Picture this: a member of Congress, the primary author of digital asset legislation in the House, quietly buys bitcoin the day before their legislation passes the House and is signed into law. Once enacted, this bill creates a boom in the market and doubles that member’s holdings within days. It technically isn’t insider trading, because all these legislative actions are public information. But this is undeniably inappropriate conduct.
Insider trading is already illegal, and it specifically prohibits trading based on non-public information. But the scenario I described falls into a gray zone because bills, debates, votes, and amendments in Congress are all publicly available. Politicians have ended up in prison, including one for insider trading, but some politicians have managed to g