Regulating autonomous blockchain protocols is not a viable solution — it would kill the technology. Autonomous code cannot comply with competing subjective regulatory requirements across the globe without adding intermediaries, thereby defeating the purpose of the tech.
Most talk about on-chain capital markets focuses on speed and cost. But efficiency without fairness won’t work. My new Law360 piece argues that the next phase of crypto market design is about embedding investor protection and accountability into the architecture itself. Promising technology-based solutions like programmable custody, token-level compliance, and MEV-mitigation tools can bake integrity and fairness into the system, reducing the need for intermediaries without sacrificing investor protection. I think this is both an overlooked policy point and market opportunity in crypto, and can help bridge the gap in DC.

Oct 30, 2025 · 4:45 PM UTC

Replying to @milesjennings
The article doesn't call for regulation at the protocol level; it provides examples of how the market is building safeguards into the stuff that sits on top. In any event, I think it's important to distinguish between baseline DeFi, where I agree autonomy should be preserved, and on-chain capital markets, which is what this article is about. The latter involves important investor protection and market integrity considerations that will require certain safeguards, and in implementing that, market-driven, technology-based solutions are preferable where possible (like many of the tools from Flashbots and Jito's BAM which are designed to improve order execution quality). Without such assurances of basic fairness and integrity, investors and issuers won't participate in on-chain capital markets, nor will regulators be on board.
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You've proposed that builders should adopt compliance solutions in the "architecture" of their protocols (whitelists, verified pools, etc.) to deliver on U.S. regulatory goals and suggested that regulators should be focused on such solutions. That's no different that calling for regulation of protocols. If you argue that "baseline DeFi" should be distinguished from "onchain capital markets", then what you're essentially saying is that securities can't trade on ordinary DEXs and can only trade on protocols that comply with a regulatory scheme. That fundamentally undermines the value proposition of DeFi — it's an approach that eliminates the possibility of those protocols being neutral infrastructure in a global financial system, and instead results in a balkanized and fractured system. Further, you risk opening the door to that being extrapolated to ordinary trading of digital assets. The solutions that many entrepreneurs are working on are great, but market forces — not regulators or policymakers — should dictate whether they're necessary or desirable.
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Replying to @milesjennings
fully agree not only are there differences among each jurisdiction (which would lead to fragmentation of capital markets) but also, law mostly does not consist of objective deterministic rules, so unless you want fascism you have to allow for e.g. multiple interps of American law
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Replying to @milesjennings
Agree entirely, protocols are not financial institutions and encoding policy into code ≠ decentralization. Once compliance logic depends on policy-driven oracles or credential providers, those entities exercise de facto control. It is re-intermediation via code.
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Replying to @milesjennings
Honestly thats all just diplomatic speak for "lets create corp chains so we are in compliance with the state and make lots of money with tradfi and visa!".
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Replying to @milesjennings
Makes sense, autonomy is the whole point of blockchain
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Yes. Not quite the same as introducing intermediaries and enabling any government in the world to censor an address from being able to transact on a protocol.
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Replying to @milesjennings
Super important point. XRP ledger is working to bring as much of the tooling required on chain to support that. But compliance isn't just about the tech stack. It's the processes that monitor, act, etc. I think of blockchains as programmable storage. Its not on its compliant, much like an SSD drive isn't. And yes, that puts us back at centralization of service. So what is the crypto value add? I've always said it, it's all about liquidity, moving value at speed. It's really the only use case. So then look at which blockchains solve that problem, and you'll see 99% don't.
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Replying to @milesjennings
Can’t ask a smart contract to check passports bro
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Replying to @milesjennings
Blockchains are the TCP/IP of value (borrowing the quote from @mechanikalk). TCP/IP doesn't include mechanisms for enforcing laws, monitoring users, or ensuring regulatory adherence.
Replying to @milesjennings
Very true. Inner space, outer space, cyber space and now block space are all best experienced as commons. Keeping them credibly neutral, and having international compacts on the morally unacceptable has always been the path to honor freedom, and stop moloch traps from leading to a totalitarian default state.
Replying to @milesjennings
pure credibly neutral or nothing
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Replying to @milesjennings
totally agree, regulations shouldnt stifle innovation & decentralization now.
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Replying to @milesjennings
Agree, Miles. Speed/fees are hygiene, fairness is the moat. On-chain markets need open access, transparent rules/fees, MEV-resistant order flow & auditable disclosures. Build best-execution into the protocol, not just the UI.
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Replying to @milesjennings
real autonomy means code as law, not law baked into code