Lưu trữ cho từ khóa: SEC

Unexpected twist: SEC became defendant in the NFT classification lawsuit

Law professor and filmmaker Brian Frye and songwriter Jonathon Mann have filed a lawsuit against the U.S. Securities and Exchange Commission.

The lawyers argue that the SEC’s approach to regulation threatens the livelihoods of artists and creators experimenting with NFTs.

What the lawsuit says

According to the document, the plaintiffs want to determine whether NFT falls under the regulator’s jurisdiction. The lawyers asked the SEC to answer what actions could lead to applying securities laws to create and sell NFTs. The lawsuit also asks for information about registering NFTs before they can be sold.

“Two recent administrative actions launched by the SEC suggest that the SEC is getting into the art business, determining when art needs to be registered with the federal government before it can be sold.”

The document’s authors compared non-fungible tokens to Taylor Swift concert tickets, often resold on the secondary market. Mann and Frye are in exactly the same position in this lawsuit. The lawyers argue that it would be absurd for the SEC to classify such tickets or collectibles as securities:

“They are artists, and they want to create and sell their digital art, without the SEC investigating them or filing a lawsuit.”

The SEC’s first lawsuit against NFTs

In 2021, the media company Impact Theory released the Founder’s Keys NFT collection. The company promoted the project from October to December 2021. The collection included tokens of three different rarity levels.

As a result, in August 2023, the SEC accused Impact Theory of promoting securities without registration. The company used NFTs to attract investors, raising about $30 million. This was the regulator’s first case against NFTs.

The SEC believes the company positioned the project as an investment in business. In particular, it guaranteed holders high profits and promised extensive prospects.

Thus, the regulator considered that the specified NFTs had the features of an investment contract and, as a result, were classified as securities. By promoting the collection, the company violated federal laws in this industry.

Impact Theory agreed to pay a $6.1 million fine without admitting or denying guilt. In addition, they decided to destroy the tokens and their mentions from websites and social networks.

What is considered securities according to the SEC

The Commodity Futures Trading Commission considers cryptocurrency a commodity. The regulator proposes to apply the tax regime developed for goods to cryptocurrency and to regard the actions of issuers as producers of goods. However, no rules in the U.S. would oblige issuers to register tokens as goods.

When assessing the status of cryptocurrencies, the SEC appeals to the Howey test.

The regulator sees the new financial instrument as having security characteristics and believes cryptocurrency falls within its legislative field.

According to the SEC, all tokens, in one way or another, fall under several criteria designated by the agency: pre-sale or fundraising, promises to improve the project through ongoing business and marketing development, and the use of social networks to demonstrate the project’s capabilities and advantages.

However, no arbitration body could resolve the dispute between two American regulators, so each agency works by its vision of the situation.

Traders are losing interest in NFTs, unlike regulators

Despite the regulators’ interest in non-fungible tokens, the excitement around NFTs continues to decline. Thus, in July, the volume of sales in the NFT sector amounted to $395.5 million, according to CryptoSlam. This is a new minimum since November 2023.

The NFT sector has been in a downward trend for a long time. Sales volume and the number of unique buyers and sellers have been steadily falling since March 2024.

Source: CryptoSlam

In addition, sales volume fell by 45% in Q2 2024 compared to Q1 — $2.2 billion against $4.1 billion.

The decline in July began in the middle of the month. At the same time, in early July, there were signs of a recovery in sales volume after a significant drop in June. At the same time, July became the third-largest month in terms of transaction volume in 2023. 

During this period, 9.9 million transactions were recorded, compared to 5.7 million in June. However, this can hardly be a positive sign since the average sale price in July reached a new minimum since September 2023 — $39.56.

What threatens NFT: SEC or a decline in interest

According to the latest lawsuit against the SEC, the status of non-fungible tokens remains to be determined. However, the regulator is attracting less interest in this area due to the waning excitement around NFTs.

In any case, the SEC’s approach to regulation threatens NFTs, which were initially conceived as an element of creativity in the entire blockchain and cryptocurrency space.

Tổng hợp và chỉnh sửa: ThS Phạm Mạnh Cường
Theo Crypto News

The world’s crypto capital and BTC reserves: Bitcoin 2024 main highlights 

American politicians who support the crypto industry spoke out at the Bitcoin 2024 conference held in Nashville from July 25 to 27.

The crypto.news editorial team attended the event and collected the main topics voiced at the conference.

