Hyperliquid, Aster, And The Hard Truth About Decentralized Exchanges In The US

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While most are looking at the recent public feud between Changpeng Zhao and Star Xu as some like of popcorn moment, I looked at it as a misunderstanding about decentralized finance regulations. Changpeng Zhao recently praised the decentralized exchange Hyperliquid for its technological brilliance. He acknowledged its unique market position and admitted Binance cannot easily replicate it. However, he also made a crucial point about compliance. He stated clearly that operating a decentralized exchange without Know Your Customer (KYC) checks in the United States violates federal law. Star Xu immediately fired back, accusing Zhao of hypocrisy and pointing out that Binance secretly backed a similar project called Aster. While this drama makes for great entertainment, it distracts from a fundamental legal reality. This debate goes far beyond mere corporate rivalry and strikes at the very heart of how global finance operates. Changpeng Zhao correctly interprets the law. A decentralized exchange simply cannot offer derivatives or leveraged trading to American residents without strict identity verification.

Let us break down exactly why this legal wall exists. The United States Commodity Futures Trading Commission and the Securities and Exchange Commission maintain absolute jurisdiction over any platform offering financial services to Americans. When a platform offers perpetual swaps or leveraged trading, the law requires that entity to register as a designated contract market or a swap execution facility. The government simply will not grant these registrations to any entity lacking a robust identity verification framework. Regulators need these checks to block illicit funds and enforce tax laws. Some developers mistakenly believe that writing open-source code and deploying it to a blockchain grants them magical legal immunity. The government completely rejects this ownerless software myth. If American citizens can access a platform and trade derivatives without identity checks, regulators view the developers, the foundation, or the website hosts as legally liable.

We do not have to guess how regulators will react because they have already established clear precedents. The Commodity Futures Trading Commission and the Securities and Exchange Commission targeted the creators, foundations, and front-end websites of protocols like Uniswap Labs, Opyn, and ZeroEx. They established a firm rule that hosting a website interface allowing Americans to trade unregistered derivatives constitutes operating an unregistered exchange. The most …

Full story available on Benzinga.com

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