the news coverage which apparently just doesn't they you know they don't read the bill as far as I can tell because they say things like there aren't um you know sort of safeguards for example AML and you know uh sanctions regimes and all this is simply not true there's a very it it there's very you know it has strict definitions of who is who who is subject to to you know these requirements. Um it applies all the same kind of money laundering and um you know treasury other kind of treasury rules to crypto intermediaries that are applied in other markets. Um the Fraternal Order Police just came out with their endorsement of the Clarity Act. um the largest law enforcement organization in the country. Um you know, so people are sort of opponents are saying it doesn't have proper law enforcement uh uh you know, clauses and and and uh rules, but this is simply not true. >> Yeah, let's let's talk about that. Well, let let's go over the fights that are going on with this bill. By the way, it's like 600 something pages, I think, at this point. But um >> so drag it into chat GBT and ask is there money? It's not that hard. If you know we if uh if people want to actually learn about this, you can do that. >> Um but uh so so let's let's go over each of these fights, each of these debates that's going on. You you talked about illicit finance. That's one of the big ones. >> And in fact, one of the biggest opponents to the bill uh is Senator Elizabeth Warren. Uh her and her camp, she's called it a ticket to sanctions evasion. Yeah. >> Uh that's a quote from her. uh you know, she if you hear her describe it, she says that North Korea and terrorists and ransomware hackers, they're going to run wild if this bill passes. What do you what do you say to that? >> Uh I mean, right now there it's extremely unclear, for example, which entities um are subject to what rules. And so what you have is, you know, essentially a dynamic. What what what I've learned is when you have gray areas in regulation, you have essentially a race to the bottom, right? because you'll have, you know, look, I was on the board of Coinbase for a long time. Mark's on the board. Coinbase is a USbased company. They're, you know, they take regulation and compliance extremely seriously. But for every Coinbase, look, it's it costs a lot of money and it slows down your product development. And so, you know, every year a new offshore competitor will pop up that doesn't do those things and becomes popular because they can offer lower fees or, you know, whatever f better if you iterate their product faster because they're not doing all the kind of compliant things, right? And so over and over again we've had this phenomenon where there's sort of the good actor that that you know this is one of the things that frustrated us frankly is that we try to bet on the good actor, the compliant actor and then for every one there's kind of this evil twin you know the doppelganger offshore that sort of copies all the features but doesn't do the compliance >> um and and gets Yes. and and gains popularity and so what you end up having is just you end up the the the ambiguity ends up favoring the bad actors, right? Um, and so what the important thing to do with good regulation, I think the Clarity Act does this is you very clearly define the regulatory perimeter like who's subject to this and who isn't and and if you're not subject to it, you can't do business in the US. So like if you're in the US and doing business, you have to be subject to it. you give clear definitions and then you have clear rules and and and so as an example in in the Clarity Act, if you're a financial intermediary, if you're a, you know, somebody like a Coinbase or like a company that's holding customer funds, you're subject to all of the same regulatory same rules that a you know, fintech, a company like Stripe or PayPal or anyone else and it's simp it's black and white in the bill. So I don't know how to argue with people that just simply are saying things that aren't that factually untrue like that. Um uh it's just uh you know and and as I mentioned, you know, the endorsement of the various law enforcement agencies um a bunch of very you know look it's not just there's there's a lot of Republican senators who are very strong on national security sanctions North Korea who who support the bill including a number of Democrats who we think will end up supporting it who similarly are. Um so I I don't think it's it's it's neither true nor is it shown by the kind of the range of support for the bill. Mark, what do you think about this criticism that the bill enables sanctions evasion? >> Yeah, so it's really so, you know, spent a bit, you know, spent quite a lot of time, you know, kind of in in in in national security world, and I would say the national security people I talked to typically don't agree with that. Um, and in fact, they they typically say something quite different, which is ironically they're hoping that more ter criminals and terrorists use use crypto and use blockchains because there's a there's a there's a trail uh there's a blockchain um and there's a trail and that is contrasted specifically um with how a lot of for example terror financing happens today. And so I'll just give you an example of this. There's a thing in kind of middle the Middle Eastern kind of terror worlds these terror organizations there there there is an existing legacy payment system that by the way is is is not the banks. It's not any any any piece of technology. Uh it's a system called the Hala system. Um and it's a it's an ancient, you know, centuries old uh system. It's basically sort of in informal peer-to-peer peer-to-peer uh payments. Um and it operates flu fluidly across borders. And the way that it works is you'll have like two cousins, one in one country and one in the other country. And you go give money to the