Van Buren Capital General Partner Scott Johnsson unearthed Tuesday an overlooked detail in a March filing, resurfacing the suggestion that the U.S. Securities and Exchange Commission may consider ether a security ahead of expected spot exchange-traded fund denials this month.

“I'm aware this is widely considered a possibility, but this is your official notice that the SEC is considering the security question for ETH in this upcoming spot ETF order,” Johnsson said. “Note that this question was never (afaict) asked regarding a spot/futures BTC ETF product.”

“The obvious purpose is to potentially deny on the basis that these spot filings are improperly filed as commodity-based trust shares and do not qualify if they are holding a security,” Johnsson added.

The question referenced was …