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You hit the nail on the head here. A judge or jury is unlikely to side with the SEC because the kraken will undoubtedly mention the dozens of letters they sent

You hit the nail on the head here. A judge or jury is unlikely to side with the SEC because the kraken will undoubtedly mention the dozens of letters they sent to the SEC basically saying they want to be in full legal compliance and will remove any securities from their exchange. The SEC will argue they just enforce the law and aren't required to tell them how to comply. Buuut they are professionally obligated to tell them, especially when the law is so ambiguous. It's obvious the SEC is being a bully, so the judiciary and public will hopefully side with Kraken.

dragonwriter 3y ago
> The SEC will argue they just enforce the law and aren't required to tell them how to comply. This is correct. > Buuut they are professionally obligated to tell them, No, they aren't. > especially when the law is so ambiguous. If the law is actually vague that's not an argument SEC has to tell them how to comply, its an argument that the law is unenforceable. If its not actually vague, then the government isn't obligated to tell them how to comply other than with the law (including statute and regulation.)