Handling Digital Assets in the United States

Kristin Johnson’s Proposal for Handling Digital Assets in the United States

In a recent discussion on how to handle digital assets in the United States, lawyer Kristin Johnson presented multiple potential paths. She emphasized the need for a clear framework and guidance to ensure proper governance and regulation of this emerging asset class.

Addressing Digital Assets Through Congress

Johnson suggests that one way to approach this issue is through Congress. By enacting specific legislation and regulations, policymakers can establish a legal framework that governs the handling and trading of digital assets. This would provide clarity and certainty to investors, businesses, and individuals dealing with these assets.

However, Johnson acknowledges that getting a comprehensive bill passed through Congress may be challenging. The complex nature of digital assets and the varying interests of stakeholders could create obstacles. Nonetheless, she believes that involving Congress is crucial to ensure effective and uniform regulation nationwide.

Private Companies Taking the Lead

Another option proposed by Johnson is to have private companies take the lead in establishing governance standards for digital assets. This approach would involve industry leaders coming together to form self-regulatory organizations.

These organizations would develop guidelines, best practices, and codes of conduct to govern the digital asset industry. While this approach may lack the binding force of legislation, it would provide a degree of flexibility and agility in adapting to the rapidly changing landscape of digital assets.

The Role of the Courts

Johnson also highlights the role of the courts in shaping the legal precedent for digital assets. As disputes arise, the courts play a vital role in interpreting existing laws and establishing new principles applicable to this unique asset class.

Though slow and potentially inconsistent, judicial decisions can provide valuable insights into how digital assets should be treated legally. They can address issues such as property rights, contractual obligations, and liability, gradually shaping a cohesive legal framework.


Kristin Johnson’s proposed paths for handling digital assets in the United States encompass involving Congress, private companies, and the courts. Each approach brings its own advantages and challenges, and a combination of these paths may ultimately be necessary to establish a comprehensive framework that governs the digital asset landscape effectively.


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