cousin in one country and then it and then that the money never actually moves, but like that cousin tells the other cousin that the family now has that amount of money. Um and then as a result, the money, you know, effectively becomes unlocked in the other location. And so you you literally have peer-to-p peer payments happening around the world with actually no no no no no actual transfer no actual transfer of physical cash. So you you can't like catch it at the border. Um no digital trail whatsoever because nothing is nothing has happened digitally. No paper trail. No nothing. And and and and that's I think for example that's actually how uh a lot of terror plots are are are financed. And so it would be there was actually a term a while ago that national security people were kicking around. they called uh they called crypto they called it prosecution futures uh which is if we could just get the bad guys to use crypto uh instead of using the other methods like we would actually be able to then mine the blockchain to be able to prosecute down the road and so this is one where it's just the whole thing has just been incredibly confusing the whole time because it's kind of this upside down backwards you know kind of thing and you know quite frankly you know not not talking about anybody in office but there have been even people in industry who have said things like well you know crypto is inherently anonymous and you know tra you know you can't trace anything you know which is just like you it's just like you know just like upside down bizarre world you know kind of claims um which which I think frankly just stands for people you know not understanding the technology. Um and so I I think just the actual reality of it is if if if more bad guys were running more money through crypto I think more more bad guys would get caught not fewer. >> Right on. Yeah. And uh you know there's this thing that happens on TV shows. I'm sure you watch them. Crime procedurals, cop procedurals where they're like I'm the criminal, you know, wire me the money in in Bitcoin. Nobody's going to know about it. Is that totally crazy? >> Yeah. So, there's a couple things. So, yeah. So, one, so one is so, so the traditional thing that they do in TV shows, traditional thing they do is they say, "Well, you need to put a gun to somebody's head. They say do a wire transfer, like wire transfer the money, right?" Um, and then they'll literally show a digital display and it'll show digital display and it'll literally like have one of these things where it's like zero to 100% as the money moves and the whole thing happens within like 2 minutes, right? And then in the real world, it's like, okay, try to try to move money through the banking system across borders, you know? It good luck, right? like days and days and days, you know, cuz the systems are shut down and they don't work on weekends and the paperwork and the this and the that it's just like it's just like you completely flat out and blow. So, so you're exactly right. What's happened is they've extrapolated that straight to crypto. Um, and it's all in and yeah, so you know, it's like any of these things which is like yes, it works it's we're straight on TV. Um, you know, contra contra maybe what what what a lot of people think. You know, television is not actually real life. Um, uh, and uh, yes, it it very much does not work that way. both existing payment system does not work that way um in real life and and crypto does not work that way in real life. >> [snorts] >> It's it's actually a it's actually a non-trivial kind of research problem that's going on today. Research and product development um to to build blockchains that do have privacy because they are so they are so public. Uh and in fact one of the funny things that happened was you know we we think that's important just not for nefarious reasons because if you want to like pay you know whatever I want to pay you for some service maybe it's a private you know maybe it's a medical thing or a financial thing you don't want everyone to know about it just like we do in the regular financial system you'd want to have some privacy and that send someone a digital dollar you want some privacy right it seems like a natural thing it's funny because you know uh for for a long time everyone said well why would you want to build privacy it's only for criminals since genius has passed and now dollar denominated stable coins have gotten more popular. We've actually heard in DC now people are saying, "Well, what about privacy? You need to have privacy." I'm like, "Yes, we agree. We agree. It's not always, it actually is very reminiscent of the early um internet, you know, when Mark when you guys added didn't wasn't Netscape at you guys invented SSL, right?" Or you did >> and so yeah, for the kids don't know this that HTTPS, that was Nescape. That was an invention. [clears throat] And at the time it was like, well, who would need that? Why would you need to send secret stuff? And and at the time probably some bad guys did use it maybe. But of course over time we all realized that was an important and and 99.9% of it is like good behavior right it's just people interacting with their bank or something right but you guys had to go you got did to go in front of Congress and didn't you have some >> it was a four-year fight it was actually quite analogous to this and so when when we started so when we started so Netscape was the first uh uh Ncape was the first piece of consumer software that got w that got widely used that that incorporated u public key public key encryption modern encryption uh with public keys um and at the time we shipped Um we actually had to ship two different versions. We had to ship the strong encry we could ship a strong encryption version inside the US. Uh but we uh we were we were classifi encryption was classified as ammunition um