For these reasons we continue to believe that other actions, besides litigation, should be taken if we are to reach an appropriate end.
Most notably, the SEC and CFTC should jointly develop basic investor and market protection standards for trading platforms as they exist today. The agencies could act directly or through a self-regulatory organization, shifting funding responsibility to the industry. Having Congress mandate this approach would be even better.
The standards could easily be based on existing rules and, while rule-making takes time, it will get us to a much improved state of affairs faster.
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