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Home»Regulation»Privacy Emerges as Defining Regulatory Fault Line at SEC Crypto Roundtable
Regulation

Privacy Emerges as Defining Regulatory Fault Line at SEC Crypto Roundtable

December 18, 2025No Comments
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Regulators and industry players are considering how far financial oversight should extend as digital asset markets evolve.

Earlier this week, the SEC’s Crypto Working Group held its sixth roundtable, addressing what Chairman Paul Atkins described as one of the most important questions for the digital age: whether U.S. citizens “can participate in modern finance without giving up their privacy.”

The event brought together regulators, privacy advocates, industry participants and observers in a broad discussion on how financial surveillance and individual privacy should coexist in an increasingly blockchain-driven world.

In his opening remarks, Atkins said the federal government has a duty to protect national security and deter illicit financing, but stressed that this must be balanced against the “core American value” of being free to manage one’s financial affairs without omnipresent surveillance.

Atkins minced no words when describing the risks he envisions: “Public blockchains are more transparent than any existing financial system ever built,” he said, and observed that while such transparency can help law enforcement, it also creates the potential for unprecedented government and private surveillance. He warned that if regulators treated “every wallet as a broker, every software as an exchange, every transaction as a reportable event, and every protocol as a convenient surveillance node,” then “the government would transform this ecosystem into a financial panopticon.”

Indeed, he repeated what became a defining phrase of the session: pushed in the wrong direction, crypto “could become the most powerful financial surveillance architecture ever invented.”

Atkins also acknowledged the SEC’s history in this area, noting that tools such as the Consolidated Audit Trail (CAT) were developed with good intentions but ended up pushing the agency closer to mass surveillance than initially anticipated. “Unfortunately, the federal government’s insatiable desire for data has expanded these tools in ways that increasingly endanger the freedom of American investors,” he added.

Despite these concerns, Atkins said the technology offers mechanisms that could preserve privacy while supporting regulatory goals. He highlighted innovations such as zero-knowledge proofs, selective disclosure systems, and wallet designs that enable compliance without giving up full visibility into user activity. “We can imagine systems in which a regulated platform can demonstrate that its users have been checked, without the possibility of keeping a permanent card, person by person, of each payment, exchange or donation,” he added.

Commissioner Hester Peirce, who leads the crypto task force, echoed many of these themes in her own remarks. She stressed that privacy should be “the norm, not an indicator of criminal intent,” and she urged regulators to resist the urge to rely on intermediaries simply to create more data points for surveillance purposes.

Pierce also argued that the rise of decentralized transactions – such as tokenized securities that can take place without a broker – creates both challenges and opportunities for rethinking how surveillance fits into modern markets.

Echoing these points, SEC Commissioner Mark Uyeda also warned against uncontrolled data collection. Uyeda referenced fundamental principles such as the Fourth Amendment and warned that indiscriminate aggregation of personal financial data creates “a tantalizing opportunity for abuse.” He asked whether tools such as zero-knowledge proofs could be used not only to enable compliance, but also to improve privacy rights.

Apart from formal speeches, participants and industry observers shared their reactions in real time on social media. Paul Brigner, a crypto policy leader, posted highlights of the panel discussion on X (formerly Twitter), describing the conversation as a critical acknowledgment that regulators need to reconsider how they incorporate privacy into digital asset oversight.

Brigner’s comment also reinforced the idea that the meeting was not just about regulating but about shaping a new paradigm. Highlighting the roundtable’s focus on financial privacy, he suggested that the dialogue itself marks a shift in how policymakers approach the intersection of digital finance and civil liberties.

Also present were panelists from groups including the Blockchain Association, Zcash and the Crypto Council for Innovation, who discussed risks and potential safeguards. Many highlighted privacy-enhancing technologies that could allow lawful activities to remain safe from unwanted exposure while enabling compliance with anti-money laundering and anti-terrorism financing rules.

Although no immediate regulatory action emerged from the session, the roundtable made clear where the debate within the SEC and the broader policy community is headed. It has been widely recognized that as blockchain adoption increases, regulators and stakeholders must balance the inherent transparency of distributed ledgers with the need to protect individual privacy, and that this balance will be central to future U.S. crypto policy.

Ultimately, the roundtable was as much about conversation as it was about consensus. Speakers repeatedly returned to the idea that the future of financial privacy in the digital age depends on adopting technological advances that enable compliance without sacrificing civil liberties.



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