under what called ITAR export control rules at the time. So encryption was encryption was classified in the same category as a tomahawk missile. Um which meant that the Netscape browser was classified in the same category as a tomahawk missile. Um and so we had to ship deliberately deliberately insecure versions of of the product um overseas. And you can imagine how much our overseas customers enjoyed that right they get this and you know by the way we simply label in the box right which is like weak encryption you know basically do not trust this and you can imagine how that how that went for sales and of course immediately what happened was of course foreign competitors immediately then stepped in and you know started cloning it and started making strong encryption you know so people outside the US just didn't use our product they used products that were made outside the US um and so you know we went to Washington you know as as as as you do when you're a kid you go to Washington you kind of explain things logically and they and they and they you know they kind of you know they tend to stare at like you've grown a third eye and so you you start to you know really kind of get into the you know specifics and details of it. >> Um but then you you you get into this like fundamental dichotomy which is as you said which is like okay is encryption >> bad because you know bad guys are going to you know do do bad things with it. Um uh or is it good because it is the key to establishing trust and being able to do business and for law-abiding you know citizens um you both here and overseas to be able to you know cooperate together and be able to conduct business. Um, and so, you know, it's like, do do you want to completely eliminate the risk of of, you know, any sort of ever cyber criminality or do you want to um or do you want to make like Amazon.com possible, right? And and and and those questions are kind of deep deeply intertwined. Um, and so anyway, it was this it was this very long, you know, kind of education process. Um, it it took took four years. It took a very very long time to unwind. Um, you know, they did ultimately make that change. Um, you know, by the way, the world did not end. Um, and and the world did not end for, you know, for several reasons. you know, one is as you said, the overwhelmingly the use cases were positive. Um um and then you know the the the sort of intelligence services uh uh you know adapted in many ways and then and then then the other just incredibly positive thing that happened was American industry won right and and by the way not just state but like you know many other you know the the the global internet economy is dominated by American companies and by the way if if you're in the national security state and you ask them the question of would you rather have this giant industry be dominated by American companies or non-American companies 100% of the time they'll tell you they want dominated by American companies because they can deal with American companies, right? Whereas, you know, some, you know, they can't deal with some company that's running in some other jurisdiction. Um, you know, they a lot of times they can't even talk to them. Um, and so anyway, so it was this it was this classic case study. Uh, you know, that one took four years. You know, this one, Chris, this is like a you know, we're now in what, year seven. Um, and so for people who think the modern world is speeding up, it's at least in this respect, it's not. It's slowing down. Um but I yeah I and this is why by the way there's so much pressure right now on clarity to get clarity pass is because you know se seven years to work these through these issues I think is clearly enough. >> So let's talk about some of the other objections to the bill. Another big one is ethics reform. So the president his family members they have interests in crypto businesses. This will come as a surprise to nobody who's been reading the news. Um h how do you uh and so the critics say that this bill will enrich the people who are most vocally supportive of it? >> How do you address that? >> Yeah. I mean I would say first of all like like it's not my area of expertise but like I'll say as a citizen I think there should be ethics rules for government officials. I don't think those should be exclusive to crypto. I think there should be ethics rules around trading stocks and other crypto for sure other financial assets. That seems reasonable to me. Um, number one. Um, number two, um, the Clarity Act, even without specific ethics provisions, will add significant restrictions to anyone in crypto, including requirements to, uh, for disclosures around, you know, the risks and holdings of a crypto asset. It will add lockup requirements. So, it's only an increase in the restrictions that would be applied to anybody, including government officials is point number two. And then point number three, I think what's been frustrating from a political point of view is that is that the you know the the specific ethics kind of provision around crypto has been coupled with the topic we've been discussing which is regulating this industry. Um this bill as proposed right now would be the first bill in US history I'm told that regulates an industry and also add specific ethics provisions for government officials in it. Right. This is very exceptional. Normally government ethics rules are done separately and an industry is regulated separately. Um so you know so I you know I think that we're being held to this industry is being held to a completely different standard than other industries. That said, I look I think that a very reasonable debate for people to have and for and for politicians and policy makers to figure out is what what ethics rule should there be um for you know all financial assets including crypto. Uh specifically on the you know right now there