Los Angeles Times

Facebook’s Libra plan draws more fire

The cryptocurr­ency would pose privacy, national security risks, House members say.

- By Ben Bain and Robert Schmidt Bain and Schmidt write for Bloomberg.

Facebook Inc. took a beating for a second straight day over its controvers­ial cryptocurr­ency plans as Democratic lawmakers argued the proposal posed vast privacy and national security risks.

At a Wednesday hearing before the House Financial Services Committee, Chairwoman Maxine Waters (DLos Angeles) compared Facebook to Wells Fargo & Co. and Equifax Inc., two scandal-ridden companies that have come under scrutiny for harming consumers. If Facebook issues its Libra token, she said, the company will “wield immense power that could disrupt” government­s and central banks.

Waters and other committee Democrats have crafted legislatio­n to bar the company from proceeding with the coin until it can be properly vetted. In his testimony, Facebook executive David Marcus reiterated that the social media giant won’t go ahead with the cryptocurr­ency until regulators and government­s across the world are satisfied. Democrats were unmoved.

Still, Marcus found more friends in the House than he did Tuesday in front of the Senate Banking Committee, giving some hope that Facebook could weather the political storm it unleashed a few weeks ago when it announced its Libra plans. One Republican on the financial services panel called the digital money idea brilliant, while others said they worried their Democratic colleagues were trying to stifle progress and thwart vital financial technology.

“Washington must go beyond the hype and ensure that it’s not the place where innovation goes to die,” said Rep. Patrick T. McHenry of North Carolina, the panel’s highest-ranking Republican. While saying he was appropriat­ely skeptical of Facebook’s proposal, McHenry urged lawmakers to move beyond making the company a political whipping boy.

“Change is here. Digital currencies exist,” he said. “Facebook’s entry in this new world is just confirmati­on.” It hasn’t been an easy few weeks for Facebook and its cryptocurr­ency project. Before the Capitol Hill grillings, President Trump criticized Libra on Twitter, and Federal Reserve Chairman Jerome H. Powell and Treasury Secretary Steven T. Mnuchin indicated that the company would have a tough time satisfying a slew of regulatory issues.

A parade of senators from both parties criticized Facebook at Tuesday’s Senate panel hearing, saying the company can’t be trusted to handle people’s financial transactio­ns. Much of the day focused on Facebook’s missteps involving privacy breaches and allowing Russian propaganda designed to influence the 2016 presidenti­al election on its platform.

Despite the outcry, it would be difficult for Congress to block Facebook’s plans. U.S. lawmakers haven’t passed any significan­t laws on cryptocurr­encies, and no federal agency has establishe­d itself as the primary overseer for virtual coins. At least half a dozen regulators — including the Securities and Exchange Commission, the Commodity Futures Trading Commission and parts of the Treasury Department — have claimed some turf.

In his House testimony Wednesday, Marcus again said the company knew it was only “at the beginning of this journey” and was eager to get input from government­s, central banks and others across the globe. The digital money operations are being headquarte­red in Switzerlan­d.

“We expect the review of Libra to be among the most extensive ever,” he said. “We are fully committed to working with regulators here and around the world.”

But his refusal to agree to the moratorium proposed by Democrats, or even a pilot program that would test how Libra functions before a full-scale launch, infuriated Rep. Carolyn B. Maloney (DN.Y.), whose constituen­cy includes many Wall Street bankers. “You’ve breached the trust of users over and over again,” she said, adding that lawmakers should consider halting the project.

Under questionin­g, Marcus alluded to the regulatory gray area that Facebook’s digital coin could occupy.

He told the panel that Facebook doesn’t consider the token to be a security or an exchange-traded fund, meaning it would not be regulated by the SEC. And though he said Libra may be seen as a commodity under current law, its oversight is still an open question. “We believe it is a payment tool,” Marcus said.

Facebook is talking to the Swiss financial regulator as well as the Group of Seven about what rules might apply, he added. Among the issues he said are being addressed: privacy concerns, money laundering, terrorism finance and any potential effect on sovereign currencies.

Marcus also sought to downplay Facebook’s leading role in the project, noting that it would be just one of dozens of corporatio­ns involved. However, he acknowledg­ed that thus far the social media giant was the only company to have spent money or developed the technology for the project.

Republican­s on the panel generally argued that it was premature for Congress or regulatory agencies to clamp down on Libra. The government, they said, shouldn’t get in the way of private-sector progress.

“This is absolutely brilliant,” Rep. Sean P. Duffy (RWis.) told Marcus. “I was shocked at how bright it was.”

 ?? Andrew Harnik Associated Press ?? A “ZUCK BUCK” with Facebook CEO Mark Zuckerberg’s image looms behind Facebook exec David Marcus.
Andrew Harnik Associated Press A “ZUCK BUCK” with Facebook CEO Mark Zuckerberg’s image looms behind Facebook exec David Marcus.

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