Coinbase inundated with legal backing- Your move SEC

TL;DR Breakdown

  • Coinbase gets strong legal backing against the SEC’s claims.
  • SEC’s definition of “investment contract” is seen as too broad.
  • Top legal experts and institutions question SEC’s interpretation.

Description

The tides are turning against the SEC as Coinbase, the renowned crypto exchange, faces legal scrutiny. With the crypto giant backed by a deluge of amicus briefs, the message is clear. It’s a formidable challenge to question the boundaries of an ‘investment contract’ when dealing with digital assets. Now, everyone’s waiting for the SEC’s next … Read more

The tides are turning against the SEC as Coinbase, the renowned crypto exchange, faces legal scrutiny. With the crypto giant backed by a deluge of amicus briefs, the message is clear.

It’s a formidable challenge to question the boundaries of an ‘investment contract’ when dealing with digital assets. Now, everyone’s waiting for the SEC’s next play.

Why Legal Experts Are Calling the SEC Out

Coinbase, a flagship in the crypto trading world, came under fire when the SEC claimed it failed to register with them. The crux? The SEC believes certain digital assets, being sold on Coinbase, dance too close to the definition of securities under the Howey test.

But there’s a hitch. This “investment contract” definition isn’t cut-and-dry, especially when we delve into the murky waters of crypto. The SEC’s current interpretation could cast too wide a net, pulling in commodities, collectibles, and even traditional assets. It’s this overarching breadth that’s set the alarms ringing.

Legal stalwarts from distinguished institutions such as Yale, UCLA, and Chicago have chimed in. They’ve pointedly highlighted that, historically, for an entity to be termed an ‘investment contract’, there’s a need for a clear expectation of profit or a tangible stake in business outcomes.

The Supreme Court, too, has been down this road, determining securities based on whether there’s a promise of continuous interest in future earnings.

Lummis, Venture Firms, and Blockchain Advocates: The Big Voices Weighing In for Coinbase

Senator Cynthia Lummis didn’t hold back. Advocating for Coinbase, she’s openly critiqued the SEC’s reach, stating it tramples over the Constitution’s separation of powers. Lummis isn’t just blowing smoke.

She’s been a prominent voice in crypto policy and is pushing for the Responsible Financial Innovation Act. Her stand? It’s high time for comprehensive crypto-centric laws that don’t bow to outdated legislative frameworks.

Venture capital behemoths, Andreessen Horowitz and Paradigm, with their hands deep in tech and crypto pies, have voiced their reservations too.

Their message to the SEC is that redefining “investment contract” might backfire, piling on legal complications and drowning startups in compliance nightmares. True innovation, they argue, requires consistency.

Meanwhile, the Crypto Council for Innovation, collaborating with heavyweights like the Blockchain Association, is singing a similar tune. Their concern pivots around the regulator’s potential to stifle budding entrepreneurial dreams, especially within the tech ecosystem.

Drawing attention to the ‘major questions doctrine’, they’ve underscored the need for Congress, not administrative bodies, to shape pivotal policies.

Essentially, defining investment contracts should be a strategic decision, with a vision for market stability and innovation in emergent tech arenas.

Coinbase, standing tall in this legal storm, isn’t alone. With legal scholars, venture capitalists, and blockchain supporters rallying behind, it’s evident that this is more than a simple regulatory squabble.

It’s a challenge, a call to redefine boundaries, ensuring they’re apt for the dynamic world of digital assets. The SEC’s next move? We’re all watching. But one thing’s for sure: any decision will resonate through the annals of crypto regulation history.

Disclaimer: The information provided is not trading advice. Cryptopolitan.com holds no liability for any investments made based on the information provided on this page. We strongly recommend independent research and/or consultation with a qualified professional before making any investment decision.

文章来源于互联网:Coinbase inundated with legal backing- Your move SEC

Disclaimers:

1. You are solely responsible for your investment decisions and this info is not liable for any losses you may incur.

2. The copyright of this article belongs to the writer, it represents the writer's opinions only, not represents the site's ones. Not financial advice.

Previous 2023年8月14日 18:15
Next 2023年8月14日 21:03

Related articles

  • OneMintNFT users urged to stay cautious amid Discord compromise

    TL;DR Breakdown OneMintNFT Discord server has been compromised, according to a security alert issued by CertiK Alert. The alert strongly advises users to exercise caution and avoid any further engagement with the platform until official confirmation. The OneMintNFT team has not issued any official statement regarding the reported exploit. Description In a recent development, the OneMintNFT Discord server has been compromised, according to a security alert issued by CertiK Alert, a platform specializing in real-time alerts concerning crypto hacks, scams, and flashloans. The alert strongly advises users to exercise caution and avoid any further engagement with the platform until official confirmation from the OneMintNFT team … Read more In a recent development, the OneMintNFT Discord server has been compromised, according to a security alert issued by CertiK Alert, a platform specializing in real-time alerts concerning crypto hacks, scams, and flashloans. The alert strongly advises users to exercise caution and avoid any further engagement with the platform until official confirmation from the OneMintNFT team that they have successfully regained control of their Discord server. Security alert from CertiK Alert The security…