is an active negotiation. I hope obviously I hope there's a resolution. It's not you know it's between the various politicians not not sort of industry. Um, obviously I hope they can come figure something out so that we can move forward because we want to regulate this industry. >> By the way, this bill puts controls on government officials um use of crypto that do not that are stronger than apply to government uh officials stock trading. [snorts] Um and so uh if you if you don't like how uh government officials trade stocks, uh this bill puts in place uh something that is much stronger than that uh for for crypto. >> Yeah. And and one other point I would add is right now we think of crypto most people think of crypto as a thing you can trade. You know I I think what they're missing in that is that increasingly like the stable coins we've been discussing it's a thing you can use. Um and if the industry is successful it will get more you'll have more and more use cases and more and more ways in which it's sort of embedded into our financial life. It'll be a normal thing for a kid to buy tokenized stocks instead of going to some you know traditional stock broker. Um and so I also think it's important with these rules to make sure you separate that kind of trading behavior from the use behavior because you know I think it's important for you know for government officials to be have access to modern technology and I think this is the future of finance. So >> okay so there are government ethics rules in the bill and also it's a separate issue from uh creating market structure rules for crypto. Maybe these are separable issues >> like like the reality of where the politics are right now is that this is that there are ethics provisions in the current bill. They're still being kind of negotiated. I hope they come to resolution. But I think from our perspective, the important thing is that after this many years of kind of regulatory gray area and an environment that favors, as I was describing before, kind of a race to the bottom. The important thing from our perspective is we get a regul regulatory framework passed. And you know, we think the clarity act while not perfect is is significantly better than the status quo. And so I hope that those issues are resolved. >> Got it. You mentioned you mentioned stable coins again just now. Um and one of the big fights has been over the treatment of stable coins in this bill. In particular, the banking lobby. Um most notably uh JP Morgan Chase has been very vocal about this. Uh they are unhappy with the idea that you could earn interest on stable coin holdings. Now, the the fear, the concern, the worry is that uh if consumers can earn interest on stable coins that they're going to pull their money out of banks and keep them in these other accounts that's going to cause deposit flight. >> Um and they don't want that to happen. So, what's the state of that debate right now? >> Yeah. In the bill, >> I would Yeah, in the bill essentially, I would say the banks got mostly what they wanted, which is that in the bill, you cannot pay uh you you cannot pay interest on balances. um you you can pay there's it's I think the exact language is anything that's functionally or economically similar to a bank account and there's further legal clauses. Um uh what you can do is uh sort of more complicated things like if somebody did multiple transactions and if they did sort of a formula that's not functionally or economically similar to paying out on a balance like you can give them rewards for you know using their uh stable coin wallet twice a month at Walmart. Walmart could give them some kind of reward back. So it's more like a credit card kind of >> which is what they'd asked for the banks that's basically asked for and the industry uh you know there was there was a it's all been sort of in the press. There was a you know sort of a prolonged discussion and they kind of got what they it seemed like they got what they had asked for but then remained I don't know seem to then want more. So, um I think going any farther you start to ban, for example, I think in you know you start to ban things like Starbucks rewards points and things, right? So, I mean it's uh um I think it's kind of gotten to the as far as it can go and essentially, you know, was a compromise that was some somewhat painful for the crypto industry, but you know, in the context of the broader bill, uh we think it nets out, you know, still very we're still very supportive of the overall bill. The thing that I find so interesting is, you know, uh, this debate has been embodied by Brian Armstrong versus Jaime Diamond. They're kind of the two leading >> voices on this. Um, but JP Morgan has a big blockchain unit. They're working on this stuff. Yeah. >> They they have tokenized deposits that are live onchain. >> Yeah. >> Um, so it's just interesting that, you know, they're trying to slow roll clarity, but also >> I mean, these are Yeah. These are massive organizations I guess with many there you know like this they're almost like countries or something with JP Morgan so there many different factions and things but yes every as far as I know every big bank including JP Morgan have significant blockchain efforts and I think um if clarity passes you'll see a lot of those efforts um are are will roll out in a in a significant way. We're way past the kind of the way enterprises kind of use new technology sometimes they kind of dip their toe in and do experimental stuff. We're way past that now. We speak to a lot of these organizations on a regular basis. Like they have real significant deployments that are going to go live. Some of them are live, some of them are going to go live with greater regulatory clarity. Um they, you know, I think they see significant opportunity. I mean, you have to remember the banking system is um for a bunch of