Fostering Innovation, Not Hindering It, Should Be the Government's Priority

The sudden cessation of the Golden State Killer's crimes in the 1980s remained a mystery for over three decades, until the advent of Investigative Genetic Genealogy (IGG) helped crack the case. This innovative technology, combining forensic DNA analysis and genealogical research, has since been used worldwide to solve over a thousand cold cases. However, overregulation or a ban on such technologies would deny justice to numerous victims and their families. It is crucial to promote innovation rather than punish it. Ambiguous rules and enforcement in areas like cryptocurrency create confusion, stifling growth and driving industries underground or offshore, where 'bad actors' can exploit the law and harm the vulnerable. As a seasoned prosecutor, I have seen the importance of clarity in the law. The distinction between genuine crime and an industry caught in the crosshairs of a misapplied law is vital. Federal prosecutors have been misusing a statute to target software developers who have never committed a crime, which is not justice but overreach. This 'regulation-by-prosecution' approach chills innovation, pushing developers offshore and eroding American technological leadership. The U.S. share of open-source developers has fallen significantly due to a lack of clear rules. Fortunately, the Department of Justice has issued a memorandum to end 'regulation-by-prosecution,' but more needs to be done. The Promoting Innovation in Blockchain Development Act, currently before Congress, deserves support as it restores the original intent of the law: protecting the public from unlicensed financial intermediaries. I am not naive about the existence of bad actors, but the answer is not to abandon the distinction between the tool and the criminal. We must support robust enforcement against genuine criminals while preserving the rule of law that protects innovators from overreach. As a child refugee from Vietnam, I believe in the importance of respecting the rule of law and rewarding hard work. It is our basic obligation to get this distinction right and let American innovation thrive.