Kristin Smith, Blockchain Association executive director, breaks down 2019's biggest crypto stories on Capitol Hill



Episode 35 of The Scoop was recorded with Frank Chaparro, Ryan Todd, Steven Zheng and Kristin Smith, Executive Director of the Blockchain Association.
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Kristin Smith is executive director of the Blockchain Association. In this episode, Kristin sits down for her second time with Frank, Ryan, and Steven to discuss:
- Where we stand after the Libra hearings and predictions on how this story will play out in 2020
- The important differences between Republicans and Democrats in the manner they introduce crypto related legislation
- The Blockchain Association's efforts in making the U.S. more appealing for blockchain businesses to operate
- The implications of Brad Sherman being appointed as new chair of the subcommittee of the Financial Services Committee
The transcript is provided for your convenience, please excuse any errors or typos resulting from the transcription process:
Frank Chaparro Ladies and gentlemen, thank you so much for tuning in to what is a very special episode of The Scoop. We have Kristin Smith and this is the second time. Yes, the second time she's joining us. No, this is quite the accomplishment. We have a prize for her, as a result.
Kristin Smith I love prizes.
Frank Chaparro We have a case of White Claw waiting in the fridge for you from our event from Wednesday leftover. And that's the best we can do. We're a startup. We're a venture-backed startup, so that is literally the best we can do. We're gonna be diving into so many interesting things. You're plugged into Washington. Whenever, you know, we're picking up on something, we reach out to you to get your opinion because you represent so many companies at the Blockchain Association where you are pushing for thoughtful, innovative crypto regulations and policies. And those are some of the things we'll be talking about. Moving into 2020, what we can expect, what we might not expect. 2019 defined, obviously, by Libra, by Facebook and now most recently, Kelly Loeffler being appointed to the Senate. Some of these things, I imagine, are going to spill over into 2020. What are you most excited about?
Kristin Smith I'm excited that Washington in general, but specifically Congress, is getting much better on this stuff. There is a deeper understanding of the technology. There's a belief that it's inevitable and that it's important and that the U.S. wants to be competitive. And that's not universal throughout every single individual lawmaker, but the conversations have gotten way more sophisticated than they were a year ago at that time. So I think that we'll see some thoughtful efforts coming out of the Senate. We'll see some targeted legislation at Libra in the House. But, yeah, we're able to have a deeper conversation. And I don't think we'll get any broad legislation necessarily passed this year, but the debate's happening and that's an important phase of the process to be entering into.
Frank Chaparro When you joined us last time, you talked about the dichotomy of crypto regulations changing either through law, through the courts, rather through courts or through regulation brought down by Congress and lawmakers. Do you see the space moving towards that direction of Congress, moving forward and pushing for standards and regulations versus things being determined by courts?
Kristin Smith I think we'll see some efforts in Congress. I don't think we'll see anything actually enacted into law. It is a presidential year coming up, and so policymaking in D.C.--even at the agency level, not that there's anything live going on at the agency level right now--but it almost entirely shuts down, especially as we get sort of past the first quarter, second quarter of the year. All people care about on Capitol Hill is getting reelected. We've got a presidential race going on that's in the backdrop. So, you know, sort of federal agencies now most the agencies we deal with are, you know, sort of independent agencies, so they'll continue to do their enforcement actions, but nobody is going to take on any major political type of an effort in a presidential year. So what does that mean for us? It doesn't mean we, you know, go home and not engage with lawmakers. There is gonna be a lot of activity and there's still much more education that needs to be done, and so we can use this time to lay the groundwork. Whether there is a change in power in Congress or a new administration or not, we'll have new leaders in place in the start of 2021, so we really need to use this time to be ready for some action.
Ryan Todd Is there a dead period next year where there's just not going to be much progress on that front? Like, people just focused on the election?
Frank Chaparro I forgot to introduce Ryan, Ryan Todd, our great researcher, standing beside me.
Kristin Smith Yeah, D.C. shuts down around June, typically. You know, things happen. If there's a crisis--you know, a major financial crisis or a terrorist attack or something like that, you know--the town will kick up again and start running and moving policy.
Frank Chaparro Well it seemed like things were in full swing right after Libra. Where are we at in terms of the sentiment in Washington when it comes to cryptocurrencies? Seems like a lot of those bills that were proposed not passed are dead in the water and not really going to go anywhere.