    Article 2023年9月17日
  • Tornado Cash DAO attacker transfers Ether and TORN tokens, raising concerns over the security of treasury funds

    TL;DR Breakdown Tornado Cash DAO faced a cyberattack, with the attacker moving stolen tokens, including 100 ether (ETH) and 38,000 TORN tokens. Despite the attack, Tornado Cash’s core functionality remains intact, and there’s a promising proposal to revert harmful changes. Concurrently, Tornado Cash is fighting sanctions imposed by the U.S. Treasury, which some users argue infringe on their First Amendment rights. Tornado Cash DAO, the privacy-focused cryptocurrency mixing service, was reportedly breached in a sophisticated cyberattack over the weekend. A series of transactions revealed that the culprit has begun moving the ill-gotten funds, stirring alarm among stakeholders and experts in the blockchain community. Blockchain data provided by Etherscan showed the movement of 100 ether (ETH) and 38,000 Tornado (TORN) tokens from addresses linked to the unidentified assailant on Wednesday night. The audacious attacker, who cleverly camouflaged a malicious code to grant themselves counterfeit votes, currently holds over 20 ether, equivalent to $35,684, in their digital wallet and still retains possible access to Tornado Cash’s treasury. This assault, which has put the DAO’s operations, financial resources, and future plans in jeopardy,…

    Article 2023年5月27日
  • Celsius rocks crypto: $800M Ether staking increases Ethereum validator queue to 44 days

    TL;DR Breakdown Celsius reveals plans to stake $800 million worth of ETH Celsius is redistributing its staked ETH after Ethereum’s Shanghai upgrade allowed withdrawals from staking contracts. Celsius is rearranging staked assets after declaring bankruptcy. The company had cash challenges due to falling crypto values and user withdrawals. Celsius, a renowned crypto lending platform, recently revealed that it plans to stake $800 million worth of Ethereum (ETH) tokens. This is a big deal in the crypto world and has gotten much attention. This significant investment shows how committed Celsius is to the Ethereum network and how vital the Ethereum staking environment is to Celsius. Celsius’ $800M ETH staking After the Shanghai update to Ethereum allowed withdrawals from staking contracts, Celsius is redistributing its staked ETH. Tom Wan of 21Shares claims that the strategy reshuffle has increased wait times to 44 days and that the introduction of Celsius might add another week to that. The line was lengthened further by Celsius’ latest stake deposits. According to the Ethereum monitoring website Wenmerge, the estimated time to clear the queue is now 44…

    Article 2023年6月7日
  • Binance Academy launches intermediate-level courses to boost Web3 education

    TL;DR Breakdown Binance Academy has launched new intermediate online courses following the success of its beginner track, offering comprehensive education on blockchain, cryptocurrencies, DApps, DeFi, NFTs, and crypto trading. The first course, ‘Blockchain Deep Dive’, is available in English, with more courses in multiple languages to be launched in the coming months. Learners receive Certificates of Achievement in PDF and NFT formats upon course completion. Description Binance Academy, the educational arm of the world’s leading cryptocurrency exchange Binance, has announced the launch of its new intermediate online courses. Also, the rollout follows the successful debut of the beginner track in late 2022, which saw about 170,000 learners.  The intermediate track includes six comprehensive courses on blockchain, cryptocurrencies, DApps, DeFi, NFTs, and crypto … Read more Binance Academy, the educational arm of the world’s leading cryptocurrency exchange Binance, has announced the launch of its new intermediate online courses. Also, the rollout follows the successful debut of the beginner track in late 2022, which saw about 170,000 learners.  The intermediate track includes six comprehensive courses on blockchain, cryptocurrencies, DApps, DeFi, NFTs, and crypto trading. …

    Article 2023年7月26日
  • Why is Bitcoin down today? BTC trades below $28K

    TL;DR Breakdown Bitcoin’s price drops to $27,900 amid this week’s  FOMC minutes and expected Fed rate hikes. BTC hits 2-month lows as traditional markets grapple with the SPX and technology sectors declining, 10-year interest rates rising and the dollar gaining strength, and China’s credit and economic data deteriorating. The approval of BTC ETFs casts a lot between crypto bears and bulls. Description Bitcoin closed below $29,000 for the first time in 56 days on August 16. As the likely cause, analysts immediately pointed to this week’s FOMC minutes, which expressed concerns about inflation and the need to raise interest rates. Despite the immediate causes of the decline, Friday’s expiration of Bitcoin options worth $580 million has favored … Read more Bitcoin closed below $29,000 for the first time in 56 days on August 16. As the likely cause, analysts immediately pointed to this week’s FOMC minutes, which expressed concerns about inflation and the need to raise interest rates. Despite the immediate causes of the decline, Friday’s expiration of Bitcoin options worth $580 million has favored bear traders. On August 18,…

    Article 2023年8月18日
TOP