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

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

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 famous example involves the Ooki DAO. The developers thought they could escape liability by handing control of the exchange over to a decentralized autonomous organization governed by token holders. The United States court completely dismantled this illusion. The judge ruled that a decentralized autonomous organization functions simply as an unincorporated association. This ruling meant the government could hold every single person who voted on governance proposals personally liable for the legal violations of the exchange. This landmark case sent a massive shockwave through the industry and proved that code does not automatically overwrite federal law.

Beyond the securities and commodities regulators, the Internal Revenue Service completely shatters the illusion of financial privacy on decentralized platforms. Many users mistakenly believe that trading on a zero-KYC platform makes their profits invisible to tax authorities. The blockchain operates as a permanent public ledger, and the government uses advanced analytics firms to index public wallets. If you transfer funds from a compliant exchange to a private software wallet to trade on a decentralized platform, the government can permanently link your real-world identity to that entire on-chain history. Furthermore, the tax code treats all cryptocurrency as property. Every single token-to-token swap on a decentralized exchange constitutes a taxable disposal. You must calculate the fair market value at the exact moment of the trade and report the capital gain or loss. The government dramatically stepped up enforcement by issuing strict information document requests during audits. Taxpayers must explicitly self-disclose every single wallet address and protocol they interact with, stripping away any lingering anonymity under penalty of perjury.

This brings us back to how Hyperliquid actually operates. Running a zero-KYC derivatives platform while legally entering the United States market remains completely impossible. Hyperliquid chose to completely exclude the United States to survive. The platform implements strict geo-blocking on its front-end user interface to block all United States IP addresses. By actively blocking American users, Hyperliquid can remain a zero-KYC platform for the rest of the world. Current regulatory standards generally view strict geo-blocking as a sufficient effort to avoid United States regulatory oversight. Tech-savvy users sometimes use virtual private networks to bypass these blocks, but the platform’s official stance must remain strictly anti-American access. Star Xu accuses Zhao of hypocrisy because Binance backed Aster, a project using former Binance staff. However, Zhao confirmed Aster operates globally and does not target the United States market. The legal distinction remains entirely about geo-blocking and regulatory compliance, not just the underlying technology.

Ultimately, the public spat between Changpeng Zhao and Star Xu obscures a very simple legal truth. The United States government possesses the tools, the legal precedents, and the sheer will to enforce financial regulations on decentralized platforms. Changpeng Zhao correctly identified that Hyperliquid occupies a unique niche precisely because it accepts the legal reality of geo-blocking. He also correctly noted that Binance cannot adopt that exact model without facing catastrophic legal consequences. Star Xu wants to frame this as a moral failing or a hypocritical business strategy. There could be some insights that Star knows. I believe the netizens would love to hear more too.

Well, to sum this up. The reality presents a much more mundane picture. Federal law simply does not permit a decentralized exchange to offer leveraged trading to American residents without strict identity verification. Anyone claiming otherwise ignores decades of financial regulation and recent landmark court rulings. The underlying technology operates in a decentralized manner, but federal law asserts firm centralized jurisdiction, and ignoring that fact guarantees a swift and unforgiving response from federal regulators who will not hesitate to shut down non-compliant operations.

 

Source:

https://www.benzinga.com/Opinion/26/06/53280103/hyperliquid-aster-and-the-hard-truth-about-decentralized-exchanges-in-the-us

Anndy Lian is an early blockchain adopter and experienced serial entrepreneur who is known for his work in the government sector. He is a best selling book author- “NFT: From Zero to Hero” and “Blockchain Revolution 2030”.

Currently, he is appointed as the Chief Digital Advisor at Mongolia Productivity Organization, championing national digitization. Prior to his current appointments, he was the Chairman of BigONE Exchange, a global top 30 ranked crypto spot exchange and was also the Advisory Board Member for Hyundai DAC, the blockchain arm of South Korea’s largest car manufacturer Hyundai Motor Group. Lian played a pivotal role as the Blockchain Advisor for Asian Productivity Organisation (APO), an intergovernmental organization committed to improving productivity in the Asia-Pacific region.

An avid supporter of incubating start-ups, Anndy has also been a private investor for the past eight years. With a growth investment mindset, Anndy strategically demonstrates this in the companies he chooses to be involved with. He believes that what he is doing through blockchain technology currently will revolutionise and redefine traditional businesses. He also believes that the blockchain industry has to be “redecentralised”.