Blockchain industry pushes back against SEC’s sweeping audit trail regulations

The brief argues that the CAT poses unique privacy and security related risks for digital asset transactions.

Cover art/illustration via CryptoSlate. Image includes combined content which may include AI-generated content.

The DeFi Education Fund and the Blockchain Association have submitted an amicus brief in support of a legal challenge against the Securities and Exchange Commission’s (SEC) Consolidated Audit Trail (CAT).

The brief highlighted significant privacy and security concerns posed by the CAT, particularly for participants in the digital asset market, and argued that it could potentially erode financial privacy.

The two organizations have previously filed similar briefs against various regulatory issues, including removing airdrops from the SEC’s securities classification.

Consolidated Audit Trail

The CAT, operational since April, represents the largest government-mandated collection of personal financial data in US history. It aims to create a centralized database tracking all securities trades across US markets.

This database would be accessible to SEC regulators and thousands of private staff members without a warrant or probable cause. Critics argue that this level of access raises significant privacy issues, especially in the context of increasingly sensitive financial data.

The NCLA, which initiated the lawsuit in April, argues that the SEC has overstepped its regulatory authority with the creation of the CAT. The case has attracted over 50 amicus curiae briefs, reflecting widespread concern across the financial and crypto sectors.

Unique risks

The brief argues that the CAT poses unique risks for digital asset transactions. The SEC’s position that many digital asset market participants qualify as exchanges, brokers, or dealers could subject these entities to the CAT’s extensive reporting requirements.

This could lead to the linking of personally identifiable information with blockchain wallet addresses, exposing users’ transaction histories to unprecedented scrutiny. Such a prospect has raised alarms about potential overreach and the erosion of financial privacy.

Laura Sanders, policy counsel at the Blockchain Association, emphasized the broader implications of the CAT, stating:

“The CAT program’s sweeping surveillance of personal financial data, including potentially sensitive blockchain transactions, is a significant overreach that threatens to normalize invasive government oversight.”

Additionally, the CAT’s broad scope also creates significant security concerns. With sensitive data from millions of transactions centralized in one database, the CAT could become a prime target for cyberattacks.

This risk is compounded by the number of individuals with access to the system, further heightening fears about the potential for data breaches that could compromise both traditional financial data and blockchain transaction records.