Bitcoin, cryptocurrencies and regulation

Risks, rewards and regulation

“Investors are being drawn into digital currency trading by rocketing prices and the potential transformation to payments technology, but regulators are concerned about criminal activity and financial risks.”

— Derek Parker


Regulating cryptocurrencies

In a previous post, we published “An adviser’s guide to cryptocurrencies” and supplemented that with a LinkedIn post focusing more on the insurance implications. 

Consumers, advisers and compliance people are still showing enormous interest in cryptocurrencies (as an alternative or speculative investment) but the future regulation we anticipated now seems to be imminent.

For accessible views on this topic we’d direct your attention to “Should governments control bitcoin” and “What to Expect When CFTC, SEC Chiefs Talk Crypto With Congress“. While the Australian position has yet to be clarified, in the US at least, there seems to be a rapidly emerging realisation that 

“Overall, a rationalized federal framework may be more effective and efficient in ensuring the integrity of the underlying market ”

— Jay Clayton, Securities and Exchange Commission (SEC)


Disruption, digitisation and disjointed regulation

We’re interested in cryptocurrencies, but we think it’s important that compliance staff don’t get so distracted by bitcoin volatility that they lose sight of the broader issues of disruption, digitalisation and disjointed regulation. We’d recommend anyone interested in remaining informed and relevant read Thomson Reuters’ Special Report on the state of Regulatory Reform. 

“Compliance officers and regulatory professionals everywhere are bracing to address these changes, and keep up with the unbridled development of digital technology as it affects their operations.”

— Thomson Reuters’ Regulatory Intelligence Team 2018

Download the Thomson Reuters Report


A retrospective view of required regulation

“Cryptos are here to stay. Who and what will regulate these cryptos will depend largely upon how they come to be defined. ”

— Ed Howden, Emory International Law Review

For those of you who are historically minded, we’d recommend Ed Howden’s 2015 article “The Crypto-Currency Conundrum: Regulating an Uncertain Future“.

Don’t let the title put you off (it was originally published in the Emory International Law Review) because it’s a thorough, accessible and well-researched piece about Bitcoin and the ‘need’ for cryptocurrencies.

Download “the crypto-currency conundrum”


Tempering enthusiasm

The last word on cryptocurrencies should go, appropriately enough, to someone with more than a passing interest in the topic.

“Reminder: cryptocurrencies are still a new and hyper-volatile asset class, and could drop to near-zero at any time.
Don’t put in more money than you can afford to lose. If you’re trying to figure out where to store your life savings, traditional assets are still your safest bet.”

— Ethereum founder, Vitalik Buterin

Whatever his motivation, I think Buterin’s warning should be formally acknowledged by anyone advised to invest in these assets. As a mandated disclosure, it would likely do little to dampen the popular interest in cryptocurrencies but it may, at least, prepare investors for the inevitable consequences of speculative investing.

Keep exploring

ASIC’s mortgage broker review: When compliance processes fail to protect consumers

October 14, 2026

ASIC’s mortgage broker review exposes weaknesses in loan recommendations, compliance monitoring and complaints handling. For credit licensees, the challenge is to show that compliance processes do more than satisfy procedural requirements: they identify conduct risks, support good consumer outcomes, and provide meaningful assurance to management.

AFCA’s reasonable care approach: insurance application risks for advisers and AFSL holders

October 12, 2026

AFCA's reasonable care approach highlights insurance application risks for financial advisers and AFSL holders. Learn how to strengthen application controls, preserve evidence and assess complaints involving inaccurate disclosures and declined insurance claims.

Subscribe

Every fortnight “Three Hit Tuesday” delivers thought leadership, considered analysis and insights that will help you improve your advice, more effectively manage your regulatory risks and make you better informed than your peers.

AS-Subscribe Form

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

We respect your privacy. We know everyone says that, but we promise that we won’t sell your contact details to dodgy telemarketers, spam your email or otherwise exploit your trust.

Step 1 of 8 - Your Role

This field is for validation purposes and should be left unchanged.

Assess your ASIC exposure

Answer a few targeted questions to identify where your compliance may not stand up under ASIC review.

Takes less than 2 minutes. No preparation required.

What best describes your role?