Illinois Senate Assemb. SB1797 now heads to the Governor’s desk to become law. 39 to 17. Sounds like a landslide, right? Behind those numbers, as you might imagine, is a bitterly contentious fight – one that every state, heck, every nation is wrestling with. It’s not just about safety versus innovation, liberty versus regulation, but even more about who gets to compete in the new future of finance.

Freedom Or Need? Crypto's Core Question

This bill represents an exciting new direction, in that protecting Illinois residents from the impending Wild West of crypto should be at its heart. Rug pulls, deceptive fees, memecoin catastrophes…everyone is familiar with the scary tales. The Libra token collapse—blessed (in theory) by President Milei—about which insiders allegedly siphoned off more than $107 million? That's not innovation; that's daylight robbery. Relatedly, don’t sleep on Hayden Davis and his WOLF token rug pull disaster. 99% price crash? Someone should be held responsible.

Are we throwing the baby out with the bathwater? Might these regulations — however well intentioned — end up crushing the very innovation they’re intended to protect? Are we creating a system where only the big players, the Coinbases and Krakens of the world, can afford to play?

Think about it like this: it's like regulating the internet in 1995. Imagine if every website had to register with the government, disclose all its fees (bandwidth costs?), and jump through countless hoops. Would we even have the internet we have today? Probably not. Our audacious vibe, our unique culture, our vibrant ecosystem of startups, the disruptive technologies, the sheer creativity… all of it would have been suppressed.

Small Businesses, Big Barriers?

That registration requirement – anyone doing business with Illinois residents has to register with the state’s financial regulator. Sounds simple enough, right? Where does that leave the little crypto startups—the folks, you know, the guys out there building the next generation of cool decentralized applications? The ones who could still be working on a shoestring budget, passion and vision?

Might this turn into a huge barrier to entry? A bureaucratic nightmare meant to protect the well-heeled behemoths? Will this push smart and creative companies away from wanting to be in Illinois? They will likely look for other crypto friendly states, where they can prosper and expand free from overly burdensome regulations.

It's a valid concern. Fee disclosure, too. While we agree with the importance of transparency, are we not making the Illinois-based businesses far less competitive. Are users going to flee to exchanges in states that provide a regulatory sandbox? To accomplish this, they could be willing to assume greater risk. We have to challenge ourselves, are we fixing one challenge, only to create a dozen others?

Does that mean we shouldn’t regulate, though? Absolutely not! The Libra Token fiasco is an example of why we need this oversight. Regulation should be intelligent, focused, and measured.

FeatureSB1797 (Illinois)Hypothetical Lax State
RegistrationRequiredNot Required
Fee DisclosureFull DisclosureLimited Disclosure
Compliance CostsHighLow
CompetitivenessPotentially LowerPotentially Higher

What about the unintended consequences? What of the innovations we haven’t even begun to dream up that are being strangled in their crib by this bill?

Unintended Consequences Inevitable?

Think about the early days of ride-sharing. Uber and Lyft faced massive regulatory hurdles. Just as deeply embedded legacy taxi companies fought tooth and nail to protect their turf. What if those companies were made to comply with all regulations from day one. Would they have still disrupted the transportation industry. Would we enjoy the convenience and affordability of ride-sharing if that were the case?

Crypto is still in its infancy. It’s a disruptive, pioneering technology that could transform finance, supply chains and virtually every industry. And most importantly, we need to allow it to breathe, to experiment, to evolve.

The key is finding that delicate balance. Protecting consumers from fraud without stifling innovation. Make sure transparency doesn’t lead to impossible burdens to participate.

This isn't just an Illinois problem. It's a global challenge. How we choose to meet this challenge is going to determine the future of crypto. Our approach will determine whether it becomes an unexpected game changer or merely a passing fad.

Are we creating a future where crypto puts power in the hands of all people or just those who already have it? That’s the question we should all be trying to answer. The response, quite honestly, is anything but obvious.

Are we building a future where crypto empowers everyone, or just the already powerful? That's the question we need to be asking ourselves. And the answer, frankly, is far from clear.