The U.S. House of Representatives passed the Central Bank Digital Currency (CBDC) Anti-Surveillance State Act, introduced by Rep. Tom Emmer (R-Minn.) on May 23, 2024. The legislation was approved by 216-192 votes to prevent the Federal Reserve from directly offering CBDC to individuals and using it to implement monetary policy.
The bill, which had the backing of all Republican representatives and three Democrats—Mary Peltola of Alaska, Marie Perez of Washington, and Jared Golden of Maine—marks a pivotal moment in the ongoing debate over digital currency and financial privacy in the United States.
My legislation ensures that the United States’ digital currency policy remains in the hands of the American people so that any development of digital money reflects our values of privacy, individual sovereignty, and free market competitiveness, Emmer stated.
CBDC Anti-Surveillance Act: Privacy Protection
Introduced in September 2023, Emmer’s bill quickly garnered significant support, with 165 Republicans among its cosponsors by the time of the vote. The act forms part of a broader legislative push to define the US approach to digital currencies. Just a day before the CBDC Act passage, the House approved the Financial Innovation and Technology for the 21st Century Act (FIT21 Act), which will also move to the Senate.
The CBDC Anti-Surveillance State Act addresses growing concerns over the potential misuse of digital currencies for government surveillance. Emmer underscored these issues by drawing connections to what China has done with CBDC to monitor citizens’ spending habits and referenced Canada’s actions during the 2022 trucker protests, mentioning the government froze protestors’ bank accounts.
Emmer stressed that having a law like this in place is essential to ensure that the federal government doesn’t develop a financial surveillance tool that would undermine Americans’ privacy and autonomy.
Advocates and Critics Clash Over CBDC Legislation
Supporters of the bill argue that this bill is crucial for protecting financial privacy in this digital era. They argue that all the government digital currencies must follow the same mode as that of cash, which should be “open, permissionless, and private.” This will make sure that the digital dollar does not become a tool for government surveillance or control.
However, critics argue that a CBDC could undermine the existing financial system and infringe on individual rights. The American Bankers Association (ABA) and the Independent Community Bankers of America (ICBA) have voiced concerns that a CBDC would pose unacceptable risks and costs to the financial system. Furthermore, the Blockchain Association has highlighted the potential privacy threats that could arise from a government-issued digital currency.
The bill now moves to the Democrat-controlled Senate, where its future remains uncertain. The Senate recently passed Joint Resolution 109, which seeks to overturn the SEC’s staff accounting bulletin (SAB) 121, indicating a willingness to engage with financial regulatory issues. Whether the Senate will extend this engagement to Emmer’s CBDC Anti-Surveillance State Act is yet to be seen.
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