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> The last I recall is that the SEC considered all crypto to be a security. That's not true. "US regulators including the SEC agree that Bitcoin, which is by f
by everfree 3y ago
> The last I recall is that the SEC considered all crypto to be a security.
That's not true. "US regulators including the SEC agree that Bitcoin, which is by far the largest digital asset, isn't a security."
https://www.washingtonpost.com/business/2023/06/09/why-crypto-flinches-when-sec-calls-coins-securities-quicktake/84dd58ee-06d8-11ee-b74a-5bdd335d4fa2_story.html https://www.washingtonpost.com/business/2023/06/09/why-crypt...
The big unanswered question is whether they consider Ethereum to be one.
> Not once in Coinbase's lawsuit did they actually say "We'd love to comply, we just don't know how to".
They seem to say that pretty explicitly on Page 14 of their Wells submission.
https://assets.ctfassets.net/c5bd0wqjc7v0/2pW56ln6rPJ7koLHlu2L8G/5041e0166c408698b621fde543539d76/2023-04-19_Coinbase_Wells_Submission.pdf https://assets.ctfassets.net/c5bd0wqjc7v0/2pW56ln6rPJ7koLHlu...
> In fact what they did say was that they knew how to comply, "but the cost and effort makes it not profitable for us".
I don't see anywhere where they said that.
> So why didn't they say that in court?
They did say that in court.
"For years, Coinbase has voluntarily submitted to regulation by multiple overlapping regulatory bodies, has adhered to the public and limited formal guidance from the SEC, senior SEC Staff, and the courts about the application of securities law to its industry, and has begged the SEC for guidance about how it thinks the federal securities laws map onto the digital asset industry as the SEC’s actions reflected an escalating but undisclosed change in its own view of its authority."
https://storage.courtlistener.com/recap/gov.uscourts.nysd.599908/gov.uscourts.nysd.599908.22.0.pdf https://storage.courtlistener.com/recap/gov.uscourts.nysd.59...
- Animats 3y agoThe SEC does not consider Bitcoin to be a security because there is no issuer. Etherium is currently a maybe because of the change to proof of stake. Miners are competitors, but stakers all want the price to go up. So there's a common enterprise.