Kristin Smith Oh, no, that's quite, quite the contrary.
Frank Chaparro So let's focus in on the anti-big tech in finance bill. I don't think that's the name of it, but it's something to that effect.
Kristin Smith So there's a couple of bills that were circulated. So the timeline is as follows. We had the Libra hearings in the House and the Senate back in July, and then in October, Mark Zuckerberg came and testified before the House of Representatives. And when he came back for that hearing, there was a series of bills that were proposed at that time. One is to keep big tech out of finance acts that if you have more than twenty-five billion dollars of revenue in tech, you can't also be in finance. There was another one called the Managed Stable Coins are Securities Act. And that one is--that's a live exercise right now. That is--actually up until this morning, right, we're recording this on a Friday, I don't know when this will go live, but up until this morning, we were on track for that bill to be voted on at the committee level on Tuesday next week on the 10th and 11th.
Frank Chaparro Now, what would that bill propose?
Kristin Smith So this bill is, it's really an effort to go after Libra. What it does is It defines something called a managed stable coin, and it declares that that managed stable coin is a security and that if you want to trade them--
Frank Chaparro And that's a direct attack on Facebook in terms of it's structure, there's no other--
Kristin Smith Yes.
Ryan Todd But it also spills over to other stable coin projects too, right? So it's like how would that impact Coinbase?
Frank Chaparro Well, it's not necessarily managed like the way that Libra is, because it's a basket of these currencies and securities versus just a peg.
Kristin Smith Yes. And so what's interesting here--and this happens a lot with early-stage legislative proposals, right? So you have to remember that these proposals are drafted by sometimes by committee staff, but sometimes just personal office staff, sometimes they're lawyers, sometimes are not. There is a legislative council that helps with this process, but it's very often in the early stage--and in some ways, this is the beauty of the legislative process--you throw ideas out there and then you work to improve them. And so Representative Sylvia Garcia is on the Financial Services Committee and wanted to take a stab at doing this. And so put out this idea that, hey, this looks to me like an ETF. I think it's probably, you know, she's thinking it's probably already a security, but wants to drive that point home, and so crafted this in an effort to go after Libra. The problem is the way it was crafted at this early stage is that it captured probably everything. But the good news is the intent of this was not "All cryptocurrencies are Securities Act" or "All stable coins are Securities Act," it was the Managed Stable Coins are Securities Act. So if you think about it, that's actually--the intent is to be fairly narrow on what is a managed stable coin.
Frank Chaparro But that's not exactly what it looked like when it was introduced.
Ryan Todd And the definition they provide, it's just pretty vague.
Kristin Smith Yeah, it's just broad and probably captures in other things. So, you know, what do we do as the Blockchain Association and other stakeholders involved? You go and talk to the offices, we talked to Sylvia Garcia's office. We talked with Goodan's office, who's the Republican co-sponsor. We talked to the committee staff for Chair Waters and McHenry and, you know, express our concerns that this might be overly broad. And in most cases, they agreed with us that they didn't mean to go that broad. There's sort of an M.O. that especially Democratic offices on the House Financial Services Committee do is they want to get the conversation going, so they just throw something out there and then they improve it as they go. And so we had--you know, we were optimistic that they weren't trying to go after, you know, dollar-backed stable coins like USDC or TrueUSD or Paxos or Gemini Dollar. And they agreed with us. And so we were hopeful that if it had moved forward, that there would be some clarifying language that those types of things weren't included. Now they're also looking at some of the algorithmic stable coins and trying to figure out does that count as a managed stable coin or not. That's kind of an ongoing discussion with these offices, but as of last night, we thought that that was something that was going to be voted on next week, and we were prepared and ready to work through the weekend to try to change the language.
Frank Chaparro Why did they make it so vague? Why don't they just come and say, "Based off of our review, this would be a managed stable coin. This would be as well," Versus put out this vague definition?