reasons. I'm not, you know, not necessarily their fault. It's just that they're very, these systems are very complex and very intertwined with each other. But a lot of the technology is very antiquated. I mean, it's not it's sort of a joke in Silicon Valley that they still have cobalt programmers at banks, but it's actually true because they a lot of them have very old code bases. Um, and in their defense, it's because it's a very hard, you know, these they're so intertwined that you you can't just sort of um upgrade your software by yourself. You have to do it all together. And so, one of the things that blockchains have done for the financial industry is it sort of given them a unified framework where they can all kind of say, "Hey, together, let's move into the 21st century." And um it's so it's kind of solved not just a technology problem but a coordination problem. And I think if you speak to them and I but as we have they they're all very excited about that. [gasps] Um and so you'll see I think as a result the the other thing I'll say is just like the simple way to think about blockchains is they just remove layers of mediation sort of you know they're disintermediation machines. They remove you know many of these things now like Mark was saying you send money through a wire. We had a case where we funded a portfolio company. It was international. Literally two weeks later we couldn't find the money. like this is a significant financing, right? And it turns out if you if you actually dig into it, there is no international wire system. Like it's basically you wire to a bank, the bank has some piece of paper that gets moved somewhere else, they wire another bank. Like there there is no financial like global network the way there is a global internet or a global WhatsApp network. It's it's a patchwork of systems. Um, and so one of the beautiful things with say stable coins is you're just sort of you're building something just the way you would build it on the internet, which is this one big thing that kind of goes an over-the-top network. Um, and so um, the banks see that opportunity. They say, "Wow, this is this is um, you know, we can save a lot of money. We can provide better products. Um, you know, we can, you know, modernize a whole bunch of things." And so we see that across the board that all that that a lot of these organizations are very excited about this, including JP Morgan. So this is an opportunity for a big technological upgrade. Uh all these systems you mentioned >> they have parts of it that are still running on cobalt many decades old. Uh and this is a chance to >> and and don't take it from me. I mean Goldman just came out you know CEO David Solomon Goldman Sachs endorsing Clarity Bill Fidelity Black Rockck um a bunch of other kind of major financial organizations. They all have major efforts. Many of this is public. You know the most innovative fintech companies like Stripe have gone in a big way. Um, so you don't have to listen to me. Just look at the look at the news. I mean, it's we're at the beginning we were talking about the early Bitcoin days. It's we're very far away from that now. These are very big organizations and the technology is, you know, on the verge of going very mainstream with the regulation. >> There are a lot of endorsements, a lot of support. Uh, the one that sticks out for me you mentioned earlier is a lot of the biggest law enforcement organizations are for it, which I think is a major tell. Um I want to shift over to another debate that has been opened uh with respect to the clarity bill which is over liability for developers. Um there's a former White House cyber security official Carol House. She's raised this concern that developers should be held more liable for the software that they write. Um she argues that this if you don't hold them liable that this could set a dangerous precedent for other areas of technology like AI. So Mark, I know you spend a lot of your time in the AI world working on this stuff. What do you think about this argument? >> Yeah, I mean it's a kill shot to the industry. Like it's just like it's impossible. It makes software development impossible because how can any software developer anticipate the use of the software down the road? And you don't even need to think about this in terms of software. Just think in terms of anything. You know, if I run a hotel and a criminal stays at the hotel, they use the hotel, you know, and they they plan their operation. Does that make me part of their conspiracy? um you know if I'm an engineer in a car and the car is used in a bank robbery does that make me you know accessory to bank robbery like it's completely insane you cannot if you if you saddle people who build products that get used by many people for many reasons uh if you saddle them with downstream liability for the uh for the uses it just kills the industry which is clearly the goal >> and just to add to that that it's important not to conflate like in some of these like core cases I think there's been some conflation of if you go if you're to use Mark's analogy if you make build a car and then you actually like knowingly help a criminal do it like then you then you are in trouble. Okay. And no one's debating that. Okay. And so if you build a piece of software and you're like hey criminals come use it and they send you an email and you're like how do I do a crime? And you're like here's how you do a crime. And there have been cases like that in the software world like that is a crime and no one's debating that. Okay? like no one like what we're talking about here is you're making software like open source software whether it's AI or crypto and you're making it for a you know like a a constructive use case um you're making a car you're making a hammer whatever you're making an AI model you're making a blockchain um and you know and then you for