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Brooking Scholar Warns of Risks in CLARITY Act: US CFTC May Face Substantive Regulatory Challenges

2026-05-29 15:17

Odaily Odaily News Aaron Klein, a scholar at the Brookings Institution in the United States, has warned that as Congress deliberates on digital asset legislation, the Commodity Futures Trading Commission (CFTC) may face a lack of regulatory capacity when expanding its authority over digital assets. Klein noted that the CFTC was originally established to oversee commodity futures markets and was not designed for the scale of responsibilities proposed under current crypto regulations. A lack of additional personnel, funding, and specialized expertise could lead to a situation of "regulatory authority without substantive oversight." Recent staff departures and institutional adjustments at the CFTC have weakened its regulatory capacity, and expanding its duties could replicate the regulatory failures seen during past financial crises. If crypto regulatory responsibilities are fragmented across multiple agencies, it could result in delays and confusion, repeating the implementation shortcomings of the Dodd-Frank era.

Aaron Klein criticized the allegation that financial regulation is influenced by politics, emphasizing that law enforcement should remain independent from the White House or political relationships. He called for increased accountability and prevention of financial misconduct, suggesting that the SEC and CFTC should enhance coordination, and possibly even merge, to improve the efficiency of digital asset and prediction market regulation. In the short term, sharing office space could improve collaboration and be more effective than formal agreements. (CoinDesk)