Kristin Smith So Congress is not allowed to write legislation that specifically calls out a company's name. I don't know where that is in the rules, but there's this idea that you can't pass a bill that says Facebook can't do this. What you have to do is pass a bill that says companies of a certain size or type can't do this certain type of thing. And so, you know, it doesn't do any good to just call out from a legislative perspective. You know, they're trying to set the policy, so you can't just call it a single company because then, you know, some other company could go to do the same thing. So they're trying to find the principles around which, you know, tokens should be securities and not. And if you think about it, that's actually what the industry's been asking for for a while. This is just because Libra is here, the focus is more around Libra as opposed to broader cryptocurrency, which isn't a terrible place to be, but, as written, the bill as introduced was not acceptable. But we're very optimistic, or cautiously optimistic I could say, that we can improve it and definitely narrow it so it doesn't inadvertently wipe out a large part of the industry.
Ryan Todd Were you surprised at the response? I remember talking to a couple of the analysts that work in the sell-side. But as Washington in coverage and all of them were surprised at how quick these hearings were getting pushed through to discuss Libra and everything else.
Kristin Smith Yeah, I think I was surprised by how strong it was. I knew that Facebook wasn't particularly popular amongst a certain set of lawmakers. But you know, even I on the ground there didn't think the reaction would be as strong as it was. And, you know, I think Facebook can fight through it if they have the appetite to do so. You know, they've got a lot of resources. They have a lot of lawyers. They have a lot of lobbyists. They have a very talented professional team behind them. So if they want to keep pushing through, they can do that. But yeah, they're just not popular.
Frank Chaparro I mean, when I was down there for the David Marcus hearings, the Senate one and then the congressional one, at first, I couldn't put my finger on whether or not the animosity was strictly bipartisan, meaning everyone just does not like Facebook as a company, or if maybe Republicans were a little more open to the innovation. I got that sense from the congressional hearing a little bit more. Looking back, you know, months out from when all this went down, is there a partisan divide on this issue or not necessarily?
Kristin Smith I think there's a growing partisan divide. I think in the beginning, everybody kind of hated Facebook, and it was popular. I think we're starting to see--you know, when things like the Keep Big Tech out of Finance Act comes in, you know, that that impacts a lot of large companies that are out there that might, you know--there seems to be a natural merging of tech and finance. You see several banks that are partnering with big tech companies on different projects, and I think the Republicans don't like to see those sorts of things.
Frank Chaparro It also doesn't make a lot of sense because what are large financial companies? At the end of the day, they are technology companies.
Ryan Todd It's all just coming together. I'm looking at it now. It's a daily one million dollar fine if you're in financial services and a tech company with 25 billion in revenue.
Frank Chaparro What defines a tech company? PayPal is just as much a tech company as Amazon.
Kristin Smith What you'll see with Republicans is Republicans don't like to deal with these overly broad definitions. It's a different legislating style, so even though you may have a few Republicans that are kind of sympathetic to that idea, a lot of it is they want to oppose things because it's being done by the other party and done in a way that's overly broad, and they're acting as sort of the backstop that is going to try to negotiate to narrow that down. So it's an important sort of role. But that being said, amongst Republicans, Facebook isn't particularly popular. But I do think what's happened is in the very beginning, the knee jerk reaction was to not like Libra because people don't like Facebook, but as it sort of moved on, I think there have been concerns that have sort of developed about, well, how is the U.S. dollar going to continue to remain strong if there are other currencies out there that are easier to use than the dollar? And it's, there's sort of a fork of this conversation that's starting around what is the role of the Fed? Should we have a Fed-backed digital U.S. dollar? And that's kind of a side conversation that's starting to happen as a result of Libra coming into this space.
Frank Chaparro I think the concerns are easing. I think they're warming up a little bit, right? Didn't Treasury secretary Mnuchin can say it could happen so long as they're conforming to the proper AML procedures?
Kristin Smith Yeah, and I did not watch word for word yesterday what he said, but the readout that I saw is Mnuchin was talking about the fact that the Fed didn't need to create its own in the next, you know, for at least five years, that this was something they wanted to look at and watch. And I do think what's interesting is you don't need the Fed to have the benefits of a digital U.S. dollar. We have that today, right? There are dollar back stable coins that are out there that you can have instant access to, that you can program, that you can move quickly at any hour of the day. So that's a--you know, you don't need the Fed to do that necessarily. There's a private marketplace that come in and do that.
Ryan Todd I've always been of that belief. Like, the Fed doesn't--exactly to your point, doesn't need--they should just outsource that to the private market.
Kristin Smith It already exists, yeah.