example make it open source if you add unlimited downstream liability or criminal liability or civil liability or any kind it's as Mark said you just you simply like how could you ever make the calc how could you ever decide to do that as an open source developer with that kind of risk? you couldn't they almost I think and Mark you know better but in the AI world I think there have been a few bills including California um that almost passed that would have imposed that kind of basically unlimited downstream liability on AI models which I mean how the these people aren't they aren't big companies that can afford defending themselves like some five guys in a garage are going to take unlimited liability like it's going to kill it it's going to kill the whole it's going to kill open source >> yeah this is the thing so that's the thing so the first thing and this is a very live issue in AI policy also and people are trying to trying to do this in AI I think very clearly shows what they're what they're trying to do. Um so first is open source dies right so just like right out of the gate open source dies because like open source developers aren't getting paid to start with. Um you know they certainly can't take on you know enormous negative liability. You know they certainly can't you know even if there were insurance available to cover unlimited downstream liability for product used by millions of people you know you still couldn't you know open source people can't afford to do So open source dies because open source dies, academic research dies, right? Uh because without open source there is no there is no computer science research in any of these fields. It's entirely dependent on open source. So it kill it kills computer science as a field. And that's just a start. Then it kills uh venture investing, right? Because like we we can't we obviously can't invest in a company if they have you know a million times the level of exposure uh because somebody does something that they didn't even know about. Um and then it kills all the companies, right? all the startups and then and then it kills the big companies and it just kind of you know because they they also can't they also can't take that on and so it rips right through and so and so this is the thing where it's just like the the level of misunderstanding of what it takes to actually like run a business or do anything productive is is is either like just completely absent when people make that argument or they are deliberately trying to kill the industry which by the way I think they're trying to deliberately kill the industry >> maybe maybe um let's move on to one of the last objections that I've heard most often um which is that this bill would punch a hole in securities laws. Uh you know, Marky mentioned that securities laws have allowed US capital markets to thrive over the past 90 some odd years, uh and have made the US the envy of the world. Um so some people say that if this bill gets through, a company will just go, hey, I'm going to just tokenize whatever. I'm going to tokenize some asset. I'm going to, you know, put it on a blockchain and that is going to exempt me from SEC oversight and securities law in general. What do you um what's your response to that? >> So, if you take a stock and you to this is in the bill, if you take a stock and you tokenize it, that's a security and it's and it's regulated by the SEC like a security is. It's very black and white and clear. Um the the only thing that is different in with respect to blockchain regulation is um that there it it delineates in certain situations that uh blockchains like like a token like Bitcoin or Ethereum um in the Clarity bill it delineates in some cases it'll be regulated by the SEC in other cases it'll be regulated by the CFTC. In all cases they have a federal regulator. Um and now this by the way this is even the sort of the uh the last administration that was opposed to crypto implicitly agreed with this framework. Okay? Because let's just let me just walk you through it. So um Bitcoin when it started was presumably one or some set of people whoever Satoshi was um and by definition when something starts it's centralized. There's a person behind it. They have sort of inside information and control and the way that the Clarity Act works at that point you are regulated by the that token is regulated by the SEC right? Um, so a new someone creates a new blockchain, you know, they have control over it. Um, and you know, they have rules like if they, you know, they have lockups, for example, they have disclosure rules, they have all the kinds of things you expect in securities lost. Um over time when you hit certain thresholds of decentralization and start to look more like a Bitcoin of today or an Ethereum of today where there is no central actor that controls it has inside information and so forth the Clarity Act designates that the CFTC oversees that token. So it's regulated as a commodity and not a security because at that point you still need regulation to make sure that people aren't you know dumping on the market or cornering the market and all the other things that sec that commodities laws regulate. Um but it's a different regulatory regime depending on sort of the the nature of the asset. Um >> so it becomes more like things like uh like gold precious metals. >> That's right. Yes. It's like Bitcoin and and even the last administration who was anti-crypto they said at some point that Bitcoin and Ethereum were sufficiently decentralized to be regulated as commodities. Right. So this has been implicit in court cases and in uh agency decisions from both parties for the last 10 years. All clarity does is uh enshrine it in law and and make the definitions really specific so that people know exactly where they are so you don't have to go to court to figure it out. Right? So it's really just kind of