Proposal Suggests Federal Oversight of DeFi as Critical Infrastructure

The intersection of cybersecurity and decentralized finance (DeFi) has garnered significant attention with a recent proposition advocating for a federal strategy to supervise DeFi protocols. This comes from a collaborative regulatory framework proposed by legal experts at Polygon Labs and co-founder of Arktouros, urging the designation of DeFi systems as "critical infrastructure."

Understanding the DeFi Regulatory Framework Proposal

Polygon Labs' legal team, featuring Rebecca Rettig and Katja Gilman, alongside Arktouros co-founder Michael Mosier, published a white paper titled "A Conceptual Framework for Combating Illicit Finance Activity in Decentralized Finance." Released on January 29, the 45-page document puts forth the rationale for treating truly decentralized DeFi protocols as critical infrastructure to be overseen by the U.S. Treasury's Office of Cybersecurity and Critical Infrastructure Protection (OCCIP).

Although OCCIP isn't a regulator in the traditional financial sense, it plays a pivotal role in enhancing the financial services sector's security, robustness, and reliability against cyber threats and operational risks. This is achieved by fostering partnerships and information sharing among financial entities, relevant industry groups, and government agencies.

According to Cointelegraph, the proposal distinguishes genuine DeFi protocols from those with elements of centralization. It advocates that the latter should adhere to existing financial regulations, given their centralized points of vulnerability.

Additionally, the paper proposes the creation of a new category labeled "critical communications transmitters," Aiming to safeguard U.S. national and economic interests, these transmitters would be essential to DeFi systems. Still, they would not have the "financial institutions" status under the Bank Secrecy Act (BSA).

Crypto Industry's Response to Enhanced DeFi Oversight

CryptoNews noted that the discussion around federal oversight of the digital asset industry often leans towards securities and commodities discourse, overshadowed by sensational news stories. Yet, some experts believe that policymakers in Washington, DC, are more preoccupied with illicit finance risks than any other issue within the space.

Jake Chervinsky, a prominent crypto industry lawyer, remarked on how these policy dialogues primarily concern illegal financial activity. He expressed that this framework could signal the beginning of a potential solution to this complex challenge.

The authors emphasize the imperative of constraining illegal actions while reminding us of the primary goal of fostering positive activity within the financial ecosystem. They assert that these efforts ultimately support the Treasury's broader mission—bolstering economic prosperity and fortifying the financial stability of the United States.

Photo: Polygon Labs Twitter Account

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