Riesgos éticos y medidas de protección regulatorias en la legislación estadounidense sobre criptomonedas: Reestructuración del confianza institucional y de la viabilidad del mercado

The U.S. crypto market has long grappled with a paradox: its potential to disrupt traditional finance is matched only by its susceptibility to ethical and regulatory risks. In 2025, a wave of legislative reforms-most notably the Digital Asset Market Clarity Act (CLARITY Act), the GENIUS Act, and bipartisan Senate proposals-has begun to address this tension. These measures aim to balance innovation with investor protection, reshaping institutional trust and the long-term viability of crypto markets. By codifying ethical safeguards such as customer asset segregation, cybersecurity standards, and stablecoin reserve requirements, the U.S. is laying the groundwork for a more stable and credible digital asset ecosystem.

A New Framework for Digital Commodities

The CLARITY Act, passed by the House in July 2025, represents a pivotal step toward regulatory clarity. By defining digital commodities through a blockchain-centric lens and assigning joint oversight to the SEC and CFTC, the bill seeks to eliminate the ambiguity that has plagued crypto markets for years according to the bill text. This dual-agency approach ensures that securities and commodities are treated distinctively, reducing the risk of retroactive enforcement actions that have historically deterred institutional participation.

Meanwhile, the Senate Agriculture Committee's bipartisan discussion draft has taken a more exclusive approach, granting the CFTC sole jurisdiction over spot markets for digital commodities. This framework mandates core market-integrity obligations, including segregation of customer assets and robust cybersecurity protocols as outlined in the draft. Such provisions directly address past failures, such as the collapse of FTX in 2022, where commingling of customer funds exacerbated systemic risks. By institutionalizing these safeguards, the U.S. is signaling to global markets that crypto infrastructure must meet the same prudential standards as traditional finance.

Stablecoins: From Wild West to Regulated Infrastructure

The GENIUS Act, signed into law in July 2025, has been the most transformative piece of legislation for institutional trust. By requiring payment stablecoin issuers to maintain one-to-one reserves of U.S. dollars or short-term Treasuries, the Act eliminates the volatility and opacity that once characterized stablecoins according to the legislation. This bank-like regulatory framework ensures that stablecoin holders are treated as secured creditors in insolvency proceedings, a critical step toward aligning stablecoins with the expectations of institutional investors.

The impact of this legislation is already evident. According to a report by BitGo, the number of institutional-grade stablecoin custody solutions increased by 300% in 2025, driven by the clarity provided by the GENIUS Act as BitGo reported. Furthermore, the prohibition on yield generation for stablecoin holders has curtailed speculative practices that previously distorted liquidity markets. As noted by Chainalysis, these changes have positioned the U.S. as a global benchmark for stablecoin regulation, with jurisdictions like the EU and Singapore adopting similar reserve-requirement models according to Chainalysis.

Institutional Trust and the Rise of Tokenized Finance

The 2025 legislative wave has also catalyzed a surge in institutional adoption. The repeal of SAB 121-a long-standing accounting rule that restricted banks from handling crypto-has enabled financial institutions to treat digital assets as legitimate collateral and investment vehicles as detailed in BitGo's analysis. This shift is reflected in data from AIMA, which reported that 55% of traditional hedge funds had digital asset exposure in 2025, up from 47% in 2024 according to AIMA's press release.

Regulatory clarity has further spurred innovation in tokenized finance. The launch of spot Bitcoin ETFs, tokenized money market funds, and blockchain-based settlement systems (e.g., Visa and PayPal's stablecoin initiatives) underscores the transition of crypto from speculative niche to institutional-grade asset class as BitGo reported. As stated by the Strategic Bitcoin Reserve (SBR) report, the U.S. government's designation of seized BTC as a national asset has reinforced confidence in the market's legitimacy, with over $12 billion in institutional inflows recorded in Q4 2025 alone according to the SBR report.

Ethical Risks and the Path Forward

Despite these advances, challenges persist. The Bybit hack in 2025, which exposed vulnerabilities in unregulated infrastructure, highlights the need for global coordination. While the U.S. has made strides in setting standards, regulatory arbitrage remains a risk, particularly in jurisdictions with lax oversight. As emphasized by the Transatlantic Taskforce for Markets of the Future, harmonizing U.S. and U.K. regulatory approaches will be critical to preventing fragmentation and ensuring consistent ethical safeguards as Benesch noted.

Moreover, the rise of tokenized assets introduces new compliance complexities. Cybersecurity standards, while mandated by the Senate's discussion draft, must evolve to counter sophisticated threats. Data from TrmLabs indicates that 2025 saw a 40% increase in illicit crypto activity compared to 2024, underscoring the need for real-time information sharing among compliant virtual asset service providers (VASPs) according to TrmLabs.

Conclusion: A Foundation for Long-Term Viability

The 2025 U.S. crypto legislation marks a turning point in the maturation of digital assets. By codifying ethical provisions that prioritize transparency, stability, and accountability, lawmakers have created a framework that aligns with the expectations of institutional investors. The CLARITY Act's regulatory clarity, the GENIUS Act's stablecoin safeguards, and the Senate's market-integrity mandates collectively address the ethical risks that once hindered crypto's adoption.

As global markets increasingly look to the U.S. for regulatory leadership, the long-term viability of crypto hinges on sustained enforcement of these standards. While challenges like financial crime and cross-border coordination remain, the momentum generated by 2025's reforms suggests that digital assets are no longer a speculative fad but a foundational component of the financial ecosystem. For institutions, the message is clear: the era of crypto as a high-risk, low-trust asset is giving way to a new paradigm where ethical rigor and regulatory safeguards drive value.