Nearly every white collar crime fundamentally involves some sort of unauthorized communication. (Insider trading, for example, involves receiving information by virtue of a trusted position and then communication information to a broker which causes them to execute trades on your behalf). We can even get beyond white collar: hiring a hitman is obviously illegal even if it involves. communication.
I'm not saying (in this comment) crypto is necessarily bad. I am saying you need to defend it on the merits; it's just info so it's ok isn't how anything in society works.
You don't get to summarily declare crypto verboten and make crypto prove it's okay -- the burden is on crypto's detractors to show specifically why it's bad.
Gensler doesn't get to wave his hand and eliminate crypto. But he does get to bring lawsuits against crypto companies alleging they violate existing law. He will have the burden of proof in those lawsuits. If he wins them he may be able to effectively eliminate crypto through application of existing law.
Edit: I realize "you have to defend it on the merits" was poorly phrased. What I meant was that I predict judges will find crypto against existing law. So if you want it to be allowed you'll need to argue for new laws. But it was a very bad way to put it.
I'm not saying this as particularly pro OR anti, but feels like there's a lot of heads in the sand on the fact that some of this stuff provably works VERY WELL, and its especially odd that even tech folks (who would be expected to understand it) appear to be so "luddite" on it.
(You can pick which word)
And the "sophisticated" part is important. This is where Gensler failed hard. You have to make the case.
https://cs.stanford.edu/people/eroberts/cs181/projects/2010-...