U.S. to become the world’s crypto capital

Presidential candidate Donald Trump mainly touched on topics related to the election campaign but also spoke directly about Bitcoin (BTC).

In particular, Trump said that the first cryptocurrency is the world’s ninth most valuable asset and will overtake gold and silver in terms of market capitalization.

“If we don’t embrace crypto and Bitcoin technology, China will, other countries will, they’ll dominate […] We want China to be successful, but we have to be the most successful.”

Donald Trump, presidential candidate

The U.S. presidential candidate noted that the current administration waged a war on cryptocurrencies and BTC. The authorities strangled financial services and did not allow Americans to transfer assets to exchanges, he said.

The politician added that U.S. vice president and the most likely candidate for the Democratic presidential post, Kamala Harris, is worse than former candidate Joe Biden. According to Trump, she is “crazy” and strongly opposes cryptocurrencies.

Trump noted that during his four years in power, Bitcoin has grown by 3900%, from $898 on the day he took office to $35,900 on the day he left.

The politician also said that he would fire the head of the U.S. Securities and Exchange Commission on his first day of presidency. Trump added that he would appoint a person to this position who will not block America’s future.

Trump also promised to make the U.S. a mining center and said he would not allow the sale of 210,000 BTC stored on the country’s balance sheet. He believes the decision to store assets will be the”core of the strategic national reserve of BTC.

Purchasing 1 million BTC for the U.S.

Wyoming Senator Cynthia Lummis also announced a bill during the conference to purchase 1 million BTC for the U.S. balance sheet, which is 5% of the total supply of the asset.

She thinks that creating a Bitcoin reserve will help strengthen the dollar against growing inflation and consolidate the U.S. leadership in the global financial system.

Lummis noted that it is necessary to create a bright future for Americans by diversifying into BTC. According to the senator, the first cryptocurrency will be stored on the balance sheet of America for 20 years, and the only thing that can be spent on the assets is to repay the country’s national debt.

The bill should create a decentralized, secure network for storing BTC under the management of the U.S. Treasury Department. Also, this strategic reserve should not violate individual financial freedoms.

Daily Bitcoin purchase

Independent U.S. presidential candidate Robert F. Kennedy Jr. also supported Bitcoin, noting that most of his wealth is in BTC.

At Bitcoin 2024, the politician said that if elected president of the United States, he would first issue an executive order requiring the Justice Department to transfer 204,000 BTC to the Federal Reserve to be stored as a strategic asset. In addition, he would need the U.S. Treasury to buy 550 BTC daily until the country’s total capital reaches 4 million BTC.

The politician also plans to abolish taxation on transactions using the dollar and Bitcoin altogether. However, he did not rule out a scenario where BTC will be used for real estate investments as part of a tax-free exchange.

Bitcoin at $13 million by 2045

During the conference, MicroStrategy founder Michael Saylor said that Bitcoin quotes will reach $13 million by 2045. With the current Bitcoin price of about $65,000, its market capitalization is $1.3 trillion — only 0.1% of the world’s wealth. With an annual return of about 29%, digital gold will reach $280 trillion and 7% by 2045, he said.

Saylor called the audience for becoming Bitcoin maximalists: buy the first cryptocurrency, transfer all their assets, and move to a low-tax jurisdiction to invest the saved money in digital gold.

Bitcoin privacy issues

In addition, former NSA and CIA employee Edward Snowden called on American voters to remain critical and not trust politicians.

Snowden expressed severe concerns about the privacy issues of the first cryptocurrency. Despite the common misconception, he reminded that Bitcoin transactions are only partially anonymous because they can be traced to specific individuals.

In his opinion, many legislators are trying to earn the love of the Bitcoin community:

“They are not our tribe. They are not your personality. They have their own interests, values, and things they’re chasing. Try to get what you need from them, but don’t give yourself to them, even if you have to vote for them.”

Edward Snowden, former NSA and CIA employee 

Minimal interest in cryptocurrencies

BlackRock‘s head of digital assets, Robert Mitchnick, noted that the firm sees minimal client interest in cryptocurrencies beyond BTC and ETH. He also indicated that the firm expects only a few other crypto ETFs to emerge beyond these two significant digital assets.

Mitchnick also noted that most BlackRock clients view BTC and ETH as complementary rather than competing assets. He predicted that investors could allocate about 20% of their crypto holdings to ETH, with the rest to BTC.

