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#tokens

Introduction

In a noteworthy development, the U.S. Securities and Exchange Commission (SEC) has revised its position regarding the classification of cryptocurrencies, heralding a moment of triumph for crypto supporters. In its amended complaint against Binance, the SEC stated that it does not regard crypto assets themselves as securities. This revelation, though mentioned in a footnote, quickly gained traction among industry leaders, including the Chief Legal Officers (CLOs) of Ripple and Coinbase.

Contents

1. Reactions from Coinbase and Ripple's CLOs

2. Frustration Over SEC’s Inconsistent Regulations

3. The Ripple Case Under Examination

1. Reactions from Coinbase and Ripple's CLOs

Paul Grewal, Coinbase’s Chief Legal Officer, highlighted this crucial update in a series of posts on X (formerly Twitter). He underscored the importance of the SEC’s admission by quoting directly from the amended complaint. Grewal remarked, “‘The SEC regrets any confusion it may have invited’ by falsely and repeatedly stating that tokens themselves are securities.”

He characterized the language in the footnote as “remarkable,” criticizing the agency for its reversal of a long-standing position on crypto regulation. Grewal also noted the potential ramifications this shift could have on ongoing litigation involving other crypto entities, particularly Ripple. He tagged Ripple's CLO, Stuart Alderoty, in his post, suggesting that Alderoty might be surprised by the SEC's latest statement.

2. Frustration Over SEC’s Inconsistent Regulations

Stuart Alderoty responded with a mix of vindication and frustration. Quoting Grewal’s post, he expressed his views on the SEC's contradictory approach to cryptocurrency regulation. Alderoty stated, “So the SEC finally admits that 1/ ‘crypto asset security’ is a made-up term and 2/ to prove a ‘crypto asset security’ is an investment contract, the SEC needs evidence of a bundle of ‘contracts, expectations, and understandings’?”

He went on to criticize the SEC’s ever-evolving stance, labeling the agency as “a twisted pretzel of contradictions.” Alderoty humorously proposed a redesign of the SEC's logo to reflect their complex legal entanglements.

3. The Ripple Case Under Examination

The SEC’s acknowledgment is a relief for many within the cryptocurrency sector, especially following years of what has been termed “regulation by enforcement.” Grewal emphasized this concern, stating, “That SEC absolutely ‘maintained’ that tokens themselves are securities is clear from the long record of their regulation by enforcement campaign. Why mislead...”

Conclusion and Final Thoughts

The SEC's recent admission that crypto tokens are not classified as securities represents a significant pivot in its regulatory stance, eliciting strong reactions from key figures in the industry. As the crypto community digests this announcement, the implications for ongoing litigation and future regulatory frameworks remain to be seen. The contrasting views from Coinbase and Ripple's legal leaders highlight the complexities and challenges faced by the cryptocurrency sector as it navigates an evolving regulatory landscape.