Due process certainty refers to the assurance that legal and administrative proceedings will adhere to established fair procedures. It means individuals and entities can expect predictable and consistent application of laws and regulations. This principle guards against arbitrary government action. It is fundamental for maintaining trust in legal systems.
Context
For the digital asset industry, due process certainty is a frequently cited concern in discussions about regulatory enforcement. Market participants seek clear guidelines and transparent processes from government agencies regarding investigations and penalties. The absence of such certainty can hinder investment and innovation within the cryptocurrency sector.
Imminent market structure legislation will pivot the US from enforcement-only regulation to a defined, statutory compliance framework, reducing systemic risk.
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