taking what's been consensus across the courts and the regulators and making it sort of hard coding it and making it specific. But at every moment, so first of all, all existing assets by putting on the blockchain, they're still have they still are securities, number one. And number two, all assets, digital assets are have a federal regulator, right? And have a framework. And today, today, if I create a token and you know, and this is the biggest issue you'll have with like a lot of these things is there's no rules for disclosure. There's no rules for insider trading lockups. Um if the Clarity Act passes like our investments will we our effective lock up period meaning that the period in which we can sell will will increase significantly um because a product we'll invest in someone they'll launch a product it'll have a token and until there these criteria are met for sort of hitting sufficient decentralization there are lockups on venture capitalists and founders and so forth right which is how it should be. I mean, it should, you know, it's a it's a it's a smart riskbased regulatory framework and um we think will allow for people to build products that are long-term products and build trust in the market. Consumers will, you know, consumers, investors, and so forth, all the market participants will have trust in the market because it's regulated because there's a framework around it. Um and um and that's how you build a real industry long term. >> All right, so we've walked through a number of the live fights. All of these things are being debated right now. Um, any one of them could potentially tank this bill. What happens if clarity does not pass? >> Yeah. Um, [gasps and sighs] well, well, one is we'll keep working on it and someday it will pass. Number one, it will pass. Um, uh, number two, um, a lot of these things can and and are being done by at the agency level, meaning the the, you know, the agencies, the SEC, CFTC, Treasury, and so forth. Um and so you know I think that the big difference is legislation is you know de facto permanent in a way that agency rule making is less so. Um and that's important both to you know make sure the rules are there and you know for the long term for protecting consumers um but also for industry to have uh confidence is you know you you want to make an investment you want to build something those things can take many years to build and so you know if you have to try to build that on like shifting sands um you're [clears throat] you're much less likely to make that investment of time and money um and it's just much harder to kind of um you know you've got enough to worry about as an entrepreneur already without having um you know kind of a shifting maze of regulatory changes. So um so that would be the downside. It would be just it would just sort of prolong that. But but also look we're going to I think I'm optimistic it will get passed in the near future but if it doesn't we will keep working on it. >> Some people have this idea that regulation and innovation are just opposites. They're at odds with one another. They're opposed. Um, Mark, you spend a lot of your time on what you call the little tech agenda, advocating for startups, for builders, for developers. How does all of this fit into that regime? Uh, and and why why is regulation good in this case? >> Yeah. So, I would say the political political theorists talk about all the different forms of government. And the thing that they you know different debates about the different forms of government, how well they work and the one that I think everybody agrees on is there's a specific degenerate form of government um called anarot tyranny. Um so anarco from anarchy and then and then and then and then tyranny and the naroty is a system of government by which you regulate the law-abiding people to death. The anarco part of it is you let the rule breakers uh go absolutely nuts. Um and then the tyranny part of it is you regulate or prosecute the the the good actors to death. And so you basically encouraged the criminals. Um and you uh you you you condemn the uh you know the law abiding. Um and and so that you know that that was the the governance regime under the under the prior administration. Um you know that you know that that was the system and and you know to your question like startups selfact like very directly. Um and and by the way in in two segments which is startups outside the US just went wild and did whatever they wanted. Um you know which as we as we discussed led to FTX. uh startups inside the US got brutal punished um with with no route to safety with no route to a way to actually safely conduct business. Um and so like if you were designing from scratch and saying like what's the worst possible policy um what's the worst possible approach like it would be a naroty uh which is what we had you know what do you actually want you want you want predictability you want predictability you want stability um you want prudence uh you want reasonableness um you want you know protections at the right level of protection you know you know you want consumer protections you want investor protections um you know you you want things to be happening in a in a in a in a in a fair way but you also you also want innovation you want freedom you want the ability to innovate. You want the ability to u deploy high quality products um that work in the way that that that that they say they do. Um you want to be able to have customers be able to trust you and and you want to be able to know that you're going to be in business in a year um and not being sort of wantedly attacked and and and destroyed by a system that gives you no way to to to to do it legally. Um and so it it you know like a lot of things in life it it turns out there there is a middle ground. There is a there is a centrist position. uh you know the cent's position