Frank Chaparro Let's all give our predictions. I think three things are important to think about when it comes to Facebook. I think they're going to relocate the association to the U.S., I think that they're going to move to a single currency that will back the coin, and I think that it will go through and it'll be successful because they'll be able to leverage the merchants that they have on their platform. There are tens of thousands of merchants that are on Facebook. If they offer, you know, some sort of incentive for them to accept and use Libra, I think that could be a tailwind.
Ryan Todd Those are some bold predictions.
Frank Chaparro What do you think?
Ryan Todd I don't know. I mean, what's the sense you get with the whole Geneva organization?
Kristin Smith Well, that was a problem for U.S. lawmakers at the hearings. That was a really strong theme that came out because these were a lot of big U.S. companies behind it. And so I think it would be a good political move on their part to say, hey, we're going to bring that back here. But, you know, it seems to be fairly established over there now. And they, you know--it would be quite an undertaking to do that, but I think they could do it. But I don't know what that would do to the way their charter is set up and whether or not that's tied to that.
Frank Chaparro But a lot of this stuff isn't set in stone, right? I mean, many of the companies haven't even made the 10 million dollar payment yet, right?
Kristin Smith That's my understanding. I think if they wanted to make a move to please U.S. policy policymakers, bringing it back home, I think would go a long way. But I think a dollar-backed or, you know, a single currency-backed token is a lot easier to do. There's this much less questions about its status in securities law, and that would I think be easier. But then also, you know, I think the reason they did that to begin with is they wanted to reach an international audience and that--
Frank Chaparro But how can they if they're going to be blocked off from India and China?
Ryan Todd Well, there's other countries, besides India and China. It's a large use-case market I agree--
Frank Chaparro I mean, if we're talking about banking the unbanked, that seems like two of the places you would start, especially in China.
Ryan Todd You could go after Jack Dorsey in Africa.
Frank Chaparro That's true. He's moving there, isn't he?
Ryan Todd I want to go back to you mentioned comments about just concerns over the dollar and what this could mean for that in the long term. One of the questions--I did some, like, analysis around the Senate and congressional hearings, mapping out like almost every question that was asked. I thought was interesting. The one thing, it was pretty down the middle, like the themes. Both sides of the aisle were asking pretty similar questions, but the two that jumped out on the Republican side were concerns over China and the rumors of them, which have now been confirmed, of being close to rolling out a digital currency of their own. And also concerns over pro-innovation and just stifling that, I guess. But I'm wondering if you hear that theme around China, especially now that the DCEP is looking more realistic as a 2020 launch?
Kristin Smith Yeah, we're hearing more and more about China from Congress. I mean, China's the boogie man in Congress. It's a talking point that when they go home and they're talking to their constituents, you know--both because I think the size of China, but also just sort of the cultural value differences--that there is a lot of concern, and it makes for an easy talking point. So we're seeing that quite a bit more on the Hill. And, you know, quite frankly, from our perspective, it's a useful argument to say, "Hey, that's why we need to have good policies here, so the crypto-economy can develop here in the United States," whether that be, you know, just in terms of how do we improve our money, but also to all the other things that we think crypto can do.
Frank Chaparro Is that resonating with lawmakers, going to them and saying, "Hey, if you're really concerned about China and concerned about them leapfrogging over us, you should pay a little bit more attention to cryptocurrency and blockchain?"
Kristin Smith I think so. I think so. You know, we had a couple of congressmen, French Hill and Bill Foster, who sent a letter to the Fed, asking--
Ryan Todd It was a good letter, the responses were great.
Kristin Smith Yeah, I think it's prompting dialog and that's a big part of it. And yeah, we see it in meetings with staff and lawmaker comments. The China narrative is a very strong one.
Frank Chaparro That's interesting. So what do some of those conversations look like? What are the questions that they're asking you as it pertains to China and blockchain?
Kristin Smith Well, they're very simple. They just want the U.S. to continue to be the leader and, you know, trying to figure out how to do it in a way that embraces the technology, but doesn't have the technology undermine the U.S. dollar. And so it's I think it's a healthy conversation. It's a good conversation to be having, and it's one that, you know, is reaching the highest levels of treasury, it's reaching the key committees in Congress. But I think as we were saying before, I think the answer there is we don't need the Fed to do anything, like we can, you know, upgrade the technology with which we trade money, just like going from checkbooks to credit cards to wallet apps. You know that this is a technology layer that we can wrap around the dollar. So, you know, I think that's obviously a very small subset of crypto, but I think what has emerged from Libra is that people are trying to figure out this piece of the puzzle that we weren't talking about this a year ago at all. Nobody was talking about stable coins. Nobody was talking about how to move the dollar around in a more efficient way. So I think that's a step, a step forward.
