Crypto vs. Regulators: Is situation worst than the UK Red Flag Act of 1865?

Sam Vishwas
4 min readMar 23, 2023

As someone interested in the world of cryptocurrency and blockchain, I recently came across an article on Coinbase’s blog titled “We asked the SEC for reasonable crypto rules for Americans. We got legal threats instead.” The article details Coinbase’s frustration with the lack of clear regulation and guidance from the US Securities and Exchange Commission (SEC) when it comes to cryptocurrency. Reading this article, I couldn’t help but draw parallels to the time of the UK’s Locomotive Acts in the mid-19th century.

The Red Flag Act required 3 person crew to drive a car on the UK roads

The Locomotive Acts (aka The Red Flag Act), which were introduced in the UK in response to the increasing popularity of steam-powered vehicles, required a crew of three for steam-powered vehicles on roads, consisting of a driver, a fireman, and a person walking ahead of the vehicle waving a red flag as a warning to pedestrians and horse-drawn vehicles. The idea was to limit the speed of these vehicles to a walking pace, which was seen as a necessary safety measure given that they were faster and heavier than the existing horse-drawn carriages and carts.

American auto industry was on the rise in early 1900

In contrast, the US had no specific laws regulating the use of early automobiles until the early 1900s. However, lawsuits and accidents involving automobiles led to the introduction of state-level laws regulating their use. For example, in 1895, the state of New York passed the first law requiring vehicles to be registered, and in 1901, the state of Connecticut passed the first law requiring drivers to have a license. Other states soon followed suit, and by 1913, all states had laws regulating the use of motor vehicles. Unlike in the UK, there was no requirement for a red flag man to walk in front of vehicles in the US, and laws focused on issues such as vehicle registration, driver licensing, and speed limits. The introduction of these laws paved the way for the growth of the US automotive industry, with manufacturers such as Ford and General Motors producing increasingly popular and affordable cars for the mass market.

Today, the situation between crypto proponents and lawmakers is even worse. With new technologies being invented at an unprecedented pace, it’s crucial for lawmakers to keep up with the “dy/dx” of these innovations and update laws accordingly. Failure to do so may result in stifling innovation and growth in this exciting new field. By striking a balance between regulation and innovation, we can ensure the full benefits of new technologies are realized while minimizing potential risks. The urgency of the situation cannot be overstated, and it’s time for lawmakers to act quickly and in accordance with the changing landscape of science and technology.

In the world of cryptocurrency and blockchain, companies like Coinbase are calling for clearer regulations from the SEC to provide guidance on how to operate in this rapidly changing landscape. While some level of regulation is necessary to prevent fraud and protect consumers, overly restrictive or unclear regulations can stifle innovation and limit the potential benefits of this technology.

By taking a proactive approach and implementing thoughtful regulation, lawmakers can help foster a thriving and innovative cryptocurrency industry, much like the laws put in place in the early 1900s helped pave the way for the growth of the US automotive industry. It’s time for regulators to work with industry experts to create regulations that strike a balance between innovation and protection, ensuring that the full benefits of new technologies like blockchain and cryptocurrency can be realized.

As digital technologies and innovations increasingly shape our future, it’s crucial for both regulators and innovators to collaborate in creating a framework that promotes innovation and ensures safety and security. Despite the current uncertainty between crypto and regulators, this presents an opportunity to establish a middle ground that fosters growth and minimizes risks, leading to a more inclusive and dynamic economy for all. Reflecting on past examples such as the Locomotive Acts and the automotive industry, it’s clear that thoughtful regulation can support innovation and growth. By applying this approach to cryptocurrency and blockchain, we can create a regulatory framework that supports innovation, protects consumers, and creates a brighter future for society.

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Sam Vishwas

Experienced software architect available for work. 25+ years of design & development experience. Blockchain enthusiast skilled in multiple languages.