Final Words

The involvement of many political figures in Bitcoin 2024 highlights the growing role of the crypto industry in the United States.

It is clear that as November approaches, policymakers are increasingly paying attention to the crypto industry, which has become an essential part of the U.S. political arena.

Tổng hợp và chỉnh sửa: ThS Phạm Mạnh Cường
Theo Crypto News

Ethereum ETFs bring substantial benefits, yet challenges remain | Opinion

For weeks, speculation has been mounting about when the US Securities and Exchange Commission (SEC) will approve spot Ethereum exchange-traded funds (ETFs). The introduction represents a transformative development in the cryptocurrency investment landscape, as it brings the potential to democratize access to Ethereum (ETH) investments, enhance market stability, and attract a more diverse investor base. Less discussed but equally important, however, is the need for a balanced consideration of the inherent risks investors should take into account.

On the plus side, Ethereum ETFs help simplify the process of investing in Ethereum, making it accessible to a broader audience. This ease of access is particularly beneficial for traditional investors who may be unfamiliar or uncomfortable with the complexities of direct cryptocurrency investments. Issues related to maintaining passphrases, cold storage, security, and multisignature (also known as multisig) access are a massive barrier and source of friction for investors looking to diversify away from traditional assets such as bonds/equities.

SEC approval has the added benefit of providing regulatory assurance. As a regulated financial product, an Ethereum ETF offers a level of security and oversight that is not present in the direct cryptocurrency market. This regulatory framework can instill confidence among investors, especially those wary of the unregulated nature of cryptocurrency exchanges. Including an Ethereum ETF in investment portfolios allows for greater diversification in an uncorrelated asset that many see as the future of finance. 

Cryptocurrencies often have different performance metrics compared to traditional assets, providing a hedge against market volatility and offering the potential for higher returns. As investors look beyond the 60/40 model for investing, Bitcoin ETFs and Ethereum ETFs provide a secure and regulated product to realize these goals. There’s also the potential benefit of institutional investors entering via ETFs, creating a larger, more mature, and more stable cryptocurrency market. Although it remains to be proven, increased institutional participation, driven by the availability of a regulated investment vehicle, could lead to more stable trading patterns and reduced volatility.

Not without challenges 

That being said, the potential benefits of an Ethereum ETF are still hypothetical and remain to be played out. With potential benefits come the potential risks that investors should weigh up, Ethereum remains a volatile asset, and an ETF will inherit this volatility. Investors must be prepared for significant price fluctuations and understand that the ETF does not eliminate the inherent risks of the underlying asset. 

There are also regulatory and technological uncertainties, as the evolving regulatory landscape for cryptocurrencies poses potential risks. Regulatory changes can impact the ETF’s performance and operations, with elections approaching in the US this November, it remains to be seen how supportive the government will be towards this nascent sector of the economy. 

Additionally, technological risks related to Ethereum, such as network upgrades and security vulnerabilities, can affect the ETF’s value. For all the industry proselytizes about the benefits of decentralization, there are significant concerns related to potential centralized points of failure, such as Validator Client software approaching a two-thirds majority, the Infura API, MEV Relays or cloud usage that could lead to catastrophic losses if not properly dealt with by the Ethereum community. 

In fairness, the Ethereum community is addressing these concerns related to centralization and being overly reliant on Geth/Teku validator client software. However, investors would be right to have concerns about how new technologies can fall down due to unexpected hurdles. There’s also the potential for market manipulation; while ETFs provide a regulated environment, the underlying cryptocurrency markets are still susceptible to manipulation. This can indirectly influence the ETF’s performance, making it essential for investors to remain vigilant.

A transformative development

The Ethereum ETF is a significant advancement that brings substantial benefits, including increased accessibility, regulatory oversight, and portfolio diversification. It can attract a wider range of investors, from retail to institutional, and contribute to the overall stability and maturity of the cryptocurrency market. However, the potential risks associated with Ethereum’s volatility, regulatory uncertainties, and technological factors cannot be overlooked. Investors must approach the Ethereum ETF with a comprehensive understanding of these risks and be prepared for the inherent uncertainties. No one is suggesting that investors should allocate more than 5–10% of their investment portfolio into digital assets, and if they do, they should be aware of the inherently volatile nature of these assets and their potential downsides.