Frank Chaparro To what degree did Facebook drive that conversation? I don't know if we can quantify that in any sophisticated way, but it has--are you more busy? Like is the association as a result taking more meetings? How do you handle that influx of inquiries?
Kristin Smith Yeah. Well, a lot of it is we're the ones that are reaching out and it's a lot easier to get our meetings when we request them. And also just you know, due to the fact that we've been around for a while and we're sort of a known entity in the halls of Congress, people want to sit down and people want to talk to us and they want to learn more. I think, you know, the association's grown. We've got more staff now, more lobbyists now. We more members now. So we're able to manage that as best we can. But we do get people, you know, I get random inquiries from congressional staffers on the Web site or people from Treasury on a regular basis. So we do have people--
Frank Chaparro What do those look like? What are they asking?
Kristin Smith Oh, they want to meet. They have a question about something. They want to, you know, understand the technology better. So, yeah, we're able to respond to all of that.
Frank Chaparro I think I want to draw in Steven Zheng, our other researcher.
Ryan Todd I was just gonna pitch that, honestly. We should be pushing Steven on the Congress.
Frank Chaparro He's coming. Steven Zheng goes to Washington. Hop on an Amtrak down there.
Kristin Smith We can have a staff briefing on the Hill.
Frank Chaparro So for the folks listening at home--or by train, plane, automobile, wherever you are in the world--The Blockchain Association approached The Block a few months ago about a research project that we've undertaken to examine the concerns many different companies have about the regulatory environment and a few other things. I'm not entirely sure about the full scope of the project because it's above my pay grade, but we have Steven here, he's been working tirelessly, taking calls at all hours of night, talking to CEOs from China and other places for this project. But I guess first, before we get Steven's take on what he's hearing, what was the thinking behind doing this? I actually have no insight, so this will be the first time I've heard about it.
Kristin Smith So, with regulators as well as lawmakers on Capitol Hill, we often tell the story about how, you know, the regulatory environment in the U.S. is problematic for the U.S. being competitive and that companies consider moving overseas--or perhaps they have moved overseas--and that, you know, the U.S. is losing out on opportunities because of our poor regulatory environment. But we didn't have any--these are all anecdotes. And what we've been trying to do is find some way to present this, what we believe to be true, that there's a problem, right? And specifically, we've had a couple of our champions in Congress who have asked us to try to quantify in any way and also really just sort of formalise that case. And so, you know, that's why we thought we'd reach out to you guys and see if we could capture the sentiment of the industry.
Frank Chaparro Yeah, and it doesn't only capture the sentiment of the industry, but also the scope and breadth of a lot of the companies. For the first time, we'll know exactly what the workforce of the crypto world--
Kristin Smith Yes, where they're at, and, you know, it's our hope, you know, a year from now we'll be able to know if that's gotten bigger or it's gotten smaller. People want to know where the jobs are. They want to know how many they are, what they are. There's a real interest and desire to better understand sort of the industry and the workforce, and lawmakers in particular who are, you know, going home and talking with their constituents, they want to work on things that help drive jobs and help drive the economy so any information--
Frank Chaparro Yeah, and I was shocked by some of the headcounts of these firms. But anyway, Steven, tell us if the thesis that Blockchain Association has had in their conversations with lawmakers is lining up with what you found from conversations and calls.
Steven Zheng Yeah so conversation-wise, a lot of firms agree with that thesis. Actually, interestingly, a lot of firms said that most of them didn't initially launch in the U.S. because they were such a small startup and they didn't have the resources to go through the normal compliance process that the U.S. expects of firms in this industry, so they end up having to delay their efforts to expand in the U.S. because they had to grow big enough to have enough resources that they can expand into the U.S..
Frank Chaparro So that's like a lot of the Asian exchanges, like a BitFlyer or a Binance just moved in.
