Executives from Polygon Labs, along with a former director of the Financial Crimes Enforcement Network (FinCEN), have crafted a comprehensive paper proposing a structured regulatory framework aimed at mitigating illicit activities within the decentralized finance (DeFi) sector.
The proposal categorizes DeFi platforms into three distinct classes: platforms under the control of centralized entities, authentic defi systems, and key communication transmitters.
A paper titled “Genuine DeFi as Critical Infrastructure: A Conceptual Framework for Combating Illicit Finance Activity in Decentralized Finance” emerged, offering a fresh perspective on the regulation and oversight of the DeFi space.
The framework meticulously details the degree of regulatory scrutiny and oversight that should be applied to each category, tailoring the approach to effectively address the unique characteristics and operational dynamics inherent to each class of DeFi platforms.
Authored by Polygon Labs CLO Rebecca Rettig, former acting director of the Financial Crimes Enforcement Network (FinCEN) Michael Mosier, and Polygon Labs Senior Public Policy Lead Katja Gilman, the paper delves into innovative strategies for monitoring and mitigating illicit activities in DeFi platforms.
The trio’s collaborative effort seeks to ignite a constructive dialogue on the optimal approaches to regulate DeFi systems. This discourse is particularly crucial given the unique nature of DeFi entities, which operate beyond the realms of traditional, centralized regulatory frameworks.
The report introduces a nuanced classification system for DeFi platforms, breaking them down into three distinct categories to ensure a more precise regulatory approach. The first category encompasses platforms that, despite being labeled as DeFi, rely significantly on centralized actors, effectively making them decentralized in name only. These platforms are deemed more susceptible to regulatory intervention, with the extent of regulation determined on an individual basis through a case-by-case analysis.
Platforms falling into the second category represent truly decentralized systems, aptly termed as “genuine DeFi.” This category suggests a higher level of autonomy and decentralization.
The report advocates for these genuine DeFi systems to be recognized as critical infrastructure, thereby bringing them under the purview of the Treasury Department’s Office of Cybersecurity and Critical Infrastructure Protection (OCCIP), reflecting their significant role and potential impact within the broader financial ecosystem.
Rettig, Mosier, and Gilman firmly assert the distinction between “genuine DeFi ” platforms and traditional financial institutions, emphasizing that the former should not be labeled as financial entities. They propose a separate category for genuine DeFi, conceptualizing it as distinct from the notion of ‘critical infrastructure.’
Adding another layer to this classification, the third category introduced in their framework addresses entities that interact with genuine DeFi systems without being financial institutions themselves, such as RPC node providers. These entities are labeled as “critical communications transmitters.” While they would shoulder certain responsibilities, they would notably be exempt from the compliance mandates dictated by the Bank Secrecy Act (BSA) .
The trio underscores the importance of fostering a constructive dialogue to advance the industry, expressing an eagerness to refine these concepts further through collaborative efforts with stakeholders from both the industry and government sectors. Rettig emphasized the collective anticipation for a progressive, informed discourse to shape the future of DeFi regulation.