While the Ethereum ETF offers an exciting opportunity for diversified investment and enhanced market participation, it is crucial for investors to conduct thorough research and consider their risk tolerance. The ETF’s regulated nature provides a safer entry point into the world of cryptocurrencies, but informed and cautious investment strategies remain paramount. By weighing the transformative benefits against the inherent risks, the Ethereum ETF can be seen as a balanced and innovative addition to the financial market, poised to play a pivotal role in the evolution of cryptocurrency investments and the financial services industry in general.

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Theo Crypto News

Bitwise pledges to donate 10% of Ethereum ETF

Bitwise Asset Management said it will allocate 10% of profits from its spot Ethereum ETF toward supporting Ethereum open-source development.

Bitwise, a crypto index fund manager, said in a press release on Monday it would donate some of the profits from its spot Ethereum exchange-traded fund (ETF) to Ethereum developers in a bid to support open-source development.

In the announcement, the Chicago-headquartered firm said it will send 10% of profits of the Bitwise Ethereum ETF to two organizations: Protocol Guild, a funding organization, and PBS Foundation, a non-profit research entity. The asset manager says the donations “have no strings attached” and will be made annually “for at least the next 10 years.”

Bitwise CTO Hong Kim says the firm wants to provide an additional source of funding for “unsung heroes who work tirelessly to improve the Ethereum network’s security, scalability, and usability every day.” In addition to Ethereum, Bitwise earlier also pledged to donate 10% of profits from its spot Bitcoin ETF to Brink, OpenSats, and the Human Rights Foundation’s Bitcoin Development Fund.

The announcement comes as the U.S. Securities and Exchange Commission (SEC) signed off on spot Ethereum ETF applications from Bitwise Asset Management, BlackRock, and 21Shares among others, paving the way for broader institutional adoption and increased investor access to Ethereum.

As crypto.news reported earlier, the SEC first approved applications for spot Ethereum ETFs at the end of May. However, firms were still awaiting approval for their S-1 filings before trading could officially begin.

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Theo Crypto News

Ethereum price could see sell-the-news retreat following ETF approval

Ethereum price was in a consolidation phase on Tuesday even as the Securities and Exchange Commission approved ETFs by companies like BlackRock, Invesco, Bitwise, and Franklin Templeton.

The ETH token was trading at $3,500, where it has been stuck in the past few days after rising by 25% from its lowest point this month. 

SEC approves spot Ethereum ETFs

The SEC approved spot Ethereum ETFs this week and expects them to start trading on Tuesday. This is a big event for Ethereum and the ETF issuers since the SEC has often warned that it sees Ether as a security because of its staking features.

Some of the approved ETFs are ETH by Grayscale, EZET by Franklin Templeton, ETHV by VanEck, FETH by Fidelity, and ETHA by Blackrock. Most of these funds have a 0% starting fee, with Blackrock’s ETHA having a smaller 0.12% waiver. 

After that, Grayscale’s ETH will be the cheapest Ethereum ETF, with an expense ratio of 0.15%. The other cheaper funds will be EZET (0.19%), ETHV (0.20%), and ETHW (0.20%).

Buy the rumor, sell the news

In theory, Ethereum’s price should have risen after the news of such important ETFs. Besides, Bitcoin rose from below $40,000 in January when the SEC approved spot ETFs and reached a record high of $73,750.

However, there is also a risk that Ethereum will retreat since the ETF approval was in line with expectations. These expectations partly explain why Ether has risen by over 25% from its lowest point this year.

In price action analysis, this situation is known as ‘buy the rumor, sell the news’. It happens when an asset rises in anticipation of a big event and then falls when it happens. 

A good example of this is what happened in 2023 when the SEC partially lost its lawsuit against Ripple. The XRP token rose to $0.9325 that day and then slumped by 60% and bottomed at $0.3821 this month. 

Fortunately for Ethereum, it has formed a bullish flag chart pattern, which is often a sign of continuation. More upside will be confirmed if it rises above the upper side of the flag pattern at $3,570. 

Ethereum price has formed a bullish flag pattern

Ethereum also has some solid fundamentals. As Blackrock’s Jay Jacobs noted, the network has a real utility since it is the most popular blockchain network in Decentralized Finance (DeFi), metaverse, stablecoins, and non-fungible tokens (NFT). It has over $79 billion in stablecoins and has already collected over $1.8 billion in fees this year. 

Ethereum also has a long track record of beating Bitcoin. It has risen by 1,600% in the past five years, while Bitcoin has jumped by 600%.