Steven Zheng Yeah. We've heard of a few exchanges that said the U.S. was part of their initial plan, but they couldn't afford to spend resources just to be compliant with the U.S.'s harsh standards. And so they had to wait until they had enough resources. And also in our research, so from the data we've gotten, of the top 50 employers in this industry, 60, like two-thirds of them are based outside of the U.S.. So, yeah. So the U.S. only has like a third of the largest employers in the industry. That includes Bitmain, Huobi, I mean, Coinbase is based in the U.S., but a majority of firms that are hiring employees are based outside the US.
Kristin Smith That's an interesting--I didn't realize that number was that high, that's awesome. I mean, not awesome. That's actually terrible. But it's awesome from needing numbers to go and make arguments to get Congress to clean up this environment.
Frank Chaparro Its so crazy. If you Juxtapose that with--I mean, I have no idea what percentage of tech jobs or fintech jobs are here in the U.S., but I would imagine it might even be flipped, right? I mean, you would know better than I, Ryan.
Ryan Todd I would guess that, but I don't know, China's pretty big.
Steven Zheng Job count-wise, it's very hard to get this data, so we try to target like the firms that we know that are easier to get their data from. So we reached out to the largest firms in the space and they are more available to answer our questions. We've also dived into job listings sites specifically for crypto. So we've gotten data from over like 2000 job listings from 2018 to 2019. On that end, it's very interesting. There is actually an increase in job listings in the U.S. from 2018 to 2019. We don't have enough data stretching back to 2016, so we can't really see that growth, but from 2018 to 2019, we've seen a slight increase in job growth or at least job listings in the U.S. versus like remote and global.
Frank Chaparro Was there anything that was surprising?
Steven Zheng So stuff from the interviews. There appear to be like a few common themes. A lot of firms that have spoken to us said that they want regulators to engage with them. They're like they feel left out. They feel like regulators are looking at this--
Kristin Smith They can join the blockchain association.
Steven Zheng Yeah, they feel like the regulators and U.S. Congress members are just looking at this from like, I guess like an ivory tower of like, they're not really engaging with firms in this industry. One actually pitched a crypto czar similar to how apparently Bill Clinton had an Internet czar during his presidency. Someone was like they should appoint a crypto czar so the crypto czar can talk to us and speak with us and find out what issues we have. So these firms want engagement with Congress members and regulators in the U.S., they feel like they are not getting that one to one engagement.
Ryan Todd Good stuff, Steven has been working hard on this
Kristin Smith Yeah, I'm excited. I mean, the challenge that we have is we have a lot of good stories, but it's hard, I think, for individual companies sometimes to come out and tell that story, so if we can get some things in the aggregate that we can--data in the aggregate that we can use to convey the importance and give, you know, these strong data points to lawmakers. I think that'll really, you know, give them some fuel for their arguments, you know, to do things that support policies that'll help the technology and help the industry. So, yeah, we're excited to see the results of it.
Frank Chaparro Well, thank you, Steven. Get back to work. You've got more calls. Truly burning the midnight oil. He hasn't been home in weeks. We have a cot set out for him with the space heater next to it. Well, let's talk about some of the potential headwinds going into 2020. There was news out, I think it was this morning about Senator or Congressman Sherman.
Kristin Smith Yeah, on Wednesday, the House Financial Services Committee Democrats convene to elect the new chair of the of the subcommittee of the Financial Services Committee that has jurisdiction over securities laws and the S.E.C.. And I was told it was a 17 to 3 vote that Brad Sherman, the congressman from California, is going to replace Carolyn Maloney on this committee. Carolyn Maloney, right here, Congresswoman from, represents, I think, exactly where we're at here in New York City, a big, you know, sort of crypto community. She now is the chair of the Full Oversight Committee after Elijah Cummings passed away a couple of weeks ago, so there's been a vacancy there, and Brad Sherman is a very senior member of the committee and seniority matters in the House. It doesn't always matter, but especially with the Democrats in the House, they tend to honor the seniority system.
Frank Chaparro We had Congresswoman Maloney, who, to your point, was a little bit more plugged in with the cryptocurrency world, just given her district. And now we have Brad Sherman, who likened Facebook to Libra to 9/11.
Frank Chaparro Yes. He is the sworn enemy of the cryptocurrency industry.
Ryan Todd He's coming after you Steven, you better be ready.
Frank Chaparro I think we should try to play a clip o