The Case for Preempting State Money Transmission Laws for Crypto-Based Businesses

Goforth, Carol R.

Journal: Arkansas Law Review

Volume: 73

First Page: 301

Year: 2020

Bluebook Citation: 73 ARK. L. REV. 301 (2020)

Author: Carol R. Goforth: all 20 publications


Abstract

Few industries are evolving as rapidly or as dramatically as those involving payment systems. The recent advent and spread of cryptocurrencies and associated trading platforms and exchanges, as well as ongoing improvements and innovations in FinTech generally, ensure that this is going to continue for the foreseeable future. Along with this rapid change has come a dynamic increase in the number and range of payment startups, a development that has been recognized as likely to redound to the benefit of consumers and the broader economy. The problem is simply that regulation is not keeping up with innovation.

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