Therefore, the same investors who have allocated cash in Bitcoin ETFs like Millenium Management, Susquehanna, and Apollo Global may decide to allocate some to these ETFs. All this is happening at a time when Ethereum balances in exchanges have dropped sharply this year.

Tổng hợp và chỉnh sửa: ThS Phạm Mạnh Cường
Theo Crypto News

Gemini founders donate $2m in Bitcoin to support Trump

The billionaire Winklevoss twins have each donated million in BTC to ex-President Donald Trump in response to the weaponization of the SEC against crypto.

The founders of the Gemini crypto exchange, Cameron and Tyler Winklevoss, have donated 30.94 BTC (worth around million) to former U.S. President Donald Trump, who is hoping to return to the White House in 2024.

In an X statement, Tyler Winklevoss said he will be voting for Donald Trump in November, adding the decision was made in response to a hawkish attitude toward crypto from the Biden Administration.

“Over the past few years, the Biden Administration has openly declared war against crypto. It has weaponized multiple government agencies to bully, harass, and sue the good actors in our industry in an effort to destroy it.”

Tyler Winklevoss

The Gemini co-founder claims the Biden Administration’s actions have been “nothing short of an unprecedented abuse of power wielded entirely for twisted political gain at the complete expense of innovation, the American taxpayer, and the American economy.”

The Winklevoss twins have been vocal about their discontent with the U.S. Securities and Exchange Commission (SEC). Tyler Winklevoss highlighted that the SEC “has not written a single rule for the crypto industry to help any of its participants understand how to navigate the regulatory landscape for this new asset paradigm.”

Cameron Winklevoss echoed his brother’s sentiments and support for Trump, asserting that the former president “will put an end to the Biden Administration’s war on crypto.”

In early 2023, the SEC charged Genesis Global and Gemini with offering and selling unregistered securities to retail investors through the Gemini Earn program, which collapsed following Genesis’ bankruptcy triggered by the November 2022 crypto market crash.

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Theo Crypto News

Ethereum secures ‘major win’ as SEC drops investigation

Ethereum has achieved a “major win” as the SEC closes its investigation into Ethereum 2.0, confirming that sales of ETH are not considered securities transactions.

Ethereum, the second-largest crypto by market capitalization, has scored a significant victory as the Enforcement Division of the U.S. Securities and Exchange Commission (SEC) announced the closure of its investigation into Ethereum 2.0, blockchain firm Consensys said in an X post.

The SEC’s decision means that the agency “will not bring charges alleging that sales of ETH are securities transactions,” Consensys explains.

“The closing of the Ethereum investigation is momentous, but it’s not a cure-all for the many blockchain developers, technology providers, and industry participants who have suffered under SEC’s unlawful and aggressive crypto enforcement regime.”

Consensys

The latest development comes after a Jun. 7 letter to the SEC from Consensys, which requested confirmation that the recent approval of spot Ethereum exchange-traded funds (ETFs), assuming ETH to be a commodity, would result in the closure of the Ethereum 2.0 investigation.

Despite the positive outcome, the battle for regulatory clarity between Consensys and the SEC continues as the blockchain firm is seeking a declaration that offering user interface software such as MetaMask Swaps and Staking doesn’t violate securities laws.

The closure of the investigation marks a significant step forward for Ethereum and the whole industry, which has been grappling with regulatory uncertainties and enforcement actions lately. Following the news, ETH price soared 3% and is now trading at ,555, according to data from CoinMarketCap.

Tổng hợp và chỉnh sửa: ThS Phạm Mạnh Cường
Theo Crypto News

Will crypto regulation change after the SEC’s head of the crypto left?

David Hirsh, the former head of the Cryptocurrency and Network Division at the U.S. Securities and Exchange Commission, has left his position.

In his LinkedIn post, he called securities trading a “team sport.” He thanked his SEC colleagues for their cooperation and joint efforts to achieve a common goal.

“As I often say, securities enforcement is a team sport, and that was certainly true throughout my tenure. Every success I was a part of was the direct result of collaboration and combined efforts towards a common goal. Thanks to all of you!”

David Hirsh, the former head of the Cryptocurrency and Network Division at the SEC

He did not specify the details of further employment. However, he wrote that he would take a break and travel with his family.

