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Coinbase Gives Arguments Against SEC for Denying New Crypto Rules

Published: Sep 24, 2024 | Last Updated: Sep 24, 2024
Howard Kane
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Coinbase seeks clearer digital asset rules, arguing current laws hinder growth; SEC maintains existing framework suffices.

The ongoing legal battle between Coinbase and the U.S. SEC has reached a critical juncture. At the heart of the dispute is Coinbase's demand for clearer regulations for digital assets, which they argue are inadequately addressed by existing laws.

Coinbase's Argument for New Rules

Coinbase, has taken its case to the U.S. Third Circuit Court of Appeals. The company contends that the SEC acted "arbitrarily and capriciously" by denying their petition to propose new rules for the cryptocurrency sector. According to Coinbase, the current regulatory framework is not suitable for the unique nature of digital assets.

Coinbase's lawyer, Eugene Scalia, emphasized the need for the SEC to establish clear guidelines. He criticized the SEC for enforcing actions without providing a clear registration process for digital assets. This lack of clarity, Coinbase argues, creates uncertainty and hinders the growth of the crypto industry.

The SEC's Stance

On the other side, the SEC, led by Chair Gary Gensler, argues that existing securities laws are sufficient to regulate the crypto markets. The SEC uses the Howey test, a legal standard used to determine whether a transaction qualifies as an investment contract, to assess if digital assets are securities.

The SEC has maintained its position that digital assets can and should be regulated under the current framework. They have also taken legal action against Coinbase for allegedly failing to register as required under these laws.

Implications for the Crypto Industry

The outcome of this legal battle could have significant implications for the cryptocurrency industry. If the court sides with Coinbase, it could lead to the establishment of new, more tailored regulations for digital assets. This could provide much-needed clarity and potentially foster innovation and growth within the sector.

Conversely, if the SEC's stance is upheld, it may reinforce the application of existing securities laws to digital assets, potentially leading to more enforcement actions against crypto companies that do not comply.

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