involves the correct level of regulation. Um you know without that uh you know e either side of that is is is just you know absolutely devastating. Um you know none is devastating too much is devastating. And so you want to you want to kind of folily locks it right in the middle which is what we think this which is very much what we think clarity does. Let's zoom out to and talk about what what's at stake for the country and for American leadership passing the Clarity Act. Why is it why is it so important for the country to do this? What will it lead to? >> Oh, I mean, so this is in the long we would argue this is in the long tradition of American technological leadership and I would say American technological supremacy. Um, which is, you know, do you want to be the country that leads the world in technology or not? Um and and by the way there's two parts of that which is one is do you want the technology to exist when you know some people argue that you know you better off without certain technologies but then there's another part of it which is technologies do tend to exist uh you know once they get invented and then you know do you want that to happen inside your own country or do you want do you want to have that happen somewhere else and you know we we we always make a very strong argument on this which is you 100% uh every American citizen should want America you know regardless of political position or whatever uh should want America to be the technology leader in the world um that has many benefits it has you direct economic benefits in terms of the wealth of the country and the ability to you know pay for all the things we want to pay for. Um it has enormous uh benefits um in terms of um also our security um our ability like let's put it this way like for the crypto industry to be based in the US is overwhelming good for United States security like and overwhelmingly good for United States law enforcement overwhelmingly good for United States uh national security uh because then you know if you're the FBI or if you're the you know if you're any any agency of government you're dealing with American companies which is which is a much more straightforward thing to do uh when you when you need something. Um and so it's it's good from a security uh perspective. Um I by the way I think it's also good for you know opportunities for kids you know are are your kids able to get educated in state-of-the-art uh you know technologies to have lots of career opportunities and are they able to work in those fields um and you know American kids for 100 years have had that edge kids uh you know all over the planet and and and hopefully that continues. Um, and so like, you know, it's just one of these fairly amazing things where in some ways this is like like we're so used to America being the technology leader that it almost feels embarrassing to make this argument because it's such an obvious argument like America has so clearly benefited from this for, you know, for the for the last hundred years. Um, and and and in my view, we should all want that to continue for hundreds of years to come. >> Chris, you literally wrote the book on this stuff on blockchains, read, write, own. Tell us what does clarity unlock if it passes in a year, two years indeterminate future. >> Yeah. Well, as I mentioned before, I think of a a simple way to think of a blockchain is is a dis disintermediation machine. It lets you build internet services where instead of having kind of a bunch of, you know, uh, organizations in the middle, taking pieces of the sort of the take the money along the way, you can build advanced internet services where it's, think of it as peer-to-peer. I can send you a dollar. Stable coin is a simple example. I can send you a dollar. There's no intermediary taking, you know, if you send to Mexico right now using a traditional financial service provider, they'll take 8% to 10%. stable coin, it's almost zero because there's not someone sitting in the middle, right? So, that's the simplest uh case. What's worked so far has been financial use cases. Um, stable coins, we're seeing now uh people, you know, stocks and bonds and treasury bills and other kinds of financial assets, lending. Um, I think that will in the next couple of years be the dominant use case. So, I think we'll see what I hope is a significant upgrade of the financial system. Um uh by the way a lot of the benefits are global but you know I think we take for granted here that we have a very high functioning currency and financial system. This makes us accessible um you know globally. um longer term and what I kind of talk about in my book, I think that that you could take this technology and apply it beyond that. And you can you could imagine for example a world where um you know if if AI agents uh proliferate the way that that you know we hope they will and I think a lot of people in the AI industry think they will, you can imagine internet of you know billions and trillions of AI agents um conducting economic transactions and the natural way they would do that would be through crypto assets. Um you can also imagine just you know all sorts and I talk I kind of you know allude to this at the end of my book where I speculate about future use cases other you know other kinds of things from um you know uh ser services for creative people social networks games all sorts of things I think you can you know um but but I think for the next couple of years mostly what we'll be focused on is is this sort of finance 2.0 upgrade um that we talked about. All right. Well, time will tell whether policy makers uh listen to you guys, heed your advice, and uh realize that rules are better than no rules, that the time is urgent, and that the benefits will acrue to whoever sets the standards first. Um, thank you both for coming on the show. >> Thank you. Good. Good. Thanks, Robert.