Nine years in the SEC

Hirsch was an advisor to SEC Commissioner Caroline Crenshaw and has worked on issues related to law enforcement, digital assets, and cybersecurity.

Throughout his SEC career, he has provided training on issues related to digital assets and cybersecurity, including to fellow regulators and law enforcement officials.

Hirsch worked for the SEC for about nine years in total. He joined the organization as a staff lawyer but subsequently headed the department dealing with crypto exchanges and decentralized finance (defi) projects.

New role or rumors?

The meme coin project Pump.Fun wrote that Hirsch is joining the project as Head of Trading. The team noted that David had concluded that his job as a regulator was no longer fulfilling and that he had to start a new chapter.

Pump.Fun also noted that David has allegedly launched over 100 coins himself and will now be in charge of Pump.Fun’s new internal trading department will be responsible for launching over 1,000 coins per day. However, Hirsch later denied this statement.

The role of Hirsch and the SEC in crypto regulation

Hirsch took charge of the division in October 2022, when the crypto market was in its worst position in recent years. During that period, several large crypto companies went bankrupt at once, and the culmination of the crisis was the collapse of the large FTX exchange, which reduced the coin industry to local minimums during the latest bearish trend.

While Hirsch served as head of the department, the SEC began an aggressive law enforcement campaign against several companies in the industry. Kraken, Coinbase, Binance, Ripple, and many other blockchain industry giants came under pressure.

The lawsuits against Coinbase and Binance, filed separately within days, have led to lengthy legal battles. Kraken reached a settlement agreement with the Commission after paying a million fine.

What’s next for cryptocurrency in the U.S.?

Hirsch’s departure rids the industry of a significant figure who has openly advocated for strict cryptocurrency regulation. However, the question of who will lead the cryptocurrency industry after Hirsh leaves remains open.

The upcoming presidential elections in America in the fall may play a significant role in this process, and the country’s new leader will largely determine the SEC’s policy for the years to come. A survey commissioned by Grayscale showed that Americans have become more actively interested in cryptocurrencies ahead of the U.S. presidential election — 53% of respondents are ready to vote for a candidate who understands cryptocurrencies.

Source: Grayscale

Now, the administration of U.S. President Joe Biden is trying its best to earn the loyalty of voters who own digital assets. Several recent initiatives, including adopting spot Ethereum ETFs, signal this.

Biden’s primary opponent, former President Donald Trump, previously called himself the “crypto president” and promised to do many good things for the industry if elected. He also vowed to end the war on crypto that Biden started and make every effort to ensure the future of Bitcoin (BTC) and other cryptocurrencies in America.

However, Gary Gensler, who likes to call all cryptocurrencies except for BTC, still holds the post of SEC Chairman. Perhaps, it will be possible to achieve an improvement in what is happening after the American elections.

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Theo Crypto News

Gary Gensler: Ethereum ETFs likely approved by end of summer

Spot Ethereum ETF supporters were handed a win during a Senate hearing, as SEC Chair Gary Gensler said applications were advancing. 

Speaking to a subcommittee of the Senate Appropriations Committee, U.S Securities and Exchange Commission (SEC) chair Gary Gensler hinted towards a full regulatory approval for spot Ether (ETH) ETFs could come by the end of September. 

Gensler said at the budget hearing on June 13 that the final batch of filings, known as S-1s or registration of securities, has reached staff review. The commission already approved proposed rule changes to list spot ETH ETFs, also called 19b-4, last month.

Although the agency’s top official confirmed that Ethereum ETFs will likely start trading soon, Gensler’s vague stance on Ether’s asset status continued. The SEC chair refused to categorically say whether the largest decentralized finance native token is a commodity or a security. 

Gensler’s counterpart at the Commodity Futures Trading Commission, Rostin Behnam, has adopted an opposing view. “Yes,” answered Behnam when asked if Ether should be classified as a commodity. 

While experts noted that issuers filed spot ETH ETF bids in a non-security manner, it remains unclear how U.S. regulators and policymakers will officially approach the asset. 

However, the removal of all staking language from applications suggests that Ethereum’s proof-of-stake (PoS) consensus mechanism is likely under SEC scrutiny. 

The securities agency has launched multiple enforcement actions and sent Wells Notices to Ethereum adjacent providers like Consensys and Uniswap, further solidifying Gensler’s view on the matter. Still, considering political shifts in recent months, inquiries into Ether’s underlying technology may also be dead in the water. 

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Theo Crypto News