Education on Blockchain & Web3 policy, fundamentals, and use cases. 🔺Ava Labs Legal team 🌐 Discover more in our podcast and in https://xitter.cf/t.co/mblw6uKUwq

Joined July 2022
Avalanche Policy Coalition 🔺 retweeted
What should determine how blockchain is regulated: the technology itself or the activity taking place? Today, we explore two key areas of the EU’s MiCA review: token classification and DeFi. From tokenized bonds to blockchain protocol developers, the distinction between financial activity and the technology enabling it crucial to understand. Regulation should focus on the risks involved, the activities being performed, and who has control, allowing the framework to evolve alongside the technology. For more details, check out the APC’s latest article on the MiCA review: avalanchepolicy.com/en/artic… #blockchain #MiCA #regulation #EU #avalanche
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For @KofiGenfi, one of the most interesting things about digital assets in African markets is how strongly they are shaped by real-world need. If a technology is useful, people will use it. If it doesn’t solve a meaningful problem, the technology itself isn’t enough. This perspective offers an important and different way to think about where digital assets can create lasting value across different African markets, especially when the needs, infrastructure, and opportunities vary so widely from one jurisdiction to another. Discover more in the full episode: open.spotify.com/episode/3zH…
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What should determine how blockchain is regulated: the technology itself or the activity taking place? Today, we explore two key areas of the EU’s MiCA review: token classification and DeFi. From tokenized bonds to blockchain protocol developers, the distinction between financial activity and the technology enabling it crucial to understand. Regulation should focus on the risks involved, the activities being performed, and who has control, allowing the framework to evolve alongside the technology. For more details, check out the APC’s latest article on the MiCA review: avalanchepolicy.com/en/artic… #blockchain #MiCA #regulation #EU #avalanche
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If two African businesses want to trade with each other, why should their money have to travel through London? Our featured podcast starts with the financial connections that are missing and what digital assets could help build in their place. Back in Washington, our latest comment letter asks the SEC to put a specific test into its rules for when an investment contract ends. We then look at the trading venues the agencies are making room for while Congress waits for the midterms: linkedin.com/pulse/news-from…
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A new article is here! And this time, we’re looking at the EU’s MiCA review and what comes next for digital asset regulation. From token classification to DeFi, we explore why regulation should focus on the activity taking place and the risks involved, rather than the technology itself. We also explain why distinguishing between intermediaries and the infrastructure they use is so important for the future of tokenization and DeFi. Read our latest article to learn more about our take on MiCA and where regulation goes from here: avalanchepolicy.com/en/artic… #EU #MiCA #Blockchain #Europe #Crypto
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Avalanche Policy Coalition 🔺 retweeted
In this Crypto Quick Take, we are joined by @_jikim, CEO of @crypto_council, as he discusses how regulatory clarity can shape the United States’ competitive position in the digital asset industry. He explains how jurisdictions like the EU, Singapore, Hong Kong, and Japan are moving forward with regulatory frameworks while the U.S. continues to develop its own. Ji Hun also shares why progress from agencies like the SEC, CFTC, and OCC will be important in providing clearer rules for the industry. Thank you, Ji Hun, for sharing your insights, and we’ll be back next week with another Crypto Quick Take! #CryptoCouncil #blockchain #crypto #policy #avalanche
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In this Crypto Quick Take, we are joined by @_jikim, CEO of @crypto_council, as he discusses how regulatory clarity can shape the United States’ competitive position in the digital asset industry. He explains how jurisdictions like the EU, Singapore, Hong Kong, and Japan are moving forward with regulatory frameworks while the U.S. continues to develop its own. Ji Hun also shares why progress from agencies like the SEC, CFTC, and OCC will be important in providing clearer rules for the industry. Thank you, Ji Hun, for sharing your insights, and we’ll be back next week with another Crypto Quick Take! #CryptoCouncil #blockchain #crypto #policy #avalanche
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When a payment between two African markets has to travel through several international financial centers before reaching its destination, the path can be long, costly, and inefficient. However, this creates a very practical opportunity for digital assets. In our latest episode, Jannah Patchay and Kofi Genfi discuss how stablecoins and tokenized assets could help create more direct routes for trade, payments, and investment between African markets. The opportunity looks different across the continent, but the underlying need is clear: better ways to connect markets that already have reasons to trade with one another. Listen now: open.spotify.com/episode/3zH…
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Avalanche Policy Coalition 🔺 retweeted
What happens when a blockchain network can operate without central control? The Avalanche Policy Coalition recently submitted a comment letter to the SEC proposing Rule 401, a new framework recognizing when a covered investment contract could cease to exist as a network becomes functional and autonomous. As blockchain continues to evolve, its legal treatment should be able to evolve with it. Follow APC for more updates on digital asset policy. 🦉 #blockchain #crypto #avalanche #SEC #CFTC #Regulation
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What happens when a blockchain network can operate without central control? The Avalanche Policy Coalition recently submitted a comment letter to the SEC proposing Rule 401, a new framework recognizing when a covered investment contract could cease to exist as a network becomes functional and autonomous. As blockchain continues to evolve, its legal treatment should be able to evolve with it. Follow APC for more updates on digital asset policy. 🦉 #blockchain #crypto #avalanche #SEC #CFTC #Regulation
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A new episode of The Policy Layer is here, and this time we’re heading to Africa to explore the rapidly evolving digital asset landscape across a continent made up of 54 different countries, markets, and regulatory environments. Jannah Patchay and Kofi Genfi join us to look beyond adoption and into what is being built underneath it: infrastructure, stablecoins, tokenized assets, regulation, and new connections between African markets and global capital. From the challenges facing existing financial infrastructure to the opportunities digital assets can create for trade, investment, and payments, this episode offers a closer look at why there is no single story when it comes to digital assets in Africa. Listen to Episode 72, Digital Assets in Africa – Heterogeneity and Opportunity, for a deeper look at the markets, infrastructure, and opportunities shaping Africa’s digital asset future: 🟢 open.spotify.com/episode/3zH… 🟣 podcasts.apple.com/us/podcas… 🌐avalanchepolicy.com/en/podca… #Blockchain #africa #regualtion #Crypto2026 #avalanche
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6/ Control must be assessed by what someone can do, not simply what they own. A foundation holding 20% of a token supply would not, by itself, establish control. An upgrade key matters if it can alter custody, transaction ordering or finality, or balances.
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8/ Disclosure would still matter. Eligible parties could publish a statement identifying the asset, explaining how functionality was achieved, and showing why the system is not controlled. That statement would create a rebuttable presumption, while certification on Form TR would remain optional.
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9/ Our ask: codify the SEC’s existing analysis in binding rule text and clarify that technical functionality is distinct from an issuer’s promised development objectives. Rule 401 would give market participants an objective, independently verifiable standard without changing proposed Rule 400. Read our full comment letter here: avalanchepolicy.com/en/comme…
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3/ Functional means the crypto asset can be used on the network or application according to its programmatic utility. Not controlled means no person or group has operational, economic, or voting control over key functions of the system.
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5/ Rule 401 would complement, not replace, proposed Rule 400. Rule 400 examines whether an issuer fulfilled its representations or promises. Rule 401 would independently assess the network’s observable technological condition.
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4/ The SEC has explained why functionality is so important: a functional crypto system without a central party does not support a reasonable expectation of profits derived from the essential managerial efforts of others. That’s central to the Howey analysis.
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Replying to @AvaLabs
@AvaLabs filed a second comment letter on proposed Reg Crypto today. We’re urging the SEC to codify its own analysis of when a covered investment contract ends. Functionality matters.
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2/ The standard: a CIC ceases to exist once the associated crypto network or application is functional and not controlled. This builds on the @SECGov's March 2026 Joint Interpretation, the Reg Crypto proposing release, and the